Dunkin Facing Lawsuit Over ‘Discriminatory’ Extra Charge for Non-Dairy Alternatives

A proposed class action lawsuit alleges Dunkin has discriminated against lactose-intolerant and milk-allergic consumers by charging extra for substitutions of non-dairy alternatives, including plant-based or lactose-free milk.

Have you had to pay extra for non-dairy milk due to lactose intolerance or a milk allergy? Let us know here.

The 25-page Dunkin non-dairy alternative lawsuit contends that the coffee shop chain’s additional $0.50 to $2.15 charge for consumers who ask to substitute regular milk offerings with soy, oat, coconut or almond milk amounts to a violation of the federal Americans with Disabilities Act and several state anti-discrimination laws given that lactose intolerance and milk allergies are considered disabilities.

The filing contends that Dunkin has created a separate, more expensive menu for consumers who must avoid consuming drinks with cow’s milk and, in the process, profited significantly from its non-dairy alternative surcharge. At the same time, Dunkin allegedly charges nothing for substitutions of whole milk or fat-free skim milk for the standard 2% milk that comes in most beverages, or for modifying drinks to, say, remove caffeine or sweeteners.

“Upon information and belief, Dunkin has earned over $250 million dollars in the United States as a result of its discriminatory and illegal levying of the Surcharge during the class period,” the case alleges.

The lawsuit argues that there exists “no material difference between the price of lactose-containing milks and the price of Non-Dairy Alternatives” that would support Dunkin’s non-dairy substitution surcharge.

The 10 plaintiffs, all of whom are lactose intolerant or allergic to milk, ask the court to ensure that Dunkin, which reportedly sells roughly three million coffee-based drinks per day, charges the same price to lactose-intolerant and milk-allergic customers for the same menu items as regular customers and to do away with the non-dairy alternative surcharge for lactose-free milk.

Lactose intolerance, milk allergies hamper daily life activities, case says

The filing stresses that the plaintiffs and other lactose-intolerant and milk-allergic consumers will suffer adverse health effects should they ingest milk or milk-containing products. These effects can include stomach pain, gastrointestinal inflammation, bowel issues, bloating and vomiting. As a result, proposed class members must “pay careful attention to the drinks they consume,” the case explains.

According to the suit, at least 12 percent of the population nationwide (and potentially as high as 48 percent) suffers from lactose intolerance, and more than 15 million people in the U.S. have a milk or dairy allergy. For these individuals, the case stresses, the use of non-dairy alternatives in their beverages “is not a choice.”

Lactose intolerance occurs when the small intestine does not make enough of an enzyme called lactase. The body needs lactase to break down and digest lactose. A person’s body may stop making lactase after a short-term illness such as an infection or as part of a lifelong chronic disease such as cystic fibrosis.

A dairy allergy, or milk allergy, occurs when the immune system overreacts to the presence of proteins in milk. When a person with a dairy allergy encounters products containing dairy, it results in their immune system overreacting.”

The lawsuit contends that Dunkin’s non-dairy alternative surcharge has “real and practical consequences” for lactose-intolerant and milk-allergic consumers given that they will pay substantially more for coffee-based drinks despite the medical necessity that they avoid lactose. Per the case, there exists no justification for Dunkin to charge extra for milk substitutions, including because no additional labor is required to add a non-dairy alternative to a beverage.

Have you had to pay extra for non-dairy milk due to lactose intolerance or a milk allergy? Let us know here.

Further, the case emphasizes, the cost of non-dairy substitutions—soy, oat, coconut or almond milk—is not significantly higher than the price of dairy products.

For example, as of the filing of this complaint, Whole Milk was priced at between $0.03-05 per fluid ounce, Half & Half between $0.09-19 per fluid ounce, and Heavy Cream between $0.17-32 per fluid ounce. Yet, coconut, oat and soy milk only sells [sic] for between $0.06-07 per fluid ounce. Similarly, almond milk sells for between $0.04-07 per fluid ounce. Accordingly, the retail price of Whole Milk, Half & Half, and Heavy Cream (which is provided for free by Defendant) is the same, if not more, than their Non-Dairy Alternatives.”

Ultimately, Dunkin’s non-dairy alternative surcharge does not defray the added costs of using the ingredients, the lawsuit summarizes.

“Instead, the Surcharges are designed to profit from those consumers with lactose intolerance and milk allergies,” the complaint alleges. “Indeed, only Non-Dairy Alternative [sic] incur a surcharge, when cream may be more expensive than any other Non-Dairy Alternative.”

Who’s covered by the Dunkin non-dairy alternative lawsuit?

The case looks to represent all consumers nationwide who suffer from lactose intolerance, or an intolerance to milk or milk-containing products, and bought drinks or other items from Dunkin within the last four years.

I have been charged extra for non-dairy alternatives at Dunkin. How do I join?

There’s typically nothing you need to do to join, sign up for, or add your name to a proposed class action lawsuit when it’s initially filed. It’s usually only if and when a case settles that a person covered by the suit, called a “class member,” would need to act, generally by filling out and filing a claim form online or by mail.

ClassAction.org will update this page with developments on the Dunkin non-dairy alternative lawsuit as it progresses through the legal process. 

Have you had to pay extra for non-dairy milk due to lactose intolerance or a milk allergy? Let us know here.