Starbucks is being sued for the third time by a company that accuses the coffee chain of stealing design ideas for its coffee-flavored lipsticks and lip glosses.

The company, Balmuccino, filed the lawsuit on Friday (Aug. 16) in Manhattan federal court.

It comes after a federal judge in Seattle dismissed an earlier version of the lawsuit in July 2023 on procedural grounds, the second time it has been dismissed.

Seattle-based Starbucks had no immediate comment.

Balmuccino said the company began developing the coffee-flavored lip balm back in 2016 and showed Starbucks a prototype product and other confidential information at a meeting in October 2018 at Starbucks' offices in New York.

The Los Angeles-based company says Dr. Oz facilitated the meeting by contacting Starbucks CEO Howard Schultz to suggest a possible joint venture.

Balmuccino claims that Starbucks completely “stole” the lip balm concept it developed for its April 2019 launch of the “S'mores Frappuccino Sip Kit.”

The kits include lipsticks and lip glosses in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam and Marshmallow Glow.

Balmuccino said that Starbucks sold these Sip Kits without any financial compensation to it, so the company is seeking unspecified compensatory and punitive damages.

The company also said its lawsuit is not time-barred because New York allows some plaintiffs to suspend the statute of limitations when they file a lawsuit in the wrong court. And in this case, the court found it lacked jurisdiction.

Balmuccino originally sued Starbucks in October 2019 in Los Angeles.

The case is titled Balmuccino LLC v. Starbucks Corporation, and the case number is U.S. District Court for the Southern District of New York, No. 24-06214.