A $5 million class-action federal lawsuit accuses Dunkin’ Donuts of discriminating against lactose intolerant customers by charging extra for nondairy items such as oat or almond milk to add to coffee or tea as a substitute for milk.
The lawsuit claims the donut shop is violating the Americans with Disabilities Act by charging up to $2 for the items. It does not charge for regular milk additions.
“The Non-Dairy Alternative Surcharge has real and practical consequences for consumers suffering from lactose intolerance and milk allergies,” the lawsuit filed in the Northern District of California states. “A consumer will pay at least $0.50-$2.15 more for a coffee-based drink at Dunkin for Non-Dairy Alternatives. Non-Dairy Alternatives, which do not contain lactose, are medically necessary for individuals with lactose intolerance and milk allergies. For those persons, the use of these Non-Dairy Alternatives is not a choice.”
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