A Biggby Espresso location. Public area photograph.

Attorneys representing an Ohio lady have filed a category motion lawsuit towards Michigan-based Biggby Espresso, alleging discrimination by up-charging for non-dairy milks.

The grievance echoes related class motion complaints — in some cases word-for-word — filed towards Starbucks Espresso and Dunkin’ which have moved by means of the courts lately.

Filed this week in U.S. District Court docket, Western Michigan, the lawsuit led by plaintiff Leslie Bower alleges that Biggby Espresso prices a 50 cents to $1 surcharge for non-dairy milks reminiscent of oat, soy, almond or coconut milk. Nevertheless further prices aren’t included for sure different components or substitutions, reminiscent of sugar or synthetic sweeteners, decaffeination or dairy milks of various fats contents, in accordance with the grievance.

The go well with says Bower suffers from lactose intolerance that causes signs reminiscent of bloating, diarrhea, extreme fuel, nausea, stomach ache, cramping and fatigue, and thus have to be cautious to not eat dairy merchandise.

Just like the Starbucks and Dunkin’ fits, the newest lawsuit alleges violations of the People with Disabilities Act, whereas in search of damages on behalf of the category.

Representatives of Biggby Espresso haven’t but replied to DCN’s request for remark. Providing franchising, the espresso chain has swelled to greater than 400 areas since its founding in East Lansing in 1995.

In the meantime, the Starbucks case, filed in late 2022 within the Center District of Florida U.S. District Court docket underneath the identify “Negreanu v. Starbucks Company,” was voluntarily dismissed on June 6 of this yr.

The Dunkin’ case, filed in late 2023 underneath the identify “Garland et al v. Dunkin Donuts LLC” remains to be lively in Northern District of California courtroom.

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