Balmuccino accused Starbucks of stealing its idea for coffee-flavored lipstick and lip gloss in a third complaint that it filed against the company.
Balmuccino, whose leaders have included TV doctor Mehmet Oz’s sister-in-law, filed a complaint in Manhattan federal court.
The filing came after the first lawsuit was dismissed on procedural grounds by a federal judge in Seattle in July 2023; this was the second such dismissal.
Balmuccino presented prototypes and other proprietary information, stating that it started creating coffee-flavored lip balms in 2016, during a meeting in October 2018 at Starbucks’ New York office.
Dr. Oz arranged the meeting, according to the Los Angeles-based company, by reaching out to Starbucks CEO Howard Schultz about a potential joint venture.
Balmuccino claimed that when Starbucks introduced its “S’mores Frappuccino Sip Kit” in April 2019, it “stole” their fully developed concept for lip balms.
Four shades of lipstick and gloss were included in the kits: Graham Glam, Marshmallow Glow, Chocolicious Bliss, and Campfire Spark.
Balmuccino claims that Starbucks failed to pay it for the Sip Kits it sold, and it is suing for punitive and unspecified compensation damages.
It stated that because New York allows some plaintiffs to put statutes of limitations on hold when they file a lawsuit in the incorrect forum and a court determines that it lacks jurisdiction, “as here,” the lawsuit is still viable.
Originally filed in October 2019, Balmuccino sued Starbucks in Los Angeles.
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