TikTokers Brewing Over Dunkin' Donuts Lawsuit For Non-Dairy Milk Surcharges

They're not exactly crying over spilled milk, but rather the higher fees to replace the milk with a non-dairy substitute.

A $5 million class action lawsuit has been filed against Dunkin' Donuts for discriminating against people who suffer from lactose intolerance or milk allergies. This lawsuit and what it means for not only lactose intolerance but also other issues, such as gluten intolerances, has got TikTok creators talking!

The lawsuit, filed in a district court in Northern California, lists 10 named plaintiffs and alleges that an additional charge of $0.50 to $2.15 for soy, oat, coconut, or almond milk is discrimination against people who suffer with lactose intolerance or milk allergies.

"Being able to drink milk is a choice for some people, but it's not for others," Bogdan Enica, an attorney representing the plaintiffs said, according to NBC. "Lactose intolerance is a disability under the Americans with Disabilities Act, as amended."

The Americans with Disabilities Act states, "A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations."

The lawsuit claims that Dunkin' Donuts provides modifications for other issues at no additional charge, such as caffeine-free options for people with heart conditions and sugar-free options for diabetics.

Many TikTok creators have shared their thoughts on the class action lawsuit. The Lawyer Angela, who has more than 1.7 million followers on TikTok, recently shared some information about the lawsuit.

"Dunkin' Donuts is being sued in a nationwide class action for those extra charges they've tacked on in the last four years for those of you who've ordered coffee and tea-based drinks and have swapped out cow's milk for non-dairy alternatives - soy milk, almond milk, coconut milk, oat milk," she said in her video. "See, these swaps are often made by people who have an intolerance to dairy or a milk allergy, which the lawsuit alleges qualifies as a disability under the Amercian Disabilities Act."

Angela explained that the act requires "reasonable modifications for people with a disability" and said that a surcharge may not be imposed to cover those costs. The lawsuit says that Dunkin' charges $0.50 to $2.15 for the non-dairy alternatives, which can be up to 40 percent of the drink's total cost.

"The lawsuit notes that Dunkin' does make modifications free of charge for other health issues, like making their drinks caffeine-free for people with hypertension, swapping in sugar-free sweeteners for people with diabetes, and the change to skim milk for no extra charge," she continued. "Now if you think this surcharge is because Dunkin's cost to carry non-dairy alternatives is so high, the lawsuit alleges the costs are in the same ballpark."

One viewer wanted to know, "EVERYWHERE charges more for it. Will this lawsuit give way for other companies to be sued for it as well?"

Another wanted to know, "Wait I have celiac and constantly pay $5 extra at restaurants for a gf bun does this apply to me?"

Some people also added that many times they've paid for a non-dairy alternative but know they got regular milk instead, and some even said they've gotten sick from the dairy.

Another TikTok creator, @philhatesgluten, shared his view of the lawsuit and wonders how it pertains to gluten-free options. He stitched Angela's video and added his thoughts.

"That video is super interesting for a number of reasons, but I think the main takeaway for me is why can't we do this for gluten-free?" he began his part of the stitched video. "People have celiac disease, people are allergic to wheat and gluten, people have autoimmune triggers to gluten. Why can't we do it for that? We're doing it for a lactose intolerance, but we can't do it for celiac disease?"

He continued his video stating that he's "pumped up for everyone with a milk allergy or lactose intolerance" and said he's been paying "$1.50 extra for a splash of coconut milk for far too long," but that people who are gluten free sometimes pay up to $7 for something gluten-free.

"I have been saying this for YEARS… almost $30 for a gluten free pizza that is half the size of a large pizza for $10 drives me insane," one viewer wrote in the comments. "I’m gf and dairy free- it’s so expensive and I have no choice!! This is a big moment, and I’d love to see this for gf!" said another.

Another viewer added, "Yes, why should I pay extra for gluten free and dairy free soy free when I’m celiac and dairy makes my throat close up!?! Same with cashew and pecan!!"