A potential class-action lawsuit has been filed against Dunkin’ by lactose intolerant customers who claim that the coffee chain’s practice of charging extra for nondairy milk alternatives, such as soy, almond, or oat milk, may constitute discrimination.
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The lawsuit in the U.S. District Court for the Northern District of California represents 10 Dunkin’ customers who purchased beverages with non-dairy milk alternatives between 2018 and 2023 in several states, including California, New York, Texas, Colorado, Massachusetts, and Hawaii. According to legal documents, the plaintiffs suffer from lactose intolerance and milk allergies, making it medically necessary for them to avoid consuming milk-containing drinks. The customers were charged an additional amount ranging from 50 cents to $2.15 for the substitution, depending on the date and location.
The lawsuit seeks damages of at least $5,000,000 and demands a jury trial. Dunkin’ has acknowledged the lawsuit and has until March 4 to respond. The lawsuit points to the “allergen statement” displayed in Dunkin’ stores, which advises customers to inform the barista of any food allergies before placing an order, as reported by ABC News.
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The plaintiffs argue that Dunkin’ accommodates customers with diabetes or those who need to control their weight by modifying beverages at no extra charge. It charges a surcharge for those with lactose intolerance or milk allergies. They claim this violates the Americans with Disabilities Act (ADA) and state anti-discrimination laws.
The ADA requires public entities to make reasonable modifications to their policies or practices to accommodate individuals with disabilities. The lawsuit argues that Dunkin’s practice of imposing a surcharge on customers with lactose intolerance or milk allergies instead of making necessary modifications violates the ADA. The ADA prohibits public accommodations from imposing surcharges on individuals with disabilities to cover the costs of necessary measures.
Dunkin’ has not yet issued a public statement on the matter, and they did not immediately respond to ABC News’ request for comment on the lawsuit.