Business

Dunkin’ charges more for non-dairy milk. That’s discrimination, a new lawsuit says.

The company charges up to $2.15 more for a non-dairy milk replacement, according to the suit, which the plaintiffs claim violates the Americans with Disabilities Act.

Michael Dwyer / AP, File

updated on February 1, 2024

1 minute to read

Dunkin’ is the defendant in a class-action lawsuit in which customers with lactose intolerance or dairy allergies claim that the business’s additional charges for non-dairy milks are discriminatory.

According to the lawsuit, when you go to your local Dunkin’, a surcharge is added for replacing 2% milk, whole milk, or half-and-half with a non-dairy option. These charges range in price, with some locations charging as low as 50 cents while others surpass $2, the suit says.

The lawsuit, filed in December, claims that Dunkin’ is in violation of the Americans with Disabilities Act (ADA). Since an amendment made in 2008, the ADA classifies any food intolerance or allergy as a disability which “substantially limits major life activities.”

The suit alleges that Dunkin’ has made more than $250 million from these non-dairy charges. It has plaintiffs from Massachusetts, New York, California, Texas, Colorado, and Hawaii. Specifically in Mass., the plaintiffs claim the surcharges violate the Massachusetts Anti-Discrimination Law.

In the lawsuit, various claims are made by the plaintiffs that illustrate the additional charges are not due to additional labor by employees or higher milk prices. The plaintiffs say that because non-dairy milk can be the same as — if not less than — the price of dairy milk, the additional charges are “excessive.” Dunkin’ will also make free substitutions for other medical conditions, such as making a caffeine-free or sugar-free beverage, they argue.

According to the lawsuit, Dunkin is “intentionally profiting from the sale of Non-Dairy Alternatives at the expense of those persons with lactose intolerance.”

Dunkin’ is not the first coffee chain to fall under this fire. Starbucks was sued for their non-dairy surcharges in 2022. The company filed a motion to dismiss that is still pending in courts.

Attorneys have concluded their investigation and are now focusing on the lawsuit. According to them, the goal is for dairy-free Dunkin’ customers to receive compensation for the surcharges and to, hopefully, remove the charges altogether.

Dunkin’ did not respond to a request for comment.