Kit Roberts
Dunkin' is facing a $5 million lawsuit over allegedly charging more for non dairy milks.
If you opt for a non-dairy option such as oat, soy, or almond milk in your drink at Dunkin' rather than cows milk, then you end up paying as much as $2 more for the different milk.
Now, a lawsuit brought against Dunkin' has argued that charging more violates the Americans with Disabilities Act.
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This is because while some people may prefer the taste of a non-dairy option, others cannot drink dairy milk due to an allergy or lactose intolerance.
It's all well and good if this is just choosing between one option or another based solely on taste or preference.
But the suit is arguing that if someone has to choose a certain option due to a medical condition, then it is discriminatory to charge them extra for it.
The suit was filed last month with the US District Court for the Northern District of California and represents 10 Dunkin' customers.
These customers claim that they bought drinks which 'contained non-dairy milk alternatives' between 2018 and 2023, and that they had to pay a 'surcharge' for either 'plant-based or lactose-free milk'.
This suit covers claims made in California, New York, Texas, Colorado, Massachusetts and Hawaii.
It also details how the plaintiffs in the case all have a medical need 'to avoid consuming drinks that contain milk'.
The $5 million filing states that depending on the date and the location the customers were charged anything between 50 cents and $2.15 extra for non dairy options.
The lawsuit has said it is seeking damages which will be no less than $5 million, with plaintiffs also demanding a jury trial.
Dunkin' has since filed a waiver which acknowledges the lawsuit, and the company has until March 4 to respond.
The suit said: "Dunkin will modify its regular beverage offerings to remove sugar or use sugar-free sweeteners at no additional charge for those persons with diabetes or who need to control weight," the lawsuit states. "However, they only accommodate those with lactose intolerance or allergies to milk by imposing a surcharge.
It continued: "There is no expertise or additional work required of Dunkin employees that would substitute whole milk or fat-free milk in place of 2 percent regular milk, or who would make caffeine-free or sugar-free beverages, to also be able to substitute Non-Dairy Alternatives such as soy, almond, coconut, oat, or other lactose-free 'milk' in place of 2 percent regular milk."
UNILAD has reached out to Dunkin' for comment.