Dunkin’ is facing a class-action lawsuit related to charges for its milk alternatives.

A lawsuit filed this month claims customers who are lactose-intolerant or have milk allergies may pay up to $2 extra at Dunkin’ Donuts when substituting oat or almond milk for dairy in their beverages. The upcharge, says the lawsuit, is discrimination, reports NBC News.

“Being able to drink milk is a choice for some people, but it’s not for others. Lactose intolerance is a disability under the Americans with Disabilities Act, as amended,” said Bogdan Enica, an attorney representing the 10 plaintiffs named in the legal complaint.

The complaint, filed in a district court in Northern California, follows a similar class-action lawsuit Enica’s law firm filed against Starbucks in 2022. Enica said Starbucks filed a motion to dismiss the lawsuit, which is pending approval by the court.

The lawsuit against Dunkin’ points out that the chain already modified its regular beverage offerings to remove caffeine and sugar at no additional cost for those with diabetes, weight-control issues or hypertension. NBC News reports the lawsuit seeks damages amounting to no less than $5 milion, which is the minimum amount that lawsuits need to seek to fall under the jurisdiction of a district court under the Class Action Fairness Act.