NEW YORK (CBSNewYork/AP) — A battle is brewing at Starbucks over how much ice the coffee chain uses in its drinks.

A Chicago woman is suing the chain for $5 million, claiming Starbucks overfills cold drinks with ice.

The federal lawsuit was filed on behalf of Stacy Pincus, who claims the company is misleading customers. The lawsuit alleges an iced drink advertised at 24 ounces contains only about 14 ounces of fluid.

Starbucks spokesperson Jaime Riley said Monday that the company considers the lawsuit to be without merit. Riley says customers understand that ice is part of an iced beverage, noting that Starbucks remakes beverages if customers aren’t satisfied.

The lawsuit seeks class-action status, which could allow it to cover customers for the last decade. Among other things, the lawsuit seeks damages, restitution and attorneys’ fees.

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