Dunkin’ Lawsuit: Is It Discriminatory to Have a Non-Dairy Milk Surcharge?

Dunkin' is facing a lawsuit for charging extra for plant-based milk in its beverages, with plaintiffs claiming that this surcharge discriminates against people with lactose intolerance, which they argue is a disability under the Americans with Disabilities Act (ADA). The lawsuit seeks $5 million in damages on behalf of all Dunkin' customers who opt for dairy alternatives. The plaintiffs argue that the surcharge for non-dairy milk violates anti-discrimination laws and they claim that lactose intolerance and milk allergies are considered disabilities, affecting a significant portion of the population.

The lawsuit cites the ADA, stating that public entities like Dunkin' must make reasonable modifications to their rules or practices to allow people with disabilities to afford their goods or services without being charged extra. This lawsuit not only aims to recover expenses but also to eliminate the surcharge on plant-based milk options, with other coffee companies potentially facing similar lawsuits. Businesses like Blue Bottle and Philz Coffee are already offering non-dairy milk options for free, setting a precedent for others to follow suit.