A United States District Courtroom choose in Northern California dismissed a year-old lawsuit alleging that Peet’s Espresso discriminated in opposition to lactose-intolerant folks by charging extra for non-dairy milks.

The Peet’s order follows two comparable U.S. District Courtroom orders — one in response to a category motion swimsuit in opposition to a Dunkin franchisee, and one other affecting Michigan-based chain Biggby Espresso — in suggesting that espresso chains usually are not discriminating in opposition to lactose-intolerant or milk-allergic prospects, as long as costs for particular person milks don’t differ between prospects.

Within the Peet’s order, Choose Jon S. Tigar  wrote, “Peet’s pricing coverage is facially impartial and applies equally to prospects who usually are not lactose illiberal however favor non-dairy alternate options of their drinks.”

The choose additionally wrote {that a} separate customizations menu inside Peet’s shops — together with costs for various milks, corresponding to oat milk — “doesn’t plausibly replicate any particular intent to focus on people with lactose intolerance or milk allergy symptoms.”

Final month, a federal choose in California dismissed an identical swimsuit that alleged Individuals with Disabilities Act (ADA) violations in opposition to a 10-location Dunkin’ franchisee. The swimsuit, which was introduced forth by the identical legislation agency behind the Peet’s class motion, was dismissed by a special choose on comparable grounds.

Because the lawsuits in opposition to Dunkin’ and Peet’s have been initially filed, Dunkin’ has joined the rising variety of espresso chains to get rid of additional costs for various milks, and Peet’s plans to drop all alt-milk-related surcharges on June 4.

A 3rd federal choose within the Western District of Michigan in February dismissed a milk up-charge class motion swimsuit introduced forth final June in opposition to Biggby Espresso. Attorneys representing the plaintiffs are interesting the choice, in accordance with courtroom information.

There are additionally two separate non-dairy milk lawsuits in opposition to espresso large Starbucks pending in federal courts. Starbucks has additionally dropped milk up-charges since these fits have been initially filed.

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