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Dunkin' Donuts is used to fielding lawsuits, like hot drink spills and, recently, exploding toilets. But the outcome of its latest class action lawsuit could trickle down to affect small businesses in the coffee industry and beyond. Talk about spilled milk.
The $5 million lawsuit, first reported by The Independent, claims that surcharging for dairy substitutes like oat and almond milk violates the Americans with Disabilities Act, which states that lactose intolerance is a disability and requires public entities to make "reasonable modifications" to their rules, policies or practices when necessary. Dunkin filed a waiver acknowledging the allegations and has until March to respond, but hasn't commented on the matter. Nearly 50 million Americans are considered lactose-intolerant, according to the Boston Children's Hospital.
When the complaint was filed last month in a Northern California district court, Dunkin charged--and still charges--up to $2 extra for dairy milk substitutes, yet there's no additional charge on sugar-free or caffeine-free alternatives. Indeed, the lawsuit alleges that there are no additional labor costs associated with non-dairy alternatives, and the retail cost is not significantly more than regular dairy products.
Arlene Kanter, the founding director of Syracuse University's disability law and policy, told NBC that the ten plaintiffs in the lawsuit, each with dairy allergies, have a strong case for discrimination. That's because for many coffee-drinkers, a non-dairy option is a medical necessity, not a choice, the lawsuit claims. "If a person qualifies as a person with a disability, and they're entitled to an accommodation or modification-which in this case looks pretty simple as non-dairy milk-they cannot be charged extra," Kanter said to NBC.
The ten plaintiffs in Dunkin's current case are from Hawaii, California, New York, Texas, Massachusetts, and Colorado, and have included discrimination claims from their home states, which means the result could impact non-dairy regulations in multiple states. At least 50 other people have requested to join the case, according to the plaintiff's attorney Bogdan Enica.
So if California courts rule against Dunkin' in this case, it could change the way other local restaurants and coffee shops price their food alternatives. After all, labels warning customers that hot coffee is hot came about after a 1994 McDonald's lawsuit, where a customer suffered third-degree burns from a hot coffee.
Small businesses don't need to have a cow yet, but frustration from the lactose intolerant coffee community has been simmering for years. Starbucks ran into a similar complaint for milk alternative surcharges that gained global attention, urges from PETA, and viral internet coverage on social media, especially TikTok. Extra costs were dropped at locations in the UK, France, and Germany, but Starbucks has otherwise motioned to dismiss the lawsuit and has been awaiting approval since 2022.
And for many more businesses, non-dairy regulations won't be a problem--they've been adjusting operations to fit with emerging milk alternatives for years--from milk-like beverage fads to pea protein dairy products. Some brands, like Caribou Coffee and Stumptown, have gotten rid of vegan milk surcharges, and Blue Bottle has even made oat milk its default dairy option.
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Dunkin' Donuts Facing Lawsuits Over Exploding Toilets and Lactose Intolerant Customers
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24.01.2024
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Dunkin' Donuts is used to fielding lawsuits, like hot drink spills and, recently, exploding toilets. But the outcome of its latest class action lawsuit could trickle down to affect small businesses in the coffee industry and beyond. Talk about spilled milk.
The $5 million lawsuit, first reported by The Independent, claims that surcharging for dairy substitutes like oat and almond milk violates the Americans........
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