Starbucks Accused of Violating ADA With Certain Surcharges
A coffee drink in the mobile pickup area at a Starbucks location in New York, US, on Thursday, Aug. 17, 2023. Starbucks Corp. spending billions of dollars to shave seconds from the process of making nearly everythingrevamping how it brews each cup of coffee, whips up Frappuccinos and blends the wildly popular cold foam. Photographer: Gabby Jones/Bloomberg via Getty Images
Starbucks is headed to court after several customers accused the corporation of violating the Americans With Disabilities Act (ADA).
The chain is said to have discriminated against consumers with lactose intolerance or dairy allergies by charging approximately 50 to 80 cents extra per drink for non-dairy milks such as oat milk, almond milk, soy milk, or coconut milk, and three California residents are launching a class action lawsuit as a result.
Maria Bolliger, Dawn Miller and Shunda Smith are all unable to consume dairy-based milks, suffering stomach pain, digestive tract inflammation, bowel irregularities and/or vomiting if they do. The three launched a $5-million suit in the U.S. District Court in Fresno due to Starbucks' available accommodations costing extra.
Adam Cyr, a U.S. Justice Department spokesman, told the LA Times that the ADA requires reasonable modifications to be offered by every business in order to accommodate people with disabilities, which includes food allergies that "substantially limit a major life activity, such as eating, or a major bodily function, such as digestive function.”
According to the lawsuit, “Starbucks created a separate, higher-priced menu, aimed at customers who cannot ingest milk.”
“This is a choice for Starbucks to offer oat milk and almond milk,” Keith Gibson, one of the attorneys representing Bolliger, Miller and Smith, said. “For these people, it’s not a choice since they can’t drink regular milk. Charging a surcharge is discrimination against them.”
The suit also alleges that the cost of milk and its non-dairy alternatives are comparable, as whole milk costs 3 to 5 cents per fluid ounce, while oat, soy and almond milk range between 4 to 7 cents.
The company declined to comment on the lawsuit when reached by the publication, but compared the milk alternatives to other drink customizations like espresso shots and syrup, and said customers can add four ounces of non-dairy milks at no charge or redeem rewards points for substitutes.
The suit mirrors a similar one in Florida in 2022, also represented by Gibson. The attorney declined to confirm if a settlement had been reached, but that case only affected Florida residents, whereas the California case is said to have nationwide implications.
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