Judge Keeps P.F. Chang’s Gluten-Free Upcharge Class Action Alive

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Last week a California federal judge ruled to retain claims against P.F. Chang’s China Bistro Inc. made in a class action lawsuit alleging that the company discriminates against customers with celiac disease by charging extra for gluten free food.

Lead plaintiff Anne Marie Phillips filed her original class action lawsuit in December of 2013, alleging P.F. Chang’s charges $1 extra for its gluten-free meals.

Phillips argues that the extra charge is unfair for customers with gluten allergies whose digestive tracts cannot handle the mixture of proteins found in wheat and related grains. She also alleges that charging extra violates California’s discrimination laws.

P.F. Chang’s asked U.S. District Judge Ronald M. Whyte to dismiss the class action lawsuit arguing that celiac disease should not be considered a disability under California’s discrimination law. Judge Whyte disagreed, ruling that the plaintiff had stated a plausible claim. In the order, Judge Whyte pointed out that P.F. Chang’s routinely alters dishes for other diners, who request them less spicy or without nuts, without adding an extra charge.

“The ultimate question,” wrote the judge in the order, “is whether P.F. Chang’s, in providing gluten-free meals, is providing different products or whether the price differential with regular meals is a pretext for discrimination against those with celiac disease.”

“Accepting plaintiff’s allegations as true,” Judge Whyte continued, “she has stated a plausible claim for relief.”

In January of 2015, P.F. Chang’s successfully moved the class action lawsuit from state court to federal court. P.F. Chang’s was also successful in dismissing the class action initially, but the plaintiff was permitted by Judge Whyte to amend the class action complaint to include a description of the medical impacts of celiac disease.

Further information about celiac disease and its affects were included in an amended complaint, along with the plaintiff’s particular health condition. According to the amended class action lawsuit, impacts of celiac disease include an increased risk for cancer, along with “abdominal pain and cramping, diarrhea, bloating, impaired motor skills, vomiting, nausea, headaches, pins and needles, and fatigue,” in the event the plaintiff or another person with celiac disease ingests gluten.

Judge Whyte noted in his order that no case or regulation has determined whether celiac disease is considered a disability under California discrimination law. “However,” noted the judge further, “accepting the additional detail in the [first amended complaint] about the consequences of ingesting or being exposed to gluten, which plaintiff must guard against, plaintiff has pled sufficient facts to support her claim that she has a disability that impacts a major life activity,”

Phillips is represented by Anthony Joshua Orshansky and Justin Kachadoorian of CounselOne PC.

The P.F. Chang’s Gluten Free Upcharge Class Action Lawsuit is Anne Marie Phillips v. P.F. Chang’s China Bistro Inc., Case No. 5:15-cv-00344, in the U.S. District Court for the Northern District of California.