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SAN FRANCISCO (AP) — A federal judge is allowing the bulk of a lawsuit accusing Starbucks of systematically under-filling lattes to move forward.

Two California residents are suing the Seattle-based coffee chain, claiming that Starbucks lattes are only filled to about 75 percent of the cup’s capacity. The lawsuit says Starbucks instituted a recipe in 2009 to create smaller lattes in order to save money on milk.

A federal judge in San Francisco has thrown out three of the eight claims filed against Starbucks.

Starbucks spokesman Reggie Borges says in a statement that the company believes the lawsuit is “without merit” and it will be prepared to defend itself in court. He says if a customer is unhappy with their beverage, Starbucks “will gladly remake it.”

FILE – In this this Friday, Jan. 17, 2014, file photo, Starbucks cups are shown mugs in a cafe in North Andover, Mass. A federal judge in San Francisco ruled on Friday, June 17, 2016, that a lawsuit claiming the Seattle-based coffee chain under fills its lattes can move forward. (AP Photo/Elise Amendola, File)
https://www.timesleader.com/wp-content/uploads/2016/06/web1_110986775-2883a12ff0a646ae94c0b24c1998299e.jpg.optimal.jpgFILE – In this this Friday, Jan. 17, 2014, file photo, Starbucks cups are shown mugs in a cafe in North Andover, Mass. A federal judge in San Francisco ruled on Friday, June 17, 2016, that a lawsuit claiming the Seattle-based coffee chain under fills its lattes can move forward. (AP Photo/Elise Amendola, File)

Associated Press