Starbucks faces lawsuit over accusations of stealing the concept for coffee-flavoured lipstick

A company accusing Starbucks of stealing its idea for coffee-flavoured lipstick and lip gloss has sued the coffee chain for a third time.

Balmuccino filed its complaint on Friday in Manhattan federal court. Its leaders have included a sister-in-law of TV doctor Mehmet Oz.

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

Seattle-based Starbucks had no immediate comment.

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Balmuccino said it began developing coffee-flavoured lip balms in 2016 and pitched them at an October 2018 meeting in Starbucks' New York office, where it provided prototypes and other confidential information.

The Los Angeles-based company said Dr. Oz had brokered the meeting, during which he had called Starbucks Chief Executive Howard Schultz to propose a potential joint venture.

Balmuccino said Starbucks "stole" its fully developed concept for lip balms by launching its "S'mores Frappuccino Sip Kit" in April 2019.

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

Balmuccino said Starbucks did not pay it a premium for selling Sip Kits and is seeking unspecified compensatory and punitive damages.

It said its lawsuit isn't too late because New York allows some plaintiffs to toll their statutes of limitation when they sue in the wrong forum and, "as here," a court finds it lacks jurisdiction.

Balmuccino originally sued Starbucks in Los Angeles in October 2019.

The case is Balmuccino LLC v. Starbucks Corp, U.S. District Court, Southern District of New York,No.24-06214.