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Balmuccino has sued Starbucks for the third time, accusing the coffee company of stealing its idea for coffee-flavored lip balm.
Starbucks has been sued for a third time by Balmuccino, a company accusing the coffee giant of stealing its concept for coffee-flavored lipstick and lip gloss. The lawsuit was filed on Friday in Manhattan federal court.
Balmuccino, a Los Angeles-based company whose leaders have included a sister-in-law of TV personality Dr. Mehmet Oz, began developing coffee-flavored lip balms in 2016.
The company claims it pitched the idea to Starbucks during a meeting in October 2018 at the coffee chain’s New York office, where it provided prototypes and other confidential information.
This latest lawsuit follows two prior dismissals on procedural grounds. In July 2023, a Seattle federal judge dismissed an earlier version of the lawsuit, marking the second such dismissal. Despite these setbacks, Balmuccino has continued its legal battle.
Balmuccino alleges that Starbucks “stole” its fully developed concept and used it to launch the “S’mores Frappuccino Sip Kit” in April 2019. The Sip Kits included lipstick and gloss in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam, and Marshmallow Glow. Balmuccino claims it was not compensated for the concept and seeks unspecified compensatory and punitive damages.
Balmuccino argues that its lawsuit is not too late due to New York’s legal provisions. These provisions allow some plaintiffs to pause statutes of limitations when they sue in the wrong forum. This provision is relevant in cases where a court finds it lacks jurisdiction, as Balmuccino experienced in previous filings.
Based in Seattle, Starbucks has not yet commented on the latest lawsuit.
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