Lawsuit alleges violation of Americans with disabilities act as customers demand equal pricing for non-dairy options

In a legal brew, Dunkin’ finds itself at the center of a $5 million lawsuit over allegations of discriminatory pricing for non-dairy milk options. Customers who opt for oat, soy, or almond milk are claiming they’re forced to shell out as much as $2 extra compared to traditional dairy choices, prompting accusations of violation of the Americans with Disabilities Act.

The lawsuit argues that charging a premium for non-dairy alternatives goes against the spirit of inclusivity, especially for individuals with allergies or lactose intolerance who require these options for medical reasons. The case, filed last month in the US District Court for the Northern District of California, represents 10 Dunkin’ customers who assert that the extra charge for plant-based or lactose-free milk constitutes a surcharge, making it discriminatory.

The legal action spans claims made in multiple states, including California, New York, Texas, Colorado, Massachusetts, and Hawaii. The plaintiffs contend that between 2018 and 2023, they purchased drinks containing non-dairy milk alternatives and were levied an additional fee, ranging from 50 cents to $2.15 depending on the date and location.

The $5 million lawsuit seeks damages and demands a jury trial. Dunkin’ has filed a waiver acknowledging the lawsuit, with a response deadline set for March 4.

The legal filing underscores a discrepancy in Dunkin’s treatment of dietary preferences, pointing out that the company accommodates individuals with diabetes or those needing weight control by modifying regular beverage offerings without an additional charge. However, it alleges that Dunkin’ imposes a surcharge for those with lactose intolerance or milk allergies, deeming it discriminatory.

As the legal battle unfolds, Dunkin’ faces scrutiny over its pricing practices for non-dairy options, with customers demanding equality in access and affordability.