Starbucks Faces Lawsuit Over Extra Charges for Substituting Nondairy Milk

In August 2023, three California women, Maria Bollinger, Dawn Miller, and Shunda Smith, filed a lawsuit against Starbucks in the U.S. District Court for the Eastern District of California. They allege that the coffee giant has been discriminating against customers with lactose allergies by charging them an extra fee for nondairy milk substitutions in their beverages.

Violation of Rights

The lawsuit claims that Starbucks imposes an "excessively high" surcharge ranging from 50 cents to 80 cents for nondairy alternatives, such as soy, almond, coconut, oat, and other plant-based milks, in their coffee-based drinks and other beverages. The plaintiffs argue that this practice violates their rights under the Americans with Disabilities Act (ADA) as lactose intolerance is considered a disability under this law. Additionally, they argue that Starbucks' actions infringed on their rights under the California Unruh Civil Rights Act, which prohibits discrimination based on various criteria, including disability.

Starbucks' Response

A spokesperson for Starbucks mentioned that customers in the U.S. can add up to four ounces of nondairy milk to certain beverages at no additional cost. They also stated that members of the Starbucks' Rewards loyalty program have the option to obtain nondairy milk using points. However, the spokesperson noted that customers can choose to customize any beverage with nondairy milk for an additional charge, similar to other beverage customizations.

Industry-wide Issue

Starbucks is not the only company facing legal challenges regarding surcharges for plant-based milk. Dunkin' was also sued earlier for a similar issue. Furthermore, several other coffee sellers across the country have been criticized for charging extra for nondairy milk.