GRAND RAPIDS, Mich. (WOOD) — A lactose-intolerant woman who prefers oat milk over cow milk is suing Biggby Coffee, claiming the Michigan-based coffee franchise is enriching itself with an “excessively high surcharge” for non-dairy alternatives.
The federal lawsuit, filed Wednesday in Grand Rapids, accuses Biggby of unjust enrichment and violating the Americans with Disabilities Act by imposing a surcharge of between 50 cents and $1.
Leslie Bower, a woman who has patronized Biggby locations in Ohio and Michigan, has to avoid dairy products due to bloating, diarrhea and excessive gas, according to the lawsuit.
When she visits Biggy locations, she uses non-dairy alternatives, such as oat milk.
And she is hit with a surcharge, which “has real and practical consequences for consumers suffering from lactose intolerance,” according to the 18-page lawsuit.
Non-dairy alternatives to milk that carry a surcharge include oat milk, almond milk, coconut milk and lactose-free milk, the suit says.
“Biggby has earned at least $50 million in the U.S. as result of its discriminatory and illegal levying of the surcharge” over a span of years, the lawsuit says.
The class action complaint contends that Biggby’s “thread of misconduct” has resulted in “injury to all members of the class.”
A message left with Biggby corporate offices in East Lansing on Wednesday was not returned.
Biggby has some 400 coffee stores in at least a dozen states, according to the lawsuit.
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June 20, 2024 at 06:15PM
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Coffee conundrum: Biggby sued over oat milk upgrade - WLNS
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