Asian restaurant chain P.F. Chang’s has been sued by California resident Anna Marie Phillips, who believes the surcharge on the restaurant’s gluten-free menu discriminates against consumers with celiac disease and violates the Americans with Disabilities Act.
Phillips also claims surcharges are added to foods that are naturally gluten-free.
Eater reports that the lawsuit seeks an injunction to stop the restaurant from imposing the surcharge of an additional dollar per item. The lawsuit also seeks restitution for previously paid surcharges and compensatory damages.
A spokesperson for P.F. Chang’s stated that the surcharge is necessary because gluten-free ingredients are more expensive and dedicating kitchen space and utensils for gluten-free food preparation costs more than running a normal kitchen.
A court hearing has been tentatively set for May, according to the Nation’s Restaurant News report.
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