Dunkin’ faces potential lawsuit over alleged discriminatory nondairy upcharge

Lactose intolerant coffee drinkers who opt for nondairy alternatives like soy, almond or oat milk in their drinks at Dunkin’ may pay as much as $2 more for the alternatives, which a new potential class-action lawsuit claims could constitute discrimination.

The suit, filed last month in the U.S. District Court for the Northern District of California, seeks class certification and represents 10 Dunkin’ customers who say they purchased beverages “that contained non-dairy milk alternatives” between 2018 and 2023, and “paid a surcharge” for either “plant-based or lactose-free milk” in California, New York, Texas, Colorado, Massachusetts and Hawaii.

According to legal documents obtained by ABC News, the plaintiffs named in the suit all suffer from lactose intolerance and milk allergies, making it medically necessary “to avoid consuming drinks that contain milk.”

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Paul Weaver/SOPA Images/LightRocket via Getty Images – PHOTO: An exterior view of the Dunkin’ Donuts restaurant in Muncy, Pennsylvania, June 10, 2023.

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