Customers who substitute oat or almond milk for dairy in their drinks at Dunkin’ Donuts may be charged up to $2 extra, leading to a class-action lawsuit citing discrimination. This lawsuit was filed last month and is based on the argument that lactose intolerance is recognized as a disability under the Americans with Disabilities Act (ADA), which requires public entities to make reasonable modifications for individuals with disabilities. The attorney representing the plaintiffs also filed a similar lawsuit against Starbucks in 2022.

The filing states that the restaurant chain already modifies its drinks to remove caffeine or sugar for those with health conditions such as diabetes or hypertension without any extra charge. Furthermore, Dunkin’ Donuts asks customers about their allergies, indicating that their products may contain allergens.

According to legal experts, allergies and intolerances can be classified as a disability if they limit a major life activity. In addition, individuals are also protected under the ADA if they are perceived to have a disability. If a person qualifies as disabled and requests a non-dairy drink as an accommodation, the company should not impose a surcharge.

The lawsuit, which also includes claims under state disability discrimination laws, is seeking damages amounting to no less than $5,000,000. More than 50 other people who are lactose intolerant or have milk allergies have expressed interest in joining the legal action against Dunkin’ Donuts.