He said his clients’ litigation is similar to one against the restaurant chain P.F. Chang’s. In Phillips v. P.F. Chang’s China Bistro Inc., a California federal judge held in 2015 that the plaintiff had stated a claim under the ADA related to a higher-priced gluten-free menu presented to customers with celiac disease.
“I think that ultimately, we will be able to allege sufficient detail and facts to support lactose intolerance as a disability covered by the by the ADA,” Gibson told the judge.
The suit, filed in December, claims Dunkin’ charged the customers 50 cents to $2 extra for substituting dairy with soy, oat, coconut, or almond options in their drinks.
The 10 named plaintiffs say they are lactose intolerant or have a milk allergy and suffer adverse health effects if they have milk or milk-containing products, including stomach pain, digestive tract inflammation, bloating, bowel irregularities, and vomiting.
They say Dunkin’ will modify its regular beverage offerings to remove sugar or use sugar-free sweeteners at no additional charge for those persons with diabetes or who aim to control weight.
