A class action lawsuit has been filed against Dunkin over discrimination against individuals with lactose intolerance and milk allergies. Plaintiffs allege that Dunkin’s practice of imposing hefty surcharges, exceeding a dollar in some cases, for non-dairy milk alternatives, may not accurately reflect the actual cost of these alternatives, leading to accusations that Dunkin might be profiting from those with specific dietary needs.
Is it illegal discrimination to charge extra for almond milk?
— Rob Freund (@RobertFreundLaw) December 27, 2023
Lactose-intolerant consumers who sued Dunkin Donuts in a class action today say it is.
They claim the $0.50-$2.15 extra charge violates the ADA, because "there is no material difference between the price" of regular… pic.twitter.com/rOBmCzU0xU
Legal experts from ClassAction.org assert that both lactose intolerance and milk allergies fall within the purview of the Americans with Disabilities Act (ADA). The ADA defines disabilities as conditions that substantially limit major life activities, encompassing functions like digestion. Establishments classified as places of public accommodation, such as restaurants, are prohibited from imposing surcharges on disabled individuals for necessary accommodations.
To the people who are arguing “plant milks cost more”….
— Football & Money (@nextmediaxyz) December 27, 2023
If you own a physical shop ADA laws would require you to build a ramp or elevator as another option for stairs even if costs money to do. Why are ingredients any different?
Attorneys argue that Dunkin’s non-dairy milk surcharge, aside from potential illegality, appears disproportionate. The cost differential between cow’s milk and milk alternatives is deemed insufficient to justify surcharges ranging from 0.25 to over $1.00 per drink.
Wait… so they’re saying if you prefer almond milk you’re disabled? https://t.co/HD2RX1ZGUd pic.twitter.com/ssyXIS9Mlk
— 𝗥𝗢𝗖𝗞𝗬 (@TheWarKitchen) December 27, 2023
This investigation draws parallels with a similar case involving Starbucks, which faced legal action over comparable non-dairy milk upcharges.
Information for this story was found via Class Action Org, Rob Freund on X, and the sources and companies mentioned. The author has no securities or affiliations related to the organizations discussed. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.