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A woman is suing Starbucks for “false and deceptive practices” over claims that the coffee company’s iced, fruit-filled refresher beverage actually contains no fruit. Joan Kominis from Queens, New York, filed a complaint in August 2022 after learning that Starbucks’ Strawberry Acai Lemonade Refresher contained no actual acai. Court documents filed in the southern district of New York claim that “unbeknownst to consumers, the Mango Dragon Fruit and Mango Dragon Fruit Lemonade Refreshers contain no mango, the Pineapple Passionfruit and Pineapple Passion Fruit Lemonade Refreshers contain no passionfruit, and the Strawberry Açaí and Strawberry Açaí Lemonade Refreshers contain no açaí.” Kominis and her co-plaintiff, Jason McAllister of California, are seeking damages in excess of $5m. Starbucks has since called the allegations “inaccurate” and “without merit”. On Tuesday 19 September, US District Judge John Cronan rejected Starbucks’ request to dismiss nine of the 11 claims in the class-action complaint because “a significant portion of reasonable consumers” would assume that the beverages in question would contain the fruit in their names. The plaintiffs have said the main ingredients in these beverages were water, grape juice concentrate, and sugar. They claim the refreshers “differ from other Starbucks products” in that the product doesn’t contain items in their name. “Starbucks’ hot chocolate contains cocoa, its matcha lattes contain matcha, and its honey mint tea contains honey and mint,” reads the complaint. While they noted that the refresher drinks do in fact contain freeze-dried pieces of strawberries, pineapple and dragon fruit, they claimed that Starbucks “does not affirmatively indicate anywhere which ingredients are and are not in the products.” Starbucks had said that the fruits mentioned in the refreshers titles are meant to “describe the flavours as opposed to the ingredients.” Judge Cronan disagreed, writing in his ruling: “Nothing before the Court indicates that ‘mango,’ ‘passionfruit,’ and ‘açaí’ are terms that typically are understood to represent a flavour without also representing that ingredient.” In Kominis’ original filing, she claimed that she was going to buy a Strawberry Açaí refresher specifically for the açaí benefits. The suit stated that açaí berries and juice “are known to provide benefits to heart health, cognitive function, and contain anti-cancerous properties.” “Had she known that the product did not contain açaí, she would not have purchased it, or would have paid significantly less for it,” the document read. Kominis said that she and other consumers bought these menu items and “paid a premium price” based on Starbucks’ naming of the refreshers, and would either not have purchased them or “paid significantly less for them” had they been aware they were missing one of the named fruits. “The allegations in the complaint are inaccurate and without merit,” a Starbucks spokesperson told Today. “We look forward to defending ourselves against these claims.” One claim of fraud and another for unjust enrichment were dismissed from the suit, but Starbucks will have to face the rest of the allegations. The Independent has contacted a spokesperson for Starbucks for comment. This is the second lawsuit an American food chain has faced in recent weeks. Earlier this month, Burger King was sued over claims that the company misled customers by making its Whopper burger appear larger on the menu than how it appears in reality. Read More Citing sustainability, Starbucks wants to overhaul its iconic cup. Will customers go along? Starbucks cheers ‘good progress’ in plan for 100 new UK shops Ed Sheeran serves up Pumpkin Spice Lattes to surprised Starbucks customers Courgette season is nearly over – here’s three ways to make the most of them Top international cuisines Brits are keen to try Subway enthusiasts stew over launch of first ever 3-inch sandwich

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Luis Rubiales refused to resign from his role as president of the Spanish FA and blamed World Cup star Jenni Hermoso for his kiss in a wild press conference. Rubiales has been widely criticised after kissing Hermoso on the mouth in the aftermath of Spain’s first-ever Women’s World Cup victory. Video later emerged of Rubiales grabbing his crotch in celebration in close proximity to the Queen of Spain and her 16-year-old daughter. Speaking to media on Friday, when he had been expected to resign and with the media briefed on his replacement, Rubiales doubled down on his position saying that he would fight to clear his name in court if necessary and calling out a “false feminism” witchhunt for the criticism. He loudly told those gathered: “No I am not going to resign,” and reiterated himself a number of times, while some of the audience, including controversial Spain women’s head coach Jorge Vilda and Spain’s men’s head coach Luis de la Fuente, applauded his statement. It was a bizarre press conference. He defended the kiss, saying: “Jenni was the one who lifted me up. I told her to ‘forget about the penalty’ and I said to her ‘a little peck?’ and she said ‘OK’. It was a spontaneous kiss. Mutual, euphoric and consensual. That’s the key. “A consensual ‘peck’ is enough to get me out of here? I will fight until the end.” Hermoso herself said after the match, when asked about the kiss: “Er...no I did not like that,” and has released a statement along with her union Futpro calling for measures against Rubiales. However, the president added in his speech: “Whoever watches the video will see the desire in that kiss is the same as with one of my daughters. There is no desire or dominance. “It’s not what is being pushed in the media and feminism. The kiss was spontaneous, mutual and consensual.” In an even more strange turn of phrase, he said that a “social assassination was taking place here” and that “I am ready to be vilified to defend my ideals”. He added: “I apologise unreservedly but I don’t deserve this manhunt I have been suffering.” Rubiales added, on his actions in the box: “I want to apologise unreservedly for something that happened in the presidential box, when in a moment of euphoria I grabbed a part of my body,” he said. “Look, I got very excited and I lost control. I have to apologise to the royal family because it is a very unedifying gesture.” Yesterday, the 46-year-old was being described as “cornered” by those with knowledge of the situation, as large amounts of public criticism have led to three formal complaints over whether his behaviour constituted an infraction of Spain’s sports law, which sanctions against sexist acts. Fifa also opened its own investigation on Thursday and released the statement: “The events may constitute violations of article 13 paragraphs 1 and 2 of the Fifa Disciplinary Code. The Fifa disciplinary committee will only provide further information on these disciplinary proceedings once it has issued a final decision on the matter. Fifa reiterates its unwavering commitment to respecting the integrity of all individuals and strongly condemns any behaviour to the contrary.” The sections of the disciplinary code referenced in the Fifa statement cover “offensive behaviour and violations of the principles of fair play”. A further dimension to the story is that it is now being seen as potentially influencing Spain’s World Cup bid for 2030, which Rubiales has been central to. Read More ‘This is unacceptable’ – Alexia Putellas after Luis Rubiales refuses to resign Jess Carter: Spanish FA president kissing midfielder ‘ruined’ celebration Fifa opens disciplinary proceedings against Spanish FA president Luis Rubiales Spanish soccer president faces general assembly amid reports he will resign for kissing a player Luis Rubiales resists calls to resign but walls are closing in on Spanish football president Spain boss Jorge Vilda appears to grab breast of female coach during World Cup final