By Jonathan Stempel
NEW YORK (Reuters) – A company has sued Starbucks Corp for a third time, accusing it of stealing its concept for coffee-flavored lipstick and lip gloss.
Paluccino, whose leaders include the sister-in-law of televangelist Mehmet Oz, filed the complaint Friday in federal court in Manhattan.
The lawsuit was filed after a federal judge in Seattle in July 2023 dismissed an earlier version of the lawsuit on procedural grounds, the second such dismissal.
Seattle-based Starbucks had no immediate comment.
Palmuccino said it began developing coffee-flavored lip balms in 2016 and presented them at an October 2018 meeting at Starbucks’ New York office, where it presented prototypes and other confidential information.
The Los Angeles-based company said Dr. Oz brokered the meeting, when he called Starbucks CEO Howard Schultz to propose a potential joint venture.
Palmuccino said Starbucks “stole” her entire lip balm concept by launching the “S’mores Frappuccino Sip Kit” in April 2019.
The collection includes lipstick and gloss in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam, and Marshmallow Glow.
Palmuccino said Starbucks did not compensate him for selling the soda kits, and is seeking unspecified damages and penalties.
She said her lawsuit was not too late because New York allows some plaintiffs to suspend statutes of limitations when they file lawsuits in the wrong court, and “as here,” the court finds it lacks jurisdiction.
Palmuccino filed a lawsuit against Starbucks in Los Angeles in October 2019.
The case is Balmuccino LLC v. Starbucks Company (NASDAQ:), U.S. District Court, Southern District of New York, No. 24-06214.