Dunkin’ is being sued for $5 million by lactose intolerant customers

A class action lawsuit has been filed against Dunkin’ by a group of customers who suffer from lactose intolerance saying the coffee and donut chain overcharged them for non-diary alternatives, NBC News reported.

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The 25-page lawsuit, filed in December U.S. District Court in Northern California, is asking for at least $5 million in damages.

According to the suit, the plaintiffs “ordered drinks that included milk as part of the regular menu item” and were charged up to $2.15 for them to be made with non-dairy alternatives, “specifically soy, oat, coconut, or almond ‘milk.’”

The suit went on to say that Dunkin’ prepares its “regular beverage offerings to remove caffeine or make caffeine-free beverages at no additional charge.”

The suit alleges that the company will make accommodations for certain customers, but not for ones who suffer from lactose intolerance.

People with lactose intolerance are unable to fully digest the sugar – lactose -- in milk. As a result, they have diarrhea, gas and bloating after eating or drinking dairy products, according to the Mayo Clinic.

According to research from the National Institute of Health, 65% of adults have some form of lactose intolerance.

The lawsuit claims that lactose intolerance is a disability and charging for accommodating people with the disorder is a violation of the Americans with Disabilities Act.

“Being able to drink milk is a choice for some people, but it’s not for others. Lactose intolerance is a disability under the Americans with Disabilities Act, as amended,” said Bogdan Enica, an attorney representing the 10 plaintiffs named in the legal complaint.

Other companies have faced similar suits.

Starbucks was sued in 2020 for imposing a “tax” that charged people extra for seeking non-dairy milk alternatives.

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