Dunkin Donuts has a 5 million dollar lawsuit for creating a higher priced menu for customers who cannot ingest Milk. Buying a Dunkin drink from the menu that’s, almond, soy milk, or oat milk may pay $2.15 extra. Dunkin Donuts has until March 4 to respond to the complaint.

NBC reports that 5 million, “Is the minimum amount that lawsuits need to seek to fall under the jurisdiction of a district court under the Class Action Fairness Act.”

The Class Action Fairness Act is to amend the procedures that apply to the consideration of interstate class actions to ensure fairer outcomes for class members and defendants.

Chelsea Garland, a lactose-intolerant woman from San Diego, said she joined the lawsuit because she felt it was unjust that she had to pay more for a coffee that wouldn’t; make her sick.

“The Dunkin surcharge for non-dairy milk directly affected me, and I believed it was wrong,” said Garland in a statement 

Mayo Clinic says that for these people with milk allergies the use of non-dairy alternatives in their beverages, “is not a choice.” Having to pay careful attention to the drinks they consume.

“Those with dairy or milk allergies experience an atypical immune system response to such products that can manifest as hives, itching, swelling of the tongue or other symptoms.” the Mayo Clinic says.

The attorneys who are representing 10 plaintiffs who are either lactose intolerant or who have milk allergies argue that this is a form of discrimination. To have to force people to pay extra for non-dairy milk alternatives. They state that this is “Violating the Americans’ Disability Act.” 

Arlene Kant, a founding director of Syracuse University’s disability law and policy program, believes the lawsuit makes a strong case for discrimination under the ADA. 

The ADA, states that “Americans with disabilities act requires public entities to make reasonable modifications” Kant says.

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.

Overall the attorney’s resolution is for Dunkin, who reportedly sells 3 million coffee drinks per day, to modify its beverages at no extra cost. For those seeking drinks with whole milk or fat-free skim milk instead of the standard 2% milk.

Those with milk allergies or are lactose intolerant suffer from effects such as stomach pain, gastrointestinal inflammation, bowel issues, bloating, and vomiting if they consume dairy products. 

At least 12% of the population nationwide suffers from lactose intolerance, while 15 million people in the U.S. have a milk dairy allergy.

Like everyone else whose coffee contains dairy milk, these people want to enjoy a Dunkin Donuts beverage. It was not a choice to have this ailment. They get an alternative that they can drink without harming themselves; they are not voluntarily selecting a different flavor or type of milk.