Starbucks is sued again for allegedly copying the concept for coffee

Starbucks has been sued for the third time by a business that claims the coffee shop stole its idea for coffee-flavored lipstick and lip gloss.

Balmuccino, whose leaders include TV doctor Mehmet Oz's sister-in-law, filed a complaint in Manhattan federal court on Friday.

The filing came after a Seattle federal judge dismissed an earlier version of the complaint on procedural grounds in July 2023, marking the second such dismissal.

Starbucks, based in Seattle, had no immediate response.

Balmuccino stated that company began creating coffee-flavored lip balms in 2016 and presented them at an October 2018 meeting in Starbucks' New York office, where it provided prototypes and other private information.

According to the Los Angeles-based business, Dr. Oz arranged the meeting after contacting Starbucks CEO Howard Schultz to propose a potential collaborative venture.

Balmuccino claimed Starbucks "stole" its fully developed lip balm concept when it launched the "S'mores Frappuccino Sip Kit" in April 2019.

The kits featured lipstick and gloss in four different colors: Campfire Spark, Chocolicious Bliss, Graham Glam, and Marshmallow Glow.

Balmuccino claims Starbucks did not compensate it for selling Sip Kits, and it seeks specific compensation and punitive penalties.

It stated that its case is not too late because New York allows some plaintiffs to put statutes of limitation on hold when they litigate in the incorrect forum and, "as here," a court determines it lacks jurisdiction.

Balmuccino first sued Starbucks in Los Angeles in October 2019.

The case is Balmuccino LLC v. Starbucks Corp (NASDAQ:SBUX), U.S. District Court, Southern District of New York, Case No. 24-06214.