Several individuals have filed a Dunkin’ class action lawsuit claiming the company discriminates against lactose-intolerant customers by charging extra money for non-dairy milk options. The coffee chain’s alleged failure to offer non-dairy milk alternatives to customers without cost violates the Americans with Disabilities Act, the lawsuit claims.
Dunkin’ Class Action Lawsuit Allegations
In the lawsuit, a number of plaintiffs allege that Dunkin’ charges the same surcharge for all non-dairy milk alternatives, disregarding the actual costs of the products used in place of regular milk for its products.
“In fact, Dunkin’ created a separate, higher-priced menu, aimed at customers who cannot ingest milk,” the class action lawsuit alleges.
“Being able to drink milk is a choice for some people, but it’s not for others. Lactose intolerance is a disability under the Americans with Disabilities Act, as amended,” Bogdan Enica, an attorney representing the 10 plaintiffs named in the legal complaint, told NBC News.
The lawsuit claims that although Dunkin’ will substitute skim or whole milk at no cost, lactose-free options incur an extra fee that can be anywhere from 50 cents to $2.15 more. Substitutes that result in drinks at Dunkin’ costing more include soy, oat, coconut, and almond milk. The lawsuit alleges that Dunkin’ doesn’t charge extra to make caffeine-free and sugar-free beverages for customers who have conditions like hypertension or diabetes.
“It is medically necessary for persons like Plaintiffs to avoid consuming drinks that contain milk,” the lawsuit states. “Plaintiffs will suffer adverse health effects if they ingest milk or milk-containing products, including stomach pain, digestive tract inflammation, bloating, bowel irregularities, and vomiting.”
Enica told The Independent, “Dunkin’s policy of charging all customers a surcharge for non-dairy milks disproportionately affects persons with lactose intolerance. The only choice for this group of people is to pay the surcharge.”
He told NBC News more than 50 other people who are lactose-intolerant or have milk allergies have contacted him with interest in joining the legal filing.
The class action lawsuit was filed on December 26, 2023, in U.S. District Court in Northern California. It’s seeking $5 million in damages from Dunkin’ on behalf of all of the company’s customers who have requested non-dairy substitutions. The plaintiffs also seek to represent California, Colorado, Hawaii, Massachusetts, New York, and Texas subclasses.
A similar class action lawsuit against Starbucks was filed in 2022. The other coffee chain filed a motion to dismiss the lawsuit, which is pending approval.
If you want to know more about class action lawsuits or have other questions about a case you may need legal representation for, please don’t hesitate to get in touch with the attorneys at Phillips Law Group. Our team can offer you a free, no-obligation consultation if you need assistance with a personal injury case.
And keep an eye on this space for more information on the Dunkin’ class action lawsuit – which has the potential to change how coffee chains charge for non-dairy alternatives for any of your favorite coffee drinks in the future!
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