(NewsNation) — Coffee giant Dunkin’ is being sued for charging customers who opt for non-dairy milk in their drinks, by plaintiffs who say the charge is exclusionary.
The 10 plaintiffs named in the suit are lactose intolerant, making it medically necessary to “avoid consuming drinks that contain milk,” according to the suit filed in Northern California.
“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 plaintiffs in the legal complaint.
Substituting dairy milk with non-dairy alternatives can cost customers anywhere from $0.50 to $2.15, the lawsuit stated.
“Plaintiffs will suffer adverse health effects if they ingest milk or milk-containing products, including stomach pain, digestive tract inflammation, bloating, bowel irregularities and vomiting,” the court documents said.
The lawsuit seeks damages amounting to no less than $5,000,000, and plaintiffs demanded a jury trial.
The Americans with Disabilities Act (ADA) requires public entities to make “reasonable modifications” to their rules, policies or practices when they are necessary for individuals with disabilities to afford their goods, services, facilities, privileges or advantages — unless the entity can demonstrate that such modifications would fundamentally alter the nature of those goods, services, etc.
Dunkin’ filed a waiver acknowledging the lawsuit and has until March 4 to respond.
