Dunkin’ Sued for Upcharging Non-Dairy Milk Alternatives
Surcharges on soy, oat, coconut or almond milk options are up to 40% of the average $3.25 drink price at Dunkin', the suit alleges
Published 12/27/23. Rocio Fabbro, the Messenger
Dunkin’ is being sued by customers for charging extra for non-dairy milk substitutes.
Dunkin’ customers allege that the additional cost for non-dairy alternatives, which ranges from 50 cents to $2.15 depending on the date and the location of the store, is a violation of the Americans with Disabilities Act and state-level anti-discrimination laws, in a class-action lawsuit filed by 10 plaintiffs in federal court in the Northern District of California.
The suit alleges that the surcharges on soy, oat, coconut or almond milk options are up to 40% of the average $3.25 drink price at the coffee chain. Given that milk is not the only ingredient in a Dunkin’ beverage, the lawsuit claims the surcharge could be as high as 200% in relation to the price of milk.
According to the lawsuit, Dunkin’ substitutes whole milk or fat-free skim milk for the standard 2% milk found in its drinks at no extra charge. It also modifies drinks based on customers’ preferences or health needs around caffeine and sugar for no additional cost.
Dunkin’ discriminates against those with lactose intolerance and milk allergies, both of which are disabilities, and unjustly enriches itself by upcharging for non-dairy alternatives, the lawsuit alleges. Dunkin’ has earned more than $250 million “as a result of its discriminatory and illegal levying” of the surcharge, according to the suit.
Anywhere from 30 million to 50 million Americans are lactose intolerant, according to the Boston Children’s Hospital. Recent studies have found approximately 36% of people in the U.S. have some form of lactose intolerance, and the lawsuit claims that percentage may actually be as high as 48%.
The plaintiffs claim that as a result of their lactose intolerance, they are "substantially impaired in several major life activities" and must drink non-dairy beverages to avoid adverse health impacts of the intolerance, including stomach pain and vomiting, but that Dunkin' has forced them to pay a premium to do so.
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