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Half Full: Illinois Woman Sues Starbucks Over Too Much Ice

by Elisha Fieldstadt /  / Updated 
A Starbucks store is seen inside the Tom Bradley terminal at LAX airport in Los Angeles, California, United States, in this October 27, 2015, file photo.LUCY NICHOLSON / Reuters

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First, people were suing because their coffee was too hot. Now, it's got too much ice.

An Illinois woman has filed suit against Starbucks for $5 million over the amount of ice the coffee giant used in its drinks.

Stacy Pincus filed the class action lawsuit against Starbucks Corp. in Northern Illinois Federal Court Wednesday, according to court documents.

Pincus' suit says because of the amount of ice Starbucks uses in their iced beverages, customers often end up with half of the amount of drink that is listed on Starbucks' menus in fluid ounces. The suit alleges that Starbucks is purposefully tricking customers into paying for more product than what they are provided with.

"The word 'beverage' is defined as 'a drinkable liquid.' Ice is not a 'beverage' by definition. Accordingly, Starbucks actually gives the customer much less beverage in the cold drinks they order and pay for," the lawsuit says.

Related: Starbucks Will Reward How Much You Spend, Not How Often You Visit

"Starbucks' Cold Drinks are underfilled to make more money and higher profits, to the detriment of consumers who are misled by Starbucks’ intentionally misleading advertising practices," the lawsuit continues.

The suit suggests that Starbucks start using larger cups so that the company can sell the amount of advertised liquid, along with ice.

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Pincus is suing Starbucks for $5 million and the suit said it is on behalf of any customer who has bought a cold drink at Starbucks within the past 10 years.

Hart McLaughlin & Eldridge LLC in Chicago is representing Pincus, according to court documents.

Starbucks spokeswoman Jaime Riley told NBC News that Pincus' claims are "without merit."

"Our customers understand and expect that ice is an essential component of any 'iced' beverage," Riley said. "If a customer is not satisfied with their beverage preparation, we will gladly remake it," she added.

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