The lawsuit seeks no less than $5 million for class members who have paid more at Dunkin' for nondairy milk in the last four years.
The complaint alleges that imposing a surcharge for alternative milk violates the Americans with Disabilities Act, citing food allergies as a disability.
Dunkin' filed a motion to dismiss, arguing that the ADA does not require selling accessible goods at the same price as non-accessible goods, warning of broad consequences.
Plaintiffs' 'radical theory' of comparable pricing could lead to significant implications, according to Dunkin's lawyers.
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