Starbucks Is Being Sued Over 'Sugar-Free' Protein Lattes That Contain as Much Sugar as a Kitkat Bar

Starbucks is facing a federal class action lawsuit in the United States over its 'sugar-free' protein lattes and matcha drinks, with plaintiffs claiming some venti servings contain as much sugar as a KitKat bar.

The case, filed on 2 October 2024 in Seattle, targets eight beverages marketed as sugar-free yet listed with between 13g and 21g of sugar per serving.

The drinks at the centre of the dispute are the Sugar-Free Vanilla Protein Latte, Sugar-Free Caramel Protein Latte, Sugar-Free Vanilla Protein Matcha and Sugar-Free Caramel Protein Matcha, plus their iced counterparts.

According to the complaint, a venti Sugar-Free Caramel Protein Matcha carries 21g of sugar, which the filing says is 'almost as much total sugar as is contained in a standard Kit Kat bar'.

What the Lawsuit Alleges About Starbucks Sugar-Free Drinks

The suit, brought by three consumers in California, New York and Washington and represented by Seattle firm Hagens Berman, argues that 'no reasonable person' would expect a beverage named 'sugar-free' to contain that much sugar.

It contends the names are false and misleading, regardless of whether nutritional information is available elsewhere.

Central to the claim is a federal standard cited in the complaint: under FDA rules, a product labelled 'sugar-free' must contain less than 0.5g of sugar per 12-ounce serving. The plaintiffs say the protein beverages exceed that threshold by a wide margin because of lactose, a naturally occurring sugar in the protein-boosted milk used to make them.

Steve Berman, co-founder and managing partner of Hagens Berman, told the Associated Press that people avoid sugar for various reasons, including general health and diabetes management, so a 'staunch mislabeling like this is significant'.

The lawsuit seeks damages on behalf of US consumers who bought the drinks and asks the court to order Starbucks to stop using the 'sugar-free' label on products that contain sugar.

Starbucks Response and Nutrition Details on Menu

Starbucks denies misleading customers. In a statement, the company said it has 'consistently and clearly provided information about its protein beverages, sugar-free options, customization choices, and nutritional content across product announcements, menus, marketing materials, Starbucks.com and the Starbucks app, and we intend to vigorously defend ourselves in this matter'.

The coffee chain maintains it does not add sugar to the drinks and uses sugar-free syrup for flavouring, with the sugar content coming from the protein-boosted milk. On its US website, the beverages are marketed as 'sugar-free' while also displaying the amount of sugar in each drink and noting they are made without added sugar.

Menu figures cited in the lawsuit and media reports show a 16-ounce Sugar-Free Caramel Protein Matcha with 16g of sugar and a 20-ounce version with 21g.

A 16-ounce iced Sugar-Free Caramel Protein Latte is listed with 9g of sugar and 29g of protein, while hot vanilla and caramel protein lattes each show 19g in venti size, and the Sugar-Free Vanilla Protein Matcha 20g. Iced versions range from 13g to 17g.

How the Drinks Compare to a KitKat Bar

A standard 1.5oz KitKat bar contains about 22g of added sugar and 23g total, according to the Hersheyland website referenced in coverage of the case. The complaint also notes that 21g of sugar is roughly equal to five teaspoons.

The case is proceeding in the US District Court for the Western District of Washington as a proposed class action on behalf of US consumers. The allegations have not yet been tested or proven in court.