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Mystery Item in Starbucks coffee Cup

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Changingtotea

Junior Member
What is the name of your state (only U.S. law)? Colorado

Yesterday, 5/31/2014, I ordered a Starbucks at 7:30 am as I usually do on the way to work. Once I got to work I enjoyed my coffee and while trying to take the last sip, a piece of plastic/metal carton corner fell in my mouth. I choked, spit it out, realized what it was and threw it back in the cup. I took a couple of pictures then took the cup back to Starbucks to have them see it. I have written a letter to corporate, but I was wondering is this something I could sue for?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Colorado

Yesterday, 5/31/2014, I ordered a Starbucks at 7:30 am as I usually do on the way to work. Once I got to work I enjoyed my coffee and while trying to take the last sip, a piece of plastic/metal carton corner fell in my mouth. I choked, spit it out, realized what it was and threw it back in the cup. I took a couple of pictures then took the cup back to Starbucks to have them see it. I have written a letter to corporate, but I was wondering is this something I could sue for?
You would not fare well with a lawsuit. You suffered no injury.

The letter to corporate may get you a coupon or two for free drinks.

You have, by the way, as much of a risk of getting a "mystery item" in a cup of tea as you do in a cup of coffee. And I suggest you don't even THINK about the sort of mystery items you can get in a take-out taco. ;)
 

justalayman

Senior Member
let me just toss this out there:

http://www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/sanitationtransportation/ucm056174.htm

and a couple excerpts:


Defect Levels Handbook
The Food Defect Action Levels
Levels of natural or unavoidable defects in foods
that present no health hazards for humans

Apple Butter

Mold
(AOAC 975.51) Average of mold count is 12% or more

Rodent filth
(AOAC 945.76) Average of 4 or more rodent hairs per 100 grams of apple butter

Insects
(AOAC 945.76) Average of 5 or more whole or equivalent insects (not counting mites, aphids, thrips, or scale insects) per 100 grams of apple butter

DEFECT SOURCE: Mold - post harvest infection. Rodent hair - post harvest and/or processing contamination with animal hair. Whole or equivalent insects - preharvest, and/or post harvest and/or processing insect infestation,
SIGNIFICANCE: Aesthetic

and for all you chocolate lovers:


Chocolate and Chocolate Liquor

Insect filth
(AOAC 965.38) Average is 60 or more insect fragments per 100 grams when 6 100-gram subsamples are examined
OR
Any 1 subsample contains 90 or more insect fragments

Rodent filth
(AOAC 965.38) Average is 1 or more rodent hairs per 100 grams in 6 100-gram subsamples examined
OR
Any 1 subsample contains 3 or more rodent hairs


Shell
(AOAC 968.10-970.23) For chocolate liquor, if the shell is in excess of 2% calculated on the basis of alkali-free nibs
DEFECT SOURCE: Insect fragments - post harvest and/or processing insect infestation, Rodent hair - post harvest and/or processing contamination with animal hair or excreta, Shell - processing contamination
Significance: Aesthetic
 

quincy

Senior Member
Last month, a woman from Dexter, Michigan (Susan Delp) filed suit against McDonald's after biting into a "hard, foreign object" in her breakfast burrito. The object was not identified.

The suit is for violation of consumer laws, violation of food laws, negligence, and breach of warranty.

Delp is seeking $25,000 as compensation for her constant pain and discomfort, emotional distress, mental anguish, disability, and the inability to perform the "activities" she was able to perform prior to the accident (activities, apparently, that involve her mouth :)).
 

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