The number of lawsuits accusing Starbucks of deceiving its customers by serving them too much ice has fallen by one.

In June, a California man named Alexander Forouzesh filed a proposed class action suit alleging that customers ordering cold beverages from Starbucks received less liquid than advertised as ice could take up as much space as 10 fl oz.

But ordering a cold drink means it will be served with ice, according to US district judge Percy Anderson. In his decision, Percy wrote:



If children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive, the Court has no difficulty concluding that a reasonable consumer would not be deceived into thinking that when they order an iced tea, that the drink they receive will include both ice and tea and that for a given size cup, some portion of the drink will be ice rather than whatever liquid beverage the consumer ordered.

The judge also pointed out that since the cups used for cold drinks are clear, it is easy for customers to see how much ice they are getting.

You can order light ice or extra ice on any of our iced beverages. #ProTip #JustRight — Starbucks Coffee (@Starbucks) April 9, 2015

Since the lawsuit was first filed, Starbucks has insisted that ice is an “essential component of any ‘ice’ beverage”. The company also reiterated that any customer unhappy with their beverage could alert their barista and get a new one.

Customers are also welcome to ask for light ice or extra ice when placing their order.

A similar case against Starbucks is still making its way through the Illinois court system. Chicago resident Stacey Pincus filed a 29-page complaint claiming that Starbucks’ cup sizes were deceiving customers since ice beverages contained less liquid than advertised. The complaint also noted that cold drinks tended to cost more than hot drinks and that the company was making more money off of customers buying iced drinks.

“I can promise you the ice issue is much ado about nothing,” Howard Schultz, CEO of Starbucks, told CNBC in June.

However, a few weeks later, a San Francisco judge allowed another lawsuit against Starbucks to go forward. This time, the plaintiffs said that the coffee giant was deceiving customers by serving them too much foam in their lattes and thus providing them with 25% less liquid than advertised.

“By underfilling its lattes, thereby shortchanging its customers, Starbucks has saved countless millions of dollars in the cost of goods sold and was unjustly enriched by taking payment for more product than it delivers,” claimed the lawsuit.

US district judge Thelton Henderson did not rule on the case’s merits and allowed the lawsuit to go forward, noting:

“This is not a case where the alleged deception is simply implausible as a matter of law. The court finds it probable that a significant portion of the latte-consuming public could believe that a ‘Grande’ contains 16 ounces of fluid.”