Starbucks is facing a class action lawsuit filed by a group of customers alleging the coffee house giant has been unlawfully charging extra for non-dairy milk and creamers in their beverages.
Named plaintiffs, Maria Bollinger, Dawn Miller, and Shunda Smith, claim that Starbucks' practice of adding a surcharge for non-dairy alternatives is discriminatory towards lactose-intolerant customers and those with milk allergies.
The suit was filed in the U.S. District Court for the Eastern District of California in Sacramento by attorney Trenton R. Kashima, of Milberg Coleman Bryson Phillips Grossman PLLC, of.San Diego. The complaint alleges that Starbucks charged an additional 50 to 80 cents for substituting regular milk with non-dairy alternatives such as soy, oat, coconut, or almond milk.
The plaintiffs argue that this surcharge is excessive and unjustifiable as there is no significant price difference between lactose-containing milks and some non-dairy alternatives. They also point out that Starbucks does not charge extra for other modifications like substituting whole milk or fat-free milk in place of 2% regular milk or making caffeine-free or sugar-free beverages.
The lawsuit accuses Starbucks of violating the Americans with Disabilities Act and California Unruh Civil Rights Act, claiming that lactose intolerance is considered a disability under these laws.
The plaintiffs are seeking to expand the action to include potentially hundreds of thousands of others throughout the U.S. and California who purchased drinks at Starbucks and were charged extra for non-dairy milk and creamers.
They are seeking a court order directing Starbucks to pay unspecified damages, plus attorney fees.