(CHICAGO) A week after a California judge threw cold water on a lawsuit claiming Starbucks defrauded customers by adding ice to its cold beverages, the company asked for the dismissal of a similar claim in Chicago.

The Chicago lawsuit, filed in May, claims Starbucks under-fills its iced coffees and teas, noting the stated drink volumes, ranging from 8 to 30 ounces, include ice.

Attorneys for Starbucks filed a dismissal motion Thursday.

Last week in Los Angeles, U.S. District Judge Percy Anderson tossed out the potential class-action lawsuit because a reasonable customer would know a portion of iced coffee or tea would include ice. He also noted they’d be able to see it through the clear plastic cups the beverages are served in. He added even a child would get it.

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