Dunkin’ Donuts faces a class-action lawsuit that could put them in hot water.
According to Business Insider, a group of 10 plaintiffs across the U.S. have accused the coffee company of charging an extra $0.50 to $2.15 for non-dairy milk alternatives in drinks per a $5 million class action lawsuit filed last month in the District Court in Northern California.
The plaintiffs — who are lactose intolerant and have milk allergies — have all ordered beverages that contained non-dairy milk such as soy, coconut, or almond milk from Dunkin’ locations since 2018 and suggest that extra charges for the alternatives are discriminatory, citing the Americans with Disabilities Act.
According to ABC News, the plaintiffs paid surcharges in California, New York, Texas, Colorado, Massachusetts, and Hawaii.
"It is medically necessary for persons like Plaintiffs to avoid consuming drinks that contain milk," reads the lawsuit, per Business Insider. "Plaintiffs will suffer adverse health effects if they ingest milk or milk-containing products, including stomach pain, digestive tract inflammation, bloating, bowel irregularities and vomiting."
The suit also states that Dunkin’ doesn’t charge for other accommodations to their customers. For example, the coffee giant won’t charge extra for caffeine-free drinks for individuals with hypertension. The stores also have the option to remove sugar or use sugar-free alternatives at no additional cost for customers living with diabetes.
"Defendant's Surcharge is the same for all Non-Dairy Alternatives, making no distinction among the costs of the various different Non-Dairy Alternatives. In fact, Dunkin created a separate, higher-priced menu, aimed at customers who cannot ingest milk,” says the lawsuit.
In addition to the $5 million in damages, the plaintiffs also demanded a jury trial, per ABC News.
On Friday, the Massachusetts-based company reportedly filed a waiver that acknowledged the lawsuit and has until Mar. 4 to respond.
