That vegan milk upcharge brings a latte of complaints
Should the lactose intolerant have to pay more for their oat milk lattes? The question sounds like fodder for “Saturday Night Live.” But the issue is real.
In late December, 10 plaintiffs who are lactose intolerant or have milk allergies filed a class action suit alleging that Dunkin’ discriminates against them by charging extra — by as much as $2.15 on a single drink.
Considering that the lactose tolerant are already paying a ridiculous amount for the elaborate coffee drinks to which we’ve all apparently become hostage, the surcharge lands hard.
The suit, filed in US District Court in the Northern District of California, asserts that there is “no material difference between the costs of regular milk and Non-Dairy Alternatives” and claims that Dunkin’ has unjustly enriched itself off the backs of the lactose-challenged — to the tune of $250 million.
A check of local outlets found that around here the upcharge is often 50 cents, but depending on the drink and the location, the surcharge could be lower or not levied at all. If you hit a Dunkin’ on Summer Street on the way to your cousin’s to pick up a large macchiato with whole milk, it’s going to run you $5.51 (including tax). But sub in plant-based milk, and you’re looking at $6.05. Dunkin’ has not yet responded to the lawsuit, opposing counsel said, and did not return Globe emails seeking comment.
Lactose can cause significant discomfort for those who can’t digest it. Vomiting, cramps, diarrhea. People with a milk allergy can go into anaphylaxis. Some people are surprised to hear it, but in 2008, when the Americans with Disabilities Act was updated, the conditions were included. That means discrimination against sufferers is prohibited in areas that include public ac
commodations.
A suit alleging similar lactose-related discriminatory actions was filed against Starbucks, in US District Court in Florida in 2022 (with the same law firms representing both the Starbucks and the Dunkin’ plaintiffs). Starbucks is seeking to have the case dismissed, and in its filings, argued, among other things: “The ADA Does Not Require a Public Accommodation to Offer Accessible Goods or Sell Them at the Same Price as NonAccessible Goods.”
Even so, following pressure from vegans, environmentalists, the lactose intolerant, and others over the past couple of years, Starbucks has begun to drop surcharges on vegan milk in the United Kingdom, France, and Germany.
Back in the United States, despite federally recognized health issues, society has become so polarized that even plant-based milks are imbued with political leanings, and in this case, the vibe is rich liberals who enjoy lording their healthy eating habits over the rest of us. Gwyneth Paltrow on a detox.
Somewhere between 12 percent and 48 percent of the US population is lactose intolerant, according to the legal filings, so it’s not some fringe problem. But when I mentioned the lawsuit to a friend who always takes the side of the little guy, to my surprise she seemed annoyed, as if people who ordered fancy coffee drinks deserved whatever they got. “It almost makes me feel sorry for the conglomerate,” she said.
The plaintiffs, perhaps wary of a judge with just this attitude — or of one who makes her coffee at home, and hence would not understand what it means to need your Dunks — are demanding a trial by jury.
If the case goes to trial, that means, of course, that the judge and lawyers would question prospective jurors to suss out biases either for or against Dunks — a voir dire made for cable news.
When you punched the wall after Dunkin’ eliminated the free birthday drink, how pissed was your girlfriend?
Have you learned of the loss of a loved one while in the drive-thru, but proceeded to pickup anyway?
Are shorts appropriate blizzard attire?
Have you ever bought your niece a Dunkin’ gift card but spent the entire thing before you gave it to her?
Have you ever left the state of (whichever state you live in)?
Given the role coffee has come to play in our world, the stakes, as articulated by the plaintiffs, are high. Per the complaint: “Drinking beverages, including coffee drinks, is a major life activity,” it alleges. And: “Digestion is a major and vital life activity.”
One of the plaintiffs is from Massachusetts (of course), and the role Dunkin’ plays in her life is made clear in the complaint. She “has consumed Dunkin beverages at various Dunkin retail outlets in Massachusetts,” it reads, “and plans to continue to do so in the future.”
(Italics added by a Globe reporter to emphasize Dunkin’s grip on the Massachusetts psyche.)
The suit, which also claims that Dunkin’ is violating multiple state antidiscrimination laws, is big news in alternativemilk circles. “Could this lawsuit against Dunkin’ finally end vegan milk surcharges?” read the hopeful headline in VegNews.
“Pressure has been mounting on restaurants, including Starbucks, to scrap their extra charges for non-dairy milk,” Business Insider reported on Dec. 31, 2021. “Many activists, including animal-rights group
PETA, have cited the ethical and environmental implications of the dairy industry.”
The plaintiffs and the putative class members are seeking damages of no less than $5 million. In cash, presumably, not gift cards.