The Legal and Moral Debate on Gluten Free Food Pricing when Dining Out Ep. 161

In this episode of the Healthy Celiac Podcast, host Belinda Whelan delves into the controversial topic of extra charges imposed on gluten-free options at restaurants and cafes. She discusses recent lawsuits against Starbucks and Dunkin Donuts for charging extra for lactose-free milk, and how this could be considered discrimination. The conversation then shifts to the potential class action lawsuit against Chick-fil-A in the USA for charging extra for gluten-free buns.

Belinda explores the potential outcomes of these lawsuits, the impact on the gluten-free community, and the broader implications for businesses globally. She shares her personal experiences and invites listeners to join the conversation about whether businesses should be held accountable for these extra charges.

Belinda also reminds listeners that celiac disease is covered under the Disability Act in several countries, including Australia, the USA, Canada, and the UK. This episode is a must-listen for anyone navigating the challenges of dining out with dietary restrictions. Tune in for more insights on living well with celiac disease. 

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Chapters

• 0:00 Celiac Disease & Restaurant Penalties
• 12:19 Media Frenzy Surrounding Gluten-Free Options

Transcript

Speaker 1: 0:24

Welcome back to this week's episode, where we are talking about how we, as people with celiac disease, are being penalized by restaurants and cafes by charging us extra, and why this might actually be illegal. So recently, starbucks and Dunkin Donuts had lawsuits against them because they were charging an extra amount for people that had a lactose intolerance and charging them more for specialized milks because they couldn't, you know, tolerate the lactose in the standard milk. So they had a lawsuit against them because it is discrimination. So it is classed as discrimination because if you have a medical reason that states that you cannot consume a certain food and you have to have an alternative, you should not be charged extra for it. So this has opened a massive can of worms and there is a company called chick-fil-a, which we don't have here in Australia, but I believe it's massive in the USA, and what's happening is I'm just going to read some information off a class action page and what they are doing is they're trying to work out if a class action lawsuit can be filed on behalf of Chick-fil-A customers who had to pay extra for needing gluten-free buns for their sandwiches.

Speaker 1: 1:53

Now there's a couple of great things that may come out of this, but there's a couple of bad things that may come out of this and I want to talk about it. And I want to talk about the things that we face when we eat out and how we can approach it and how we can emotionally feel about these things as well how we can emotionally feel about these things as well. So, if you think about it, we are, I guess, very happy when we go out for a meal and we can get something gluten-free. So so many people tell me that they go out for a meal and they, you know, they want a hamburger and they can't get a gluten-free bun, so they get charged extra for ordering their burger without the bun. Like to me, that is just insanity and I don't even know how that can possibly be legal. Like it doesn't make sense. They should be giving us a discount because we're not eating their bun. So that in itself is just insane. But when I go out for a meal and there's a surcharge for having to pay for a gluten-free bun, I'm more than happy to pay for it, because I understand that those buns do cost more for that that business to purchase in and for them to have that they're available for us with either celiac disease, gluten intolerance or or a wheat allergy. You know they don't have to have that, but a lot of places are keeping these on hand now so that we've got this option. So I'm more than happy to pay extra. But what the problem is is these businesses are not only charging the amount that it costs them extra to purchase those buttons, they're charging on top of that a surcharge. So in the USA it's actually illegal to do so. So that's why this lawsuit may go ahead and Chick-fil-A might get, you know, a big fee. I guess they might get slammed against them for doing this, for however long they've been doing it for.

Speaker 1: 3:47

So there's two ways that this could go. I think that this could be sorted out where it becomes a flat out rule that gets followed up that no business can charge way above what they're paying for those products to be able to provide, or those businesses will just go. Do you know what? This is too hard and I don't want a lawsuit against me, so I'm just not going to have that option at all. So we will miss out. So we will miss out on having that, that product, available to us, or that food. Rather, it's not even thinking of it like a product is thinking of it as food, that option, that meal when we do, when we do go out to eat, so it could work.

Speaker 1: 4:39

It could work two different ways and it it could be really bad for us, it could really backfire and I would hate to see that happen because I know a lot of you report how hard it is already trying to go out and try and find gluten-free food. So we don't want this to backfire on us. We want this to be a positive outcome. So you know how many other businesses are there aside from Chick-fil-a that I really hope I'm pronouncing that at least close to what it is but how many other businesses are there that are doing this, because it can't just be them? So why are they the ones that are having this lawsuit?

Speaker 1: 5:17

You know, maybe thrown at them? Because I know for a fact, when I've been out for meals and perhaps you know I've had a burger I've sometimes been charged around six or seven dollars more for the bun, and I know for a fact that they are not purchasing that bun for that cost. So that is a massive increase in their profit, which is quite interesting. So you know it's not just this one business that's in America. It is a global thing. It is a global scale that we're talking about, and it does suck that we get penalized. It does completely suck that we have to pay more because, as you know, it's already so expensive to buy packaged gluten-free foods, but we do get penalized again when we go out. So I've always had this mindset of wonderful, there's an option for me. Yes, I've got to pay extra, okay, yes, it sucks a little bit, but I'd rather have the option than not have the option. So I want to kind of throw this to you and I want to have a conversation about this. So leave me a comment below.

Speaker 1: 6:29

If you're on YouTube, and if you are listening to this on the podcast, send me a message over at the Healthy Celiac and let me know what your thoughts are on this. Should these companies be held accountable, and should they only be charging the cost of the bun and not making an extra profit for looking after us? Or, you know, are we going to miss out if this lawsuit goes ahead and they get sued and, you know, have to pay out all this money? Like who does that money then go to? Because they're not going to be able to pay back all their customers. Who does that money then go to? I don't know, maybe they donate it to a celiac organization. Who knows what will happen? But I think that it's going to put a real dampener on our community and I think it may backfire. I'm not sure. I not sure 100%, but I just don't see it becoming a positive outcome. It could be. Let's hope for that, let's hope that it does become a positive outcome, but it might not, because it might scare other businesses to think, whoa, I don't want to be doing the wrong thing here. I'm not even going to offer a gluten-free version of this food in case I get sued as well.

Speaker 1: 7:37

Now, I've talked about disabilities on the show before and explained that celiac disease actually does come under the Disability Act, not only here in Australia, but in the USA, in Canada, even in the UK. So we are protected. We are protected by these disability acts and within the meaning of the ADA. I'm just going to take this off of the Class Action website. A disability is a physical or mental impairment that substantially limits major life activities, such as eating, and major bodily functions, including digestion, including digestion. So the ADA states that restaurants, stores and other places of public accommodation cannot impose a surcharge on individuals with disabilities to cover the costs of measures required to provide them with non-discriminatory treatment. So we are definitely covered. We are covered by those disability acts like. That's very clearly written for those of you that are in the USA.

Speaker 1: 8:36

So you know how do we look at this. Do we look at it and we go, right, this business is charging, you know, extra on top of you their purchase of those buns. So let's just use the bun example. So let's just say they buy a bun for $2 and they sell that for $7. Like that's a really big markup. So do we look at it and we go, okay, well, they've still got to make a profit. Okay, these businesses are there to make a profit. That's what a business is. Otherwise you're a charity.

Speaker 1: 9:08

So how much markup are they putting on a standard bun? So when we look at this as a business so let's just say a cafe or a restaurant they have to mark up what they're purchasing. So obviously they buy in those buns and then they make you a burger and then they need to make a profit on that. So who defines how much profit they're allowed to make? Know, they've got to make a percentage on top of what they are buying that bun in and all those ingredients to make the burger. So how do they define that? You know they can't just say, well, they've bought it for this much and they can't make a profit on it. So who? Who is defining that? That is a ridiculous surcharge or a ridiculous markup. That's where I'd be interested in finding out where they're getting that kind of number from and how that's going to work.

Speaker 1: 9:58

Because if you think about it, you know they buy in, say, a standard burger that's full of gluten. They don't sell that bun for the exact same amount that they purchased it for. They have to make a profit on it, otherwise they're just just a charity. They're not in business to make money then, are they? So it's exactly the same with them buying in a gluten-free bun. They still need to make a profit on it, otherwise why would they do it? Why would they bother carrying that option and having that choice for those of us that have to eat gluten-free? So they probably need to have some parameters around this and how it's going to work. Whether it's a percentage markup, whether it's, you know they can't charge, you know an excess amount. I don't know how it's going to play out.

Speaker 1: 10:42

But I'd just be really disappointed to see if this scared businesses off, because I feel like since I got diagnosed with celiac disease 15 years ago, there are so many more options for those of us that have to eat gluten-free and it would be heartbreaking to see that go backwards. So you know, when I first started eating out it was it was harder than it is now. Absolutely it was so much harder. There were way less options. You may have been able to find one, maybe two options. Sometimes I go out for a meal now and more than half of the menu can be done gluten-free, which is incredible.

Speaker 1: 11:19

So you know, we don't want these companies scared and we don't want them pulling these options from their menu and making it harder for us to try and get a safe gluten-free meal that's not only gluten-free but celiac safe as well. So something to think about there, something to kind of ponder and see how this is going to play out. And you know, like I always say, we need to focus on the good side of this and the positive of being able to get gluten-free food. But but yeah, we don't want to be paying ridiculous amounts. I'm not saying that, you know. I'm happy to just throw my money at these businesses if they're ripping us off, but the fact that there's so many businesses that are happy to carry gluten-free options for us, I think, is amazing.

Speaker 1: 12:07

So, you know, how does that sit with you? How do you feel about this? Is this something that you're like, nah, give us the. You know, how does that sit with you? How do you feel about this? Is this something that you're like, nah, give us the. You know the cheapest option, don't worry about what could happen.

Speaker 1: 12:20

Or is it? Are you feeling a little bit like me as well, that, yeah, this could actually turn pear shape and this could actually backfire? So, like I said, send me a message over at the Healthy celiac on Instagram or, if you're on YouTube, just just write your feedback below. Let me know what your thoughts are and how you feel about this situation, because, yeah, it's, it's an interesting one, and I hate to imagine what the you know the media frenzy around this might look like as well. So I hope that has enlightened you to kind of think about these things and also to help you be extra grateful when you do come across a gluten-free option, when you eat out, and appreciate that those businesses are truly looking after us and most of them are doing the right thing. But, yeah, it'll be interesting to see how this situation plays out. So thank you so much for tuning into today's episode and I look forward to talking with you again on next week's show. Have a great week. Talk to you then. Bye.