Three lactose-intolerant women are steamed over a surcharge for nondairy milk substitutions in Starbucks beverages.
California residents Maria Bollinger, Dawn Miller and Shunda Smith filed a lawsuit earlier this month in the U.S. District Court for the Eastern District of California, alleging the coffee giant discriminated against customers lactose allergies by charging them an extra fee for nondairy alternatives to its coffee-based drinks and other beverages.
"Starbucks charges customers with lactose intolerance and milk allergies an excessively high Surcharge to substitute Non-Dairy Alternatives in its drinks," according to the complaint, which seeks restitution as well as monetary damages.
The "excessively high" fee alleged in the suit involves a surcharge ranging from 50 cents to 80 cents on Starbucks beverages that contain nondairy, lactose-free options, such as soy, almond, coconut, oat and other plant-based milks.
Lactose intolerance, which impacts 30 million to 50 million Americans, is now considered a disability according to the Americans with Disabilities Act (ADA). The plaintiffs argue that Starbucks violated their rights under the ADA and California Unruh Civil Rights Act by charging extra for plant-based milks in their beverages. The California Unruh Civil Rights Act prohibits businesses from discriminating against residents based on age, race, sex, disability, and other criteria.
Starbucks has refrained from commenting on the ongoing legal proceedings. However, the company mentioned that domestic customers can enjoy nondairy options at no additional cost.
"In U.S. Starbucks outlets, customers can enhance their hot or iced brewed coffee or tea, cold brew, and Americano beverages with up to four ounces of nondairy milk at no extra charge," a Starbucks spokesperson stated.
Members of the Starbucks' Rewards loyalty program also have the option to use points to acquire nondairy milk when it is not a standard ingredient.
"Moreover, customers have the choice to personalize any beverage with a non-dairy milk from the menu for a supplementary fee. This is akin to other beverage customizations like an extra espresso shot or syrup," the Starbucks spokesperson added, mentioning that pricing differs by location.
Starbucks is not the sole restaurant chain facing criticism for imposing charges for plant-based milk. Dunkin' in January faced a similar lawsuit, and several other coffee vendors across the nation are also being called out for charging extra for nondairy milk options.
