CANTON, Mass. — A new class-action federal lawsuit accuses Dunkin’ of discriminating against lactose-intolerant and milk-allergic customers by charging them extra for asking for non-dairy additives in their coffee or tea.
The Canton-based coffee chain’s additional $0.50 to $2.15 charge for consumers who ask to substitute regular milk offerings with soy, coconut, oat or almond milk amounts to a violation of the federal Americans with Disabilities Act and several state anti-discrimination laws, according to a lawsuit filed in the Northern District of California.
The lawsuit alleges that Dunkin’ has “created a separate, higher-priced menu, aimed at customers who cannot ingest milk.”
The lawsuit also contends that the costs of the non-dairy alternatives do not justify the alleged surcharges.
“No additional labor costs are associated with using a non-dairy alternative surcharge in a beverage. Additionally, the retail cost of non-dairy alternatives is not significantly more than dairy products,” the lawsuit stated. “For example, as of the filing of this complaint, whole milk was priced at between $0.03-05 per fluid ounce, half & half between $0.09-19 per fluid ounce, and heavy cream between $0.17-32 per fluid ounce. Yet, coconut, oat, and soy milk only sell for between $0.06-07 per fluid ounce. Similarly, almond milk sells for between $0.04-07 per fluid ounce.”
Studies in the United States concluded that the portion of the U.S. lactose intolerant population is at least 12% and may be as high as 48%, the lawsuit noted.
The lawsuit is seeking at least $5 in damages.
Read the lawsuit in its entirety below:
Lawsuit: Dunkin’ discriminating against lactose intolerant, milk-allergic customers by Boston 25 Desk on Scribd
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