Dunkin’ is facing a $5 million lawsuit, with customers alleging that the Massachusetts-based coffee chain discriminates against lactose-intolerant individuals by imposing an extra charge for non-dairy milk.
The complaint, filed on December 26, claims that customers opting for non-dairy alternatives like soy, almond, or oat milk in their Dunkin’ beverages may incur an additional charge of up to $2.15. Attorneys representing 10 plaintiffs, who are either lactose intolerant or have milk allergies, argue that the surcharge for substitutions constitutes discrimination, violating the Americans with Disabilities Act.
The lawsuit contends that Dunkin’, which generated $250 million in revenue between 2018 and 2023, has profited significantly by creating a separate, higher-priced menu targeting customers unable to consume milk. It asserts that there is “no material difference between the price of lactose-containing milks and the price of Non-Dairy Alternatives.”
Dunkin’ has until March 4 to respond to the complaint, according to court records. As of Tuesday, the company had not provided a comment in response , and no attorneys were listed for Dunkin’ in court records.
The class-action lawsuit, filed in U.S. District Court in Northern California, is seeking $5 million in damages from Dunkin’ on behalf of all the chain’s customers who have sought non-dairy substitutions. Between 2018 and 2023, customers requesting substitutes like soy, oat, coconut, or almond milk were charged anywhere from 50 cents to $2.15 extra.
Simultaneously, the complaint notes that Dunkin’ modifies its beverages at no extra cost for those requesting drinks with whole milk or fat-free skim milk instead of the standard 2% milk. It argues that the company similarly waives extra charges for making caffeine-free and sugar-free beverages for individuals with conditions like hypertension or diabetes.
The lawsuit contends that the non-dairy surcharge not only violates federal law but also several state anti-discrimination laws, considering lactose intolerance and milk allergies as disabilities.
“Dunkin’s policy of charging all customers a surcharge for non-dairy milks disproportionately affects persons with lactose intolerance and milk allergies,” said Bogdan Enica, one of the attorneys representing the plaintiffs. He emphasized that for this group of people, paying the surcharge is the only option.
Lactose intolerance affects individuals whose small intestines do not produce enough of an enzyme called lactase to break down and digest the sugar in milk known as lactose. On the other hand, those with dairy or milk allergies experience an atypical immune system response to such products, leading to symptoms such as hives, itching, and swelling of the tongue.
According to the lawsuit, at least 12% of the nationwide population suffers from lactose intolerance, and more than 15 million people in the U.S. have a milk or dairy allergy.
For these individuals, the lawsuit argues that the use of non-dairy alternatives in their beverages “is not a choice,” and they must “pay careful attention to the drinks they consume.”
This legal action adds to Dunkin’s recent challenges, as the company faces criticism over alleged discrimination against lactose-intolerant customers and calls for changes to its pricing policies for non-dairy milk alternatives.