A group of customers who are lactose intolerant have taken legal action against Dunkin'. They claim that the popular coffee and donut chain charged them too much for products that don't contain dairy.
This lawsuit, which is 25 pages long, was filed in December at the U.S. District Court in Northern California. The customers are seeking damages of at least $5 million.
Dunkin' Sued for Overcharging Non-Dairy Milk Options
In the lawsuit against Dunkin', the plaintiffs stated they were charged an extra $2.15 for drinks when they asked for non-dairy alternatives like soy, oat, coconut, or almond milk. The suit highlights that these charges were for drinks that usually include milk.
The lawsuit further notes that while Dunkin' makes changes like removing caffeine from drinks at no extra cost, it doesn't extend this courtesy to customers needing non-dairy options. This is a significant issue for people with lactose intolerance, who can't properly digest lactose, the sugar in milk.
The Mayo Clinic explains that consuming dairy products can cause symptoms like diarrhea, gas, and bloating for these individuals.
The lawsuit against Dunkin' Donuts highlights the health necessity for certain customers to avoid milk in their drinks. According to the legal document, plaintiffs who consume milk or milk-based products suffer from severe health issues like stomach pain, digestive tract inflammation, bloating, bowel irregularities, and vomiting.
The suit points out a disparity in Dunkin's pricing policy, noting that the company does not impose additional charges for modifications like decaffeinated drinks for people with hypertension or sugar-free options for those with diabetes.
However, it charges the same extra fee for all non-dairy milk alternatives, regardless of their actual costs, effectively creating a higher-priced menu for those who cannot consume milk.
Further, the lawsuit argues that lactose intolerance and milk allergies should be recognized as disabilities. It claims that Dunkin's extra charges for non-dairy alternatives violate the Americans with Disabilities Act, amounting to discrimination.
The lawsuit also notes Dunkin's substantial revenue of over $1.4 billion in 2021, suggesting that the company can absorb the costs of offering non-dairy milk alternatives without passing them on to customers.
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ADA and Non-Dairy Surcharge Controversy
In 2020, Starbucks was the subject of a lawsuit for charging additional fees to customers who opted for non-dairy milk alternatives in their drinks. The lawsuit accused the coffee giant of effectively imposing a "tax" on those choosing non-dairy options.
Neither Starbucks nor Dunkin' Donuts were available to comment on the recent lawsuit. The Americans with Disabilities Act (ADA) mandates that public businesses make reasonable changes to their policies or practices if they need individuals with disabilities to access their products and services unless the business can show that such changes would significantly alter its offerings.
Arlene Kanter, who founded the disability law and policy program at Syracuse University, thinks the lawsuit presents a strong argument for discrimination under the ADA. Kanter explains that if someone is recognized as having a disability and is entitled to certain accommodations - like the provision of non-dairy milk in this case - they should not face extra charges.
Kanter further clarifies that allergies and intolerances can be considered disabilities if they greatly limit important life activities. Additionally, protections under the ADA also extend to individuals who either have a history of such disabilities or are perceived to have them, thereby safeguarding them from discrimination.
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