In Kristie Brownell v. Starbucks Coffee Corp, Case No. 5:22-cv-01199, (USDC ND NY, July 12, 2023), a federal judge in Syracuse, New York, has ordered lawyer Spencer Sheehan, known for filing numerous food and beverage labeling lawsuits, to provide an explanation for his actions in a proposed class action against Starbucks. U.S. District Judge Frederick Scullin criticized Sheehan for bringing a “frivolous” case that did not meet the necessary pleading requirements for such claims. Sheehan has faced warnings and threats of sanctions in the past for similar lawsuits.
Judge Scullin dismissed Sheehan’s case against Starbucks, which alleged that the coffee company’s French roast ground 100% Arabica coffee did not meet the claimed 100% ground coffee status due to the addition of potassium. Sheehan’s lawsuits, according to Scullin, consistently fail to meet the requirements for such claims. Sheehan and Starbucks have yet to provide comments on the matter.
Judge Scullin has ordered Sheehan to present a defense by July 28, explaining why he should not face sanctions for violating a federal court rule that prohibits lawsuits lacking any chance of success. Sheehan, known as the “vanilla vigilante,” has filed over 500 lawsuits between January 2020 and April 2023, targeting various food and beverage companies. He has faced potential sanctions in another case involving Walmart mayonnaise, with a federal judge describing him as a “wrecking ball” burdening others with attorney fees. Sheehan’s cases have gained notoriety for their lack of success and short lifespans in court. Among his cases, he has claimed Kellogg’s Fudge Mint cookies, and frosted chocolate fudge and strawberry Pop Tarts misstate their true ingredients, Apple’s iPhone water resistance claims are misleading, and mayonnaise sold by Walmart Inc contained too little olive oil.