Judge Dismisses Starbucks Suit, Says Even Kids Would Get This California man's case alleging misleading beverage sizes: done By Jenn Gidman, Newser Staff Posted Aug 25, 2016 10:21 AM CDT 63 comments Comments A California judge just delivered the equivalent of an eyeroll to a plaintiff who sued Starbucks over its iced beverages. (AP Photo/Ted S. Warren, File) (Newser) – If you don't assume that ordering an iced drink at Starbucks could include an ample amount of ice in that drink, and that said ice will count toward the stated liquid volume of that beverage—well, you're not smarter than a fifth-grader. That's basically the gist of the public lashing directed by a California judge toward Alexander Forouzesh, who sued the coffeehouse chain for misleading consumers about iced beverage sizes because the total ounce count includes the ice and the beverage, not just that of the drink itself, reports the Chicago Tribune. US District Judge Percy Anderson dismissed Forouzesh's case last week, writing in his decision that any "reasonable consumer" would understand that an iced drink would include ice and, therefore, affects its listed volume. And not only any reasonable consumer, but also most kids who've paid attention in science class or ever poured themselves a cold beverage. "As young children learn, they can increase the amount of beverage they receive if they order 'no ice,'" Anderson wrote, adding that "if children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive," Forouzesh and other adults should be able to do the same. Anderson also notes that Starbucks' iced drinks come in clear cups, so customers can see exactly how much ice is held within, per Grub Street. Starbucks isn't off the hook yet, though: There's one other case out of Illinois that's going after Starbucks for the same icy infraction, plus at least two plaintiffs who say the company rips customers off with its hot coffee drinks, too.