Is that extra charge for non-dairy milk discrimination?

Customers who are lactose-intolerant or have milk allergies may pay $2 extra at Dunkin’ Donuts when substituting oat or almond milk for dairy in their beverages. That’s discrimination, according to a class-action lawsuit filed last month.

“Being able to drink milk is a choice for some people, but it’s not for others. Lactose intolerance is a disability under the Americans with Disabilities Act, as amended,” said Bogdan Enica, an attorney representing the 10 plaintiffs named in the legal complaint.

The complaint, filed in a district court in Northern California, follows a similar class-action lawsuit Enica’s law firm filed against Starbucks in 2022. Enica said Starbucks filed a motion to dismiss the lawsuit, which is pending approval by the court.

Dunkin’ filed a waiver acknowledging the lawsuit Friday and has until March 4 to respond.

Starbucks and Dunkin’ Donuts could not be reached for comment.

The Americans with Disabilities Act (ADA) requires public entities to make “reasonable modifications” to their rules, policies or practices when they are necessary for individuals with disabilities to afford their goods, services, facilities, privileges or advantages — unless the entity can demonstrate that such modifications would fundamentally alter the nature of those goods, services, etc.