Dunkin’s Alternative Milk Fee Not Discrimination, Court Says

Dunkin’ Donuts didn’t discriminate against people with lactose intolerance with its now-retired upcharge on non-dairy alternatives such as soy or almond milk, a federal judge held.

Dunkin’ charged “the same price to all customers to substitute a non-dairy alternative in their drinks, regardless of disability,” Judge Susan Illston wrote in a Monday order for the US District Court for the Northern District of California.

Illston threw out a case brought by customers with lactose intolerance, who said Dunkin’s charge of up to $2.15 for alternative milks is a “‘surcharge’ targeted to people who are disabled.’”

But they didn’t plausibly allege ...