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Starbucks is being sued by a group from California who believe that the well-known coffee shop discriminates against its lactose-intolerant customers.

The Los Angeles Times reports that three women: Maria Bolliger, Dawn Miller, and Shunda Smith, are representing a $5 million class action lawsuit. The women claim that Starbucks has violated the Americans with Disabilities Act (ADA) by charging more for non-dairy milk options.

Extra Fee for Lactose-Free Alternatives

Milk options like oats, almonds, coconut, and soy are substitutes for cow's milk that may increase a customer's bill by as much as 90 cents in pricey places like New York and San Francisco.

According to the complaint, Starbucks is raising the price of these drinks even though the cost of the standard milk is the same as the lactose-free alternatives. As a result, Bolliger, Miller, and Smith are forced to spend an additional 50 to 80 cents for their orders to replace the milk with a type that will meet their dietary requirements.

"Upon information and belief, Starbucks has earned over $1 billion dollars in the United States as a result of its discriminatory and illegal levying of the Surcharge during the class period," the complaint notes, as reported by the New York Post.

ADA lists lactose intolerance as a handicap that may lead to gastrointestinal issues such as gas, bloating, indigestion, and vomiting. It impacts 30-50 million people in the United States.

One of the plaintiffs' lawyers, Keith Gibson, said that Starbucks chooses to offer oat milk and almond milk but fails to provide them for free. "For these people, it's not a choice since they can't drink regular milk. Charging a surcharge is discrimination against them."

According to US Justice Department spokesperson Adam Cyr, companies must reasonably adjust their standard practices to accommodate clients with disabilities, as stated in the ADA.

Response From Coffee Shop Franchise

Starbucks spokespersons declined to comment on the ongoing lawsuit but pointed out that in US Starbucks locations, hot or iced coffee or tea, cold brew, and americano drinks may have up to four ounces of non-dairy milk added at no extra charge.

They said that customers also have the option to add non-dairy milk to any beverage on the menu for an extra fee; this is comparable to other beverage modifications such as adding more syrup or espresso shot (price varies by market).