Starbucks is being sued again over alleged coffee-flavored lipstick concept theft by Reuters

By Jonathan Stempel

NEW YORK (Reuters) – Starbucks has been sued for the third time by a company that accused the coffee chain of stealing its coffee-flavored lipstick and lip gloss concept.

Balmuccino, whose ringleaders included a sister-in-law of TV doctor Mehmet Oz, filed the complaint in federal court in Manhattan on Friday.

The filing followed a July 2023 dismissal by a federal judge in Seattle of an earlier version of the suit on procedural grounds, the second such dismissal.

Seattle-based Starbucks had no immediate comment.

Balmuccino said he began developing coffee-flavored lip balms in 2016 and presented them at an October 2018 meeting at Starbucks’ New York office, where he provided prototypes and other confidential information.

The Los Angeles-based company said Dr. Oz brokered the meeting when he contacted Starbucks Chief Executive Howard Schultz to suggest a possible joint venture.

Balmuccino said Starbucks “stole” the fully developed lip balm concept by launching the “S’mores Frappuccino Sip Kit” in April 2019.

The sets included lipstick and gloss in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam and Marshmallow Glow.

Balmuccino said Starbucks did not compensate her for selling Sip kits and is seeking unspecified compensatory and punitive damages.

She said her suit isn’t too late because New York allows some plaintiffs to tow the statute of limitations when they sue in the wrong forum and, “as here,” a court finds it doesn’t have competence.

Balmuccino originally sued Starbucks in Los Angeles in October 2019.

The case is Balmuccino LLC v. Starbucks Corp (NASDAQ:), US District Court, Southern District of New York, no. 24-06214.