Dunkin’ Donuts Reaches Class Action Settlement over Margarine Spreads

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A settlement has reportedly been reached that, if approved, would resolve two class action lawsuits accusing 23 Massachusetts Dunkin’ Donuts shops of providing margarine spreads instead of butter to customers who asked for a butter spread for their baked goods.

Plaintiff Jan Polanik says he paid 25 cents for butter to use on baked goods purchased at Dunkin’ Donuts, and was shocked to discover that the product he received was actually margarine or another type of butter substitute. According to the Dunkin’ Donuts class action lawsuit, he was not notified that he would receive margarine instead of butter when he made the purchase.

Polanik filed the Dunkin’ Donuts class action lawsuits on behalf of consumers who, between June 24, 2012 and June 24, 2016, ordered a baked good with butter at a Dunkin’ Donuts store owned or operated by certain defendants in Massachusetts, and received margarine or butter substitute even though they were charged for butter.

The Dunkin’ Donuts margarine class action lawsuit asserted claims for unjust enrichment and violations of Massachusetts consumer protection laws.

The Dunkin’ Donuts defendants deny the allegations but have agreed to settle the butter substitute class action lawsuits to avoid the burden and expense of trial.

Under the terms of the proposed Dunkin’ Donuts class action settlements, the donut chain will provide 1,400 vouchers that can be used for the purchase of up to three baked goods. The settlement documents describe “baked goods” as “bagels, muffins, or other baked goods offered at one of Defendants’ Dunkin’ Donuts Stores.”

Notice of the Dunkin’ Donuts class action settlement will be posted at the cash registers and drive-through windows of the defendants’ Dunkin’ Donuts stores within five days after the date of the settlement’s preliminary approval, the butter substitute settlement documents state.

Vouchers that have not been claimed more than 60 days after the court grants final approval of the Dunkin’ Donuts class action settlement will be donated to a homeless shelter or food bank, according to the settlement documents.

The Dunkin’ Donuts defendants have also agreed to end the practice of giving butter substitutes to customers who wanted to purchase a butter spread for at least one year after the settlement’s Effective Date. After one year, the Dunkin’ Donuts defendants may offer butter substitutes as long as their store menus and notice boards indicate that a butter substitute is being offered.

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Polanik is represented by Thomas Shapiro of Shapiro Haber & Urmy LLP.

The Dunkin’ Donuts Butter Substitute Class Action Lawsuits are Jan Polanik v. Boston Hill Donuts LLC, et al., Case No. 1784-CV-00914, and Jan Polanik v. CM&R Donuts Inc., et al., Case No. 1784-CV00915, in the Suffolk County Superior Court, Commonwealth of Massachusetts.