Dunkin’ class action claims company adds surcharge for non-dairy milk

Dunkin’ class action lawsuit overview:

• Who: Ten plaintiffs filed a class action lawsuit against Dunkin’ Donuts LLC.
• Why: Dunkin’ imposes a surcharge for non-dairy milk alternatives in violation of the Americans with Disabilities Act, the class action says.
• Where: The Dunkin’ class action lawsuit was filed in California federal court.

Ten consumers with milk allergies and/or lactose intolerance filed a Dunkin’ class action lawsuit alleging the company imposes a surcharge for all non-dairy milk alternatives.

Plaintiffs Chelsea Garland, Tonya Hughes, Natasha Hernandez, Geaneen Cojum, Arsenio Pelayo, Albert Fitch, Pauleen Mara, Lora Premo, Urcelina Medeiros and Ruby Smith allege Dunkin’ charges the same surcharge for all non-dairy milk alternatives without considering the actual costs of the products.

“In fact, Dunkin’ created a separate, higher-priced menu, aimed at customers who cannot ingest milk,” the class action lawsuit alleges.

The plaintiffs note Dunkin’s standard offering for most beverages is 2% dairy milk, but will substitute skim or whole milk at no cost. However, Dunkin’ allegedly fails to offer a lactose-free option at no additional charge.

Instead, Dunkin’ has included a surcharge for non-dairy milk alternatives that range in cost from 50 cents to $2.15, the plaintiffs allege.

Dunkin’ reportedly makes other accommodations for customers at no charge, such as making caffeine-free and sugar-free drinks.

“Dunkin’ advises customers to inform the ‘server’ if there is a food allergy and informs them that their products may contain or may have come in contact with allergens,” the Dunkin’ class action lawsuit says.

“However, they only accommodate those with lactose intolerance or allergies to milk by imposing a surcharge.”

Lack of free Dunkin’ non-dairy milk alternatives violates ADA, plaintiffs say

The plaintiffs explain that lactose intolerance and milk allergies are disabilities that limit the major life activities of drinking and digestion. Consuming products with milk may cause them to experience adverse health effects such as stomach pain, digestive tract inflammation, bloating, bowel irregularities and vomiting.

Dunkin’s alleged failure to offer non-dairy milk alternatives at no cost violates the Americans with Disabilities Act and the laws of various states, the class action lawsuit claims.

The plaintiffs filed the class action lawsuit on behalf of a class of consumers with lactose intolerance or an intolerance to milk-based products who purchased drinks from Dunkin’ within the last four years. They also seek to represent California, Colorado, Hawaii, Massachusetts, New York and Texas subclasses.

Last year, Dunkin’ Donuts reached a settlement with Vapin’ Donuts over the vape manufacturer’s alleged violation of Dunkin’s trademark.

What do you think about the alleged surcharge for Dunkin’ non-dairy milk alternatives? Tell us about it in the comments.

The plaintiffs are represented by Trenton R. Kashima of Milberg Coleman Bryson Phillips Grossman PLLC.

The Dunkin’ non-dairy milk class action lawsuit is Chelsea Garland, et al. v. Dunkin Donuts LLC, Case No. 3:23-cv-06621, in the U.S. District Court for the Northern District of California.

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