Dunkin Donuts accused of discrimination for charging extra for non-dairy milk alternatives

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Dunkin' is facing a class action lawsuit asking for at least $5 million in damages from a group of plaintiffs accusing the coffee giant of discriminating against customers who suffer from lactose intolerance and milk allergies by charging them extra for non-diary alternatives.

The 25-page lawsuit, filed in U.S. District Court in Northern California, says when the plaintiffs visited Dunkin’ coffee shops, they "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.’"

It continues to say that Dunkin’ will modify its "regular beverage offerings to remove caffeine or make caffeine-free beverages at no additional charge for persons with a variety of conditions, including hypertension," and will alter the sugar content of drinks "for those persons with diabetes or who need to control weight."

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"Plaintiffs... seek declaratory and injunctive relief to ensure that Defendant charges the same price to lactose intolerant customers and customers with milk allergies for the same menu items as regular customers and that it does not add a Surcharge for Non-Dairy Alternatives such as soy, almond, coconut, oat, or other lactose-free ‘milk," the lawsuit also says.

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Oat- and plant-based milk in general costs more than cow’s milk. In 2022, retail data showed that plant-based milk cost an average of $7.87 a gallon compared to $4.21 a gallon for cow’s milk, said Daniel Gertner, business analyst at The Good Food Institute.

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