By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Why tea and hot water burn so quickly
Starbucks describes its stores as selling “handcrafted coffee, tea, and other beverages,” and beverages made up 73% of company-operated store sales in fiscal 2025 (Starbucks 10-K). Starbucks has not published a serving temperature for its tea or hot water in any source we found.
A 2019 review in the Journal of Food Science puts typical tea brewing at 200°F, with the water poured into the cup at 191 to 196°F. Its authors recommend brewing at 195°F and letting the drink cool or be diluted to 130 to 160 degrees Fahrenheit before it is served (Abraham and Diller). Tea also holds its heat: a 2010 study in the journal Burns, using 230 ml ceramic mugs and boiled kettle water, found that black tea and black coffee stayed above 65°C (149°F) after 10 minutes of cooling. The authors reported the potential for a full-thickness burn even after 10 minutes of cooling or after cold milk was added (Burns, 2010).
The federal Consumer Product Safety Commission gives these exposure times for most adults to suffer a third-degree burn from hot water (CPSC Publication 5098):
| Water temperature | Exposure for a third-degree burn (CPSC) |
|---|---|
| 150°F | 2 seconds |
| 140°F | 6 seconds |
| 130°F | 30 seconds |
| 120°F | 5 minutes |
Every row is well below the 191 to 196°F pour temperature the 2019 review describes for tea, and wet clothing holds the liquid against the skin. In two of the cases below, one plaintiff pulled off his sweatpants in a parking lot and another alleges her leggings stuck to and burned her thighs (Fox Business; MyNewsLA, April 2026).
Reported tea and hot water cases involving Starbucks
| Case | Year and place | Drink | Reported result |
|---|---|---|---|
| Garcia | 2020, Los Angeles drive-thru | Three venti teas | $50 million verdict (2025); settled June 2025 (terms not public), dismissed July 2025 |
| Piluyev | 2018, Roseville, Calif., drive-thru | Two teas | Not reported |
| Shabdiz | 2022, Los Angeles | 16-ounce tea | Pending in reports we found |
| Salas-Solano | 2015, Denver drive-thru | 20-ounce tea | Not reported |
| Moltner | 2008, Manhattan | Venti tea, double-cupped | Dismissal affirmed (2010) |
| Shih | Los Angeles County | Tea, double-cupped | Summary judgment for Starbucks affirmed (2020) |
| Cha | 2017, Portland, Ore. | Hot water | Sought $288,000; outcome not reported |
| Rodgers | San Diego County | Hot water | Summary judgment denied, tentative ruling (2023) |
Piluyev. Tommy Piluyev and his family were picking up two Honey Citrus Mint Teas at a Roseville drive-thru while he sat in his SUV. According to the suit, the lid lost its seal during the handoff and the cup overturned on the window sill, pouring tea onto his hands, stomach and pelvic area. Fox Business reported burns to nine fingers and his lower abdomen, thighs and groin, and treatment in the UC Davis Medical Center burn unit (Fox Business); KPRC, citing CBS Sacramento, reported an 11-day stay (KPRC). The September 2020 suit named Starbucks and Pactiv Packaging Inc., which it says supplied the cups and lids.
Shabdiz. Sala Lily Shabdiz, then a 21-year-old USC student, alleges the tea she picked up on Feb. 23, 2022 was heated to more than 200 degrees, and her complaint states, “Neither plaintiff nor her friend ordered their beverages extra hot” (MyNewsLA). Her friend’s cup was double-cupped while hers had only a sleeve, and she alleges the cup bent from the heat and the lid came off when she lifted it from her car’s cup holder at home (MyNewsLA, Jan. 2026). The case was filed in Los Angeles Superior Court in November 2023.
Salas-Solano. Deanna Salas-Solano alleged in a suit filed in Denver that her 20-ounce tea had an unsecured lid and no sleeve, was not double-cupped, and that Starbucks had a written policy to double-cup hot tea. She reported second-degree burns and later skin grafts. Starbucks said, “We have video evidence that clearly contradicts the claims made by the plaintiff and believe they are without merit.” Reporters who viewed the video said it appeared to show a sleeve and a secure lid but was not conclusive (FOX6/Tribune Media Wire).
Moltner and Shih. Both plaintiffs lost after taking the lid off themselves. Rachel Moltner, 76, spilled a double-cupped venti tea while removing the lid and needed a skin graft. The 2nd U.S. Circuit upheld dismissal, writing that “double-cupping is a method well known in the industry as a way of preventing a cup of hot tea from burning one’s hand” (Reuters via Insurance Journal). In Shih, the plaintiff removed her lid, leaned forward to sip, her chair slid and she knocked the tea off the table. The California Court of Appeal held the claimed cup defects were “too remotely connected with [the plaintiff’s] injuries to constitute their legal cause,” while noting a missing sleeve could raise other risks, such as burns from touching or dropping the cup (Shih opinion).
Cha and Rodgers. Philina Cha alleged that a cup of hot water she ordered with a coffee in Portland had no lid or one that did not fit, and the water ran down her leg into her boot, leading to skin grafts. Starbucks said it was investigating the allegations (AP via KOMO). In San Diego, Curtis Rodgers alleged the lid on a cup of hot water he was using for instant noodles fell off as he tilted it, causing third-degree burns, and that the water was heated above 135 degrees. In a tentative ruling, Judge Loren G. Freestone denied Starbucks’ motion for summary judgment, noting “Starbucks does not submit any evidence that it did not overheat the water” (tentative ruling).
The Rodgers ruling drew the line between these cases: unlike Shih, Rodgers had not taken the lid off himself and testified it fell off as soon as he tipped the cup, so the judge’s tentative ruling let the case go on.
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What to keep after a tea or hot water burn
- Every layer of the cup. If the drink was double-cupped, keep both cups. If it had a sleeve, keep the sleeve. Keep the lid separately and do not press it back on. Whether a cup was doubled or sleeved was a central fact in Moltner, Shih, Shabdiz and Salas-Solano.
- The order record. Save the receipt or app order showing the drink, size and any customization. Whether a drink was ordered extra hot came up in the Shabdiz complaint.
- The clothing, unwashed, in a bag.
- Photos of the burn the same day and as it changes.
- A written request to the store to keep its video. Our Starbucks drive-thru and lid page explains how, and the drive-thru burns page covers other chains.
If a child was burned by tea or hot water, read our page on children burned by Starbucks drinks, because the deadlines are different.
Filing deadlines
A burn suit generally must be filed within two years in California (CCP § 335.1) and Texas (CPRC § 16.003), and within three years in Washington (RCW 4.16.080). Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Our main Starbucks burn page covers liability rules, and hot beverage temperatures compares chains, including Peet’s.
Talk to a burn injury lawyer
If a Starbucks tea or hot water burned you or someone in your family, keep the cups and lid and call Beverly Law at (310) 552-6959 for a free consultation in English or Spanish. We handle cases in California and Washington. You owe no fees or costs unless we win. More on our burn injury lawyer page.
Common questions
Is Starbucks tea hotter than its coffee?
Starbucks has not published either temperature in any source we found. The 2019 Journal of Food Science review describes tea water typically poured into the cup at 191 to 196°F.
The barista double-cupped my tea. Does that hurt my case?
It depends on what failed. In Moltner the court treated double-cupping as a known safety method, but a double cup does nothing if the lid was loose or the cup tipped at the window.
I took the lid off to add sugar and then spilled. Do I have a claim?
That is the hardest version of these cases. Moltner and Shih both lost on similar facts. A lawyer would look for something else, such as a cup with no sleeve that was too hot to hold.
Do I need the store's temperature records?
Not to start a claim. Holding temperatures and equipment settings are requested in discovery after a suit is filed.
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Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- Starbucks Corporation, Form 10-K for fiscal 2025 (period ended Sept. 28, 2025): "handcrafted coffee, tea, and other beve (sec.gov)
- Abraham JP, Diller KR, "A Review of Hot Beverage Temperatures," Journal of Food Science 84(8), 2019 (Table 1 typical tea (foodsci.oregonstate.edu)
- Jamnadas-Khoda B et al., "How would you like your tea, vicar?" Burns 36(3):356-9 (2010), cooling of drinks in 230 ml cer (pubmed.ncbi.nlm.nih.gov)
- U.S. Consumer Product Safety Commission, Publication 5098, "Avoiding Tap Water Scalds" (cpsc.gov)
- CBS Los Angeles, Garcia verdict ("medicine ball" teas), March 2025 (cbsnews.com)
- ABC7 Los Angeles, Garcia verdict and Starbucks' plan to appeal, March 15, 2025 (abc7.com)
- Fox Business, Piluyev v. Starbucks and Pactiv Packaging (suit allegations, sweatpants, nine fingers, UC Davis burn unit) (foxbusiness.com)
- KPRC Click2Houston (citing CBS Sacramento), Piluyev, 11 days in UC Davis burn unit, Sept. 21, 2020 (click2houston.com)
- MyNewsLA, Shabdiz v. Starbucks, Jan. 13, 2026 (mynewsla.com)
- MyNewsLA, Shabdiz v. Starbucks, case management hearing ("Neither plaintiff nor her friend ordered their beverages extra (mynewsla.com)
- MyNewsLA, Shabdiz v. Starbucks, April 20, 2026 (leggings stuck to and burned her thighs) (mynewsla.com)
- FOX6 Milwaukee (Tribune Media Wire, citing KDVR), Salas-Solano suit, Denver, Sept. 12, 2017 (fox6now.com)
- Reuters via Insurance Journal, Moltner v. Starbucks, 2nd Circuit, Nov. 3, 2010 (insurancejournal.com)
- Shih v. Starbucks Corp., Cal. Court of Appeal, 2d Dist., Div. 7, No. B299329 (filed Aug. 18, 2020; certified for publica (cases.justia.com)
- AP via KOMO News, Cha v. Starbucks, Portland, Nov. 1, 2019 (komonews.com)
- San Diego Superior Court tentative ruling, Rodgers v. Starbucks Coffee Company, No. 37-2022-00008849-CU-PO-CTL, Judge Lo
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- Los Angeles Superior Court, case summary for Garcia v. Starbucks, No. 20STCV10214 (post-trial motions denied June 4, 202 (cap.lacourt.ca.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.
