A group of California residents has initiated a $5 million class action lawsuit against Starbucks, alleging discrimination against lactose-intolerant customers. Maria Bolliger, Dawn Miller, and Shunda Smith claim that Starbucks violates the Americans with Disabilities Act (ADA) by charging extra for nondairy milk options, which is more prevalent in expensive cities like San Francisco and New York City, where alternatives such as oat, almond, coconut, and soy milk can increase a customer's bill by up to 90 cents. The lawsuit argues that Starbucks adds a surcharge to these products despite comparable milk costs, resulting in an additional charge of 50 to 80 cents when substituting 2% milk with a lactose-free option. While dairy products cost between 3 and 32 cents per fluid ounce, lactose-free alternatives like soy, coconut, almond, and oat milk typically range from 4 to 7 cents per fluid ounce.
The plaintiffs estimate that Starbucks has earned over $1 billion in the United States from this discriminatory surcharge during the class period. Lactose intolerance, affecting 30 to 50 million Americans, is defined by the ADA as a disability causing digestive issues and inflammation. Keith Gibson, one of the attorneys representing the plaintiffs, argues that Starbucks' practice of charging a surcharge for nondairy milk discriminates against lactose-intolerant individuals who cannot consume regular milk. Gibson previously handled a similar case against Starbucks in Florida and suggests that this new lawsuit, filed in the U.S. District Court in Fresno, California, could have nationwide implications. U.S. Justice Department spokesman Adam Cyr emphasizes that the ADA mandates businesses to make reasonable adjustments to their policies to accommodate customers with disabilities.
In response to inquiries from Fox News Digital, a Starbucks representative provided a statement indicating, "We are unable to offer comments regarding ongoing legal proceedings. Within U.S. Starbucks outlets, customers are afforded the option to incorporate up to four ounces of non-dairy milk into Hot or Iced Brewed Coffee or Tea, Cold Brew, and Americano beverages at no extra charge. Furthermore, Starbucks Rewards members have the option to redeem 25 Stars to substitute non-dairy milk in any beverage not included in the standard recipe. Additionally, customers have the flexibility to personalize any beverage from the menu with non-dairy milk for an additional fee, akin to other customization options such as extra espresso shots or syrup (pricing varies depending on the market)."
Member discussion: