Lawsuit 'Discriminatory' Gluten-Free Menu

Acg67
Acg67 Posts: 12,142 Member
edited November 11 in Food and Nutrition
Lol
A woman is suing pan-Asian restaurant chain P.F. Chang's over the prices of their gluten-free options. According to Nation's Restaurant News, Anna Marie Phillips believes that the surcharge on the restaurant's gluten-free menu "violates the Americans with Disabilities Act" by forcing those who cannot eat gluten to pay more. Currently, P.F. Chang's charges gluten-free diners an additional dollar per item, compared to the regular versions of the dishes. The lawsuit argues that the pricing discriminates against consumers with celiac disease.

Phillips hopes to bring a class-action lawsuit "on behalf of diners with celiac disease or gluten intolerance who ordered items from P.F. Chang's gluten-free menu." Celiac.com writes that the lawsuit claims that over the past four years, more than 3,000 people in 39 states have been affected by the surcharge. The lawsuit also asks for an injunction against the chain to stop them from continuing to enforce the surcharge, restitution for all surcharges paid, and compensatory damages.

It's been a rough year for the chain: In June, P.F. Chang's confirmed that it was a victim of a data breach and that hackers stole the credit and debit card information of customers. The card info was then sold on an underground website where criminals purchase credit card data.

http://www.eater.com/2015/2/2/7967325/woman-sues-p-f-changs-over-discriminatory-gluten-free-menu
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Replies

  • kungabungadin
    kungabungadin Posts: 290 Member
    O.k. Acg67 I am not sure but are you laughing at the fact she is suing or do you for some reason agree? I am shocked by this and I have a sensitivity to glutenl, but what this women should realize is gluten free usually does cost more anywhere and it is not a matter of discrimation. So if your lol refers to how rediculous her lawsuit is then I am right there with you on that. :) Some people just don't think or they are greedy and are trying to abuse laws to get something for nothing. I don't like paying extra for gluten free either but too bad it is more exspensive. I just cook my own food and try to get as clean as possible. Thanks for sharing the laugh.
  • PRMinx
    PRMinx Posts: 4,585 Member
    Acg67 wrote: »
    Lol
    A woman is suing pan-Asian restaurant chain P.F. Chang's over the prices of their gluten-free options. According to Nation's Restaurant News, Anna Marie Phillips believes that the surcharge on the restaurant's gluten-free menu "violates the Americans with Disabilities Act" by forcing those who cannot eat gluten to pay more. Currently, P.F. Chang's charges gluten-free diners an additional dollar per item, compared to the regular versions of the dishes. The lawsuit argues that the pricing discriminates against consumers with celiac disease.

    Phillips hopes to bring a class-action lawsuit "on behalf of diners with celiac disease or gluten intolerance who ordered items from P.F. Chang's gluten-free menu." Celiac.com writes that the lawsuit claims that over the past four years, more than 3,000 people in 39 states have been affected by the surcharge. The lawsuit also asks for an injunction against the chain to stop them from continuing to enforce the surcharge, restitution for all surcharges paid, and compensatory damages.

    It's been a rough year for the chain: In June, P.F. Chang's confirmed that it was a victim of a data breach and that hackers stole the credit and debit card information of customers. The card info was then sold on an underground website where criminals purchase credit card data.

    http://www.eater.com/2015/2/2/7967325/woman-sues-p-f-changs-over-discriminatory-gluten-free-menu

    I weep for humanity.
  • JoRocka
    JoRocka Posts: 17,525 Member
    PRMinx wrote: »
    Acg67 wrote: »
    Lol
    A woman is suing pan-Asian restaurant chain P.F. Chang's over the prices of their gluten-free options. According to Nation's Restaurant News, Anna Marie Phillips believes that the surcharge on the restaurant's gluten-free menu "violates the Americans with Disabilities Act" by forcing those who cannot eat gluten to pay more. Currently, P.F. Chang's charges gluten-free diners an additional dollar per item, compared to the regular versions of the dishes. The lawsuit argues that the pricing discriminates against consumers with celiac disease.

    Phillips hopes to bring a class-action lawsuit "on behalf of diners with celiac disease or gluten intolerance who ordered items from P.F. Chang's gluten-free menu." Celiac.com writes that the lawsuit claims that over the past four years, more than 3,000 people in 39 states have been affected by the surcharge. The lawsuit also asks for an injunction against the chain to stop them from continuing to enforce the surcharge, restitution for all surcharges paid, and compensatory damages.

    It's been a rough year for the chain: In June, P.F. Chang's confirmed that it was a victim of a data breach and that hackers stole the credit and debit card information of customers. The card info was then sold on an underground website where criminals purchase credit card data.

    http://www.eater.com/2015/2/2/7967325/woman-sues-p-f-changs-over-discriminatory-gluten-free-menu

    I weep for humanity.

    *nods*

    if I cared enough for people like this- I'd weep too- but I suspect we are all going to die shortly anyway- so I wont' waste tears.
  • PRMinx
    PRMinx Posts: 4,585 Member
    JoRocka wrote: »
    PRMinx wrote: »
    Acg67 wrote: »
    Lol
    A woman is suing pan-Asian restaurant chain P.F. Chang's over the prices of their gluten-free options. According to Nation's Restaurant News, Anna Marie Phillips believes that the surcharge on the restaurant's gluten-free menu "violates the Americans with Disabilities Act" by forcing those who cannot eat gluten to pay more. Currently, P.F. Chang's charges gluten-free diners an additional dollar per item, compared to the regular versions of the dishes. The lawsuit argues that the pricing discriminates against consumers with celiac disease.

    Phillips hopes to bring a class-action lawsuit "on behalf of diners with celiac disease or gluten intolerance who ordered items from P.F. Chang's gluten-free menu." Celiac.com writes that the lawsuit claims that over the past four years, more than 3,000 people in 39 states have been affected by the surcharge. The lawsuit also asks for an injunction against the chain to stop them from continuing to enforce the surcharge, restitution for all surcharges paid, and compensatory damages.

    It's been a rough year for the chain: In June, P.F. Chang's confirmed that it was a victim of a data breach and that hackers stole the credit and debit card information of customers. The card info was then sold on an underground website where criminals purchase credit card data.

    http://www.eater.com/2015/2/2/7967325/woman-sues-p-f-changs-over-discriminatory-gluten-free-menu

    I weep for humanity.

    *nods*

    if I cared enough for people like this- I'd weep too- but I suspect we are all going to die shortly anyway- so I wont' waste tears.

    Well I care when prices go up and regulation increases because of frivolous lawsuits. This lady? Don't care 'bout her. She sucks at life.
  • Azexas
    Azexas Posts: 4,334 Member
    This just makes me sad..

    People will sue over anything now. Does she really have a case? she can choose not to eat there? Not sure how the law goes with things like that.
  • lemurcat12
    lemurcat12 Posts: 30,886 Member
    http://www.scefiling.org/filingdocs/194/79560/123710_274263_C.pdf

    If anyone wants to read the Complaint, here's a link.

    I guess if you are bored or just desperately want to have a cause and can find a greedy or pathetic enough lawyer, whatever.
  • JoRocka
    JoRocka Posts: 17,525 Member
    PRMinx wrote: »
    JoRocka wrote: »
    PRMinx wrote: »
    Acg67 wrote: »
    Lol
    A woman is suing pan-Asian restaurant chain P.F. Chang's over the prices of their gluten-free options. According to Nation's Restaurant News, Anna Marie Phillips believes that the surcharge on the restaurant's gluten-free menu "violates the Americans with Disabilities Act" by forcing those who cannot eat gluten to pay more. Currently, P.F. Chang's charges gluten-free diners an additional dollar per item, compared to the regular versions of the dishes. The lawsuit argues that the pricing discriminates against consumers with celiac disease.

    Phillips hopes to bring a class-action lawsuit "on behalf of diners with celiac disease or gluten intolerance who ordered items from P.F. Chang's gluten-free menu." Celiac.com writes that the lawsuit claims that over the past four years, more than 3,000 people in 39 states have been affected by the surcharge. The lawsuit also asks for an injunction against the chain to stop them from continuing to enforce the surcharge, restitution for all surcharges paid, and compensatory damages.

    It's been a rough year for the chain: In June, P.F. Chang's confirmed that it was a victim of a data breach and that hackers stole the credit and debit card information of customers. The card info was then sold on an underground website where criminals purchase credit card data.

    http://www.eater.com/2015/2/2/7967325/woman-sues-p-f-changs-over-discriminatory-gluten-free-menu

    I weep for humanity.

    *nods*

    if I cared enough for people like this- I'd weep too- but I suspect we are all going to die shortly anyway- so I wont' waste tears.

    Well I care when prices go up and regulation increases because of frivolous lawsuits. This lady? Don't care 'bout her. She sucks at life.

    *double nod*
  • Liftng4Lis
    Liftng4Lis Posts: 15,151 Member
    seriously....sigh
  • ashleycde
    ashleycde Posts: 622 Member
    You never see Canadians out there suing places. I accidentally had boiling hot water spilled on my hand at a coffee shop, had a big scar for years, and I didn't go suing anyone over an accident. Has anyone sued Starbucks over charging more for soy or lactose-free milk too? I stopped ordering lattes after they revoked the free milk surcharge for Starbucks card holders, but I didn't go crying about it.
  • goddessofawesome
    goddessofawesome Posts: 563 Member
    lemurcat12 wrote: »
    http://www.scefiling.org/filingdocs/194/79560/123710_274263_C.pdf

    If anyone wants to read the Complaint, here's a link.

    I guess if you are bored or just desperately want to have a cause and can find a greedy or pathetic enough lawyer, whatever.

    Just watch tv during the day and you will see all the ambulance chasing ads because those are the people who are typically watching at that time. (Note: I work from home and on occasion I will watch tv on my lunch). So yeah, they WILL find a greedy lawyer to go forward with the suit.

  • goddessofawesome
    goddessofawesome Posts: 563 Member
    Welcome to America where you can sue over anything and the courts will accept it.

    We need to be more like other countries and if you bring the lawsuit and lose then you have to pay the defendants court fees. That would cut the lawsuits down immensely.
  • extra_medium
    extra_medium Posts: 1,525 Member
    Welcome to America where you can sue over anything and the courts will accept it.

    We need to be more like other countries and if you bring the lawsuit and lose then you have to pay the defendants court fees. That would cut the lawsuits down immensely.

    It would cut them out almost completely, which is not the outcome we should be looking for. Frivolous lawsuits make the news, but they are relatively rare. We don't want to eliminate legit lawsuits because the individual can't afford to pay the giant corporation's court fees should he or she lose.
  • gwensoul
    gwensoul Posts: 87 Member
    edited February 2015
    ashleycde wrote: »
    You never see Canadians out there suing places. I accidentally had boiling hot water spilled on my hand at a coffee shop, had a big scar for years, and I didn't go suing anyone over an accident. Has anyone sued Starbucks over charging more for soy or lactose-free milk too? I stopped ordering lattes after they revoked the free milk surcharge for Starbucks card holders, but I didn't go crying about it.

    The coffee case is one of those that is really misunderstood. McDonalds had over 700 cases of burns and held their coffee at a much higher temp then recommended which caused the lady (who was sitting in a non moving vehicle) to get 3rd degree burns over 6% of her body. If the store had held the coffee at the correct temperature no burns woudl have happened. She originally asked for $20k but was awarded more in punitive damages by the jury, although the final amount was greatly reduced. For comparison, Tim Hortons (in Canada) was sued for $2 million (awarded $70K) over hot potato soup burns. (Laflamme c. Groupe TDL ltée, 2014 QCCS 312)

    Canada doesn’t get a free pass, there are plenty of bad lawsuits out there all over. Less actaully go to court than you think though, anyone can file, but most are dismissed early on.
  • JoRocka
    JoRocka Posts: 17,525 Member
    gwensoul wrote: »
    ashleycde wrote: »
    You never see Canadians out there suing places. I accidentally had boiling hot water spilled on my hand at a coffee shop, had a big scar for years, and I didn't go suing anyone over an accident. Has anyone sued Starbucks over charging more for soy or lactose-free milk too? I stopped ordering lattes after they revoked the free milk surcharge for Starbucks card holders, but I didn't go crying about it.

    The coffee case is one of those that is really misunderstood. McDonalds had over 700 cases of burns and held their coffee at a much higher temp then recommended which caused the lady (who was sitting in a non moving vehicle) to get 3rd degree burns over 6% of her body. If the store had held the coffee at the correct temperature no burns woudl have happened. She originally asked for $20k but was awarded more in punitive damages by the jury, although the final amount was greatly reduced. For comparison, Tim Hortons (in Canada) was sued for $2 million (awarded $70K) over hot potato soup burns. (Laflamme c. Groupe TDL ltée, 2014 QCCS 312)

    Canada doesn't get a free pass, there are plenty of bad lawsuits out there all over. Less actaully go to court than you think though, anyone can file, but most are dismissed early on.

    nope. not buying it.
    you're still an idiot if you spill you're coffee while driving-that's you're fault. it's not like you didn't know it wasn't hot. come on. She's still a nit wit.

    Dunkin's coffee comes out of a nuclear reactor- I know this- and this is why I make sure it and it's lid are firmly secure before I drive off in my car. You shouldn't be able to sue because you have no godda*n common sense.
  • goddessofawesome
    goddessofawesome Posts: 563 Member
    gwensoul wrote: »
    ashleycde wrote: »
    You never see Canadians out there suing places. I accidentally had boiling hot water spilled on my hand at a coffee shop, had a big scar for years, and I didn't go suing anyone over an accident. Has anyone sued Starbucks over charging more for soy or lactose-free milk too? I stopped ordering lattes after they revoked the free milk surcharge for Starbucks card holders, but I didn't go crying about it.

    The coffee case is one of those that is really misunderstood. McDonalds had over 700 cases of burns and held their coffee at a much higher temp then recommended which caused the lady (who was sitting in a non moving vehicle) to get 3rd degree burns over 6% of her body. If the store had held the coffee at the correct temperature no burns woudl have happened. She originally asked for $20k but was awarded more in punitive damages by the jury, although the final amount was greatly reduced. For comparison, Tim Hortons (in Canada) was sued for $2 million (awarded $70K) over hot potato soup burns. (Laflamme c. Groupe TDL ltée, 2014 QCCS 312)

    Canada doesn’t get a free pass, there are plenty of bad lawsuits out there all over. Less actaully go to court than you think though, anyone can file, but most are dismissed early on.

    You are an idiot if you order a HOT coffee and then spill it and sue because it's HOT.
  • lemurcat12
    lemurcat12 Posts: 30,886 Member
    lemurcat12 wrote: »
    http://www.scefiling.org/filingdocs/194/79560/123710_274263_C.pdf

    If anyone wants to read the Complaint, here's a link.

    I guess if you are bored or just desperately want to have a cause and can find a greedy or pathetic enough lawyer, whatever.

    Just watch tv during the day and you will see all the ambulance chasing ads because those are the people who are typically watching at that time. (Note: I work from home and on occasion I will watch tv on my lunch). So yeah, they WILL find a greedy lawyer to go forward with the suit.

    They already have. He's listed on the Complaint I linked.
  • JoRocka
    JoRocka Posts: 17,525 Member
    gwensoul wrote: »
    ashleycde wrote: »
    You never see Canadians out there suing places. I accidentally had boiling hot water spilled on my hand at a coffee shop, had a big scar for years, and I didn't go suing anyone over an accident. Has anyone sued Starbucks over charging more for soy or lactose-free milk too? I stopped ordering lattes after they revoked the free milk surcharge for Starbucks card holders, but I didn't go crying about it.

    The coffee case is one of those that is really misunderstood. McDonalds had over 700 cases of burns and held their coffee at a much higher temp then recommended which caused the lady (who was sitting in a non moving vehicle) to get 3rd degree burns over 6% of her body. If the store had held the coffee at the correct temperature no burns woudl have happened. She originally asked for $20k but was awarded more in punitive damages by the jury, although the final amount was greatly reduced. For comparison, Tim Hortons (in Canada) was sued for $2 million (awarded $70K) over hot potato soup burns. (Laflamme c. Groupe TDL ltée, 2014 QCCS 312)

    Canada doesn’t get a free pass, there are plenty of bad lawsuits out there all over. Less actaully go to court than you think though, anyone can file, but most are dismissed early on.

    You are an idiot if you order a HOT coffee and then spill it and sue because it's HOT.

    HA HA HA HA

    see- two people on MFP agree.

    She's an idiot.

    Clearly we are right.
  • njitaliana
    njitaliana Posts: 814 Member
    I am allergic to wheat, so I have to buy gluten-free products. They cost more! So, they will cost the restaurant more, too. For 30 years, I couldn't eat pasta, pizza or sandwiches/burgers at a restaurant. Now, I finally can, since restaurants are starting to have gluten-free items. I'd rather pay an extra dollar than have the restaurant remove gluten-free items from the menu. That's what this lawsuit will result in, and I'll be back to never having pasta/pizza/sandwiches again. Grrrr.
  • tibby531
    tibby531 Posts: 717 Member
    JoRocka wrote: »
    You shouldn't be able to sue because you have no godda*n common sense.

    I'm sorry, there's too much logic in that statement; it will never go over.
  • fishgutzy
    fishgutzy Posts: 2,807 Member
    but what this women should realize is gluten free usually does cost more anywhere and it is not a matter of discrimation.
    Not "usually." Always.
    Grains containing gluten are improperly subsidized by taxpayers which makes them artificially "cheaper." (It is no coincidence that the foot pyramid that started the massive push to consume more carbs was introduced around the same times taxpayers were forced to start subsidizing grains)
    The big unscientific push for gluten free for everyone also substantially raised demand but not supply. Prices went up. Medically speaking, only those with celiac and other medical conditions like Chrohns gain any real benefit from cutting gluten, and that is what the author of the original study promoting gluten free eating said when he realized he was wrong. (The so-called scientific community refused to publish the retraction because Gluten Free has become huge business.)
  • Le sigh…..
  • terricherry2
    terricherry2 Posts: 222 Member
    Maybe people with genetic predispositions to heart disease and high cholesterol should start suing McDonald's for only serving high salt/fat food (don't know about elsewhere but even the salads in the UK have hideous amounts).

    Or maybe just eat somewhere else if it bothers you that much.
  • JoRocka
    JoRocka Posts: 17,525 Member
    edited February 2015
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    I'd say fining a company for making a mistake is different than rewarding stupidity- which the latter seems to be what happened.
  • gwensoul
    gwensoul Posts: 87 Member
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    She wasn't driving. Common misconception. This was an older lady in the passanger seat and the car was parked while she took off the lid to put in suger and cream.
  • runner475
    runner475 Posts: 1,236 Member
    edited February 2015
    Troutsy wrote: »
    This just makes me sad..

    People will sue over anything now. Does she really have a case? she can choose not to eat there? Not sure how the law goes with things like that.

    P F Chang's lawyers are probably partying right now. It's a dead win plus a free national publicity.
    It will be no brainier for them to prove it does cost more to make gluten free.
  • JoRocka
    JoRocka Posts: 17,525 Member
    tibby531 wrote: »
    JoRocka wrote: »
    You shouldn't be able to sue because you have no godda*n common sense.

    I'm sorry, there's too much logic in that statement; it will never go over.

    heh- probably not for a great many people- but oh well.
  • angf0679
    angf0679 Posts: 1,120 Member
    Yup. Americans like to sue over anything and everything it seems. The sad part will be IF she wins! Gluten free products are going to cost more as they have to be made differently. Why is she just suing the restaurant? Why not sue all makers of gluten free products? They cost more.
  • JoRocka
    JoRocka Posts: 17,525 Member
    gwensoul wrote: »
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    She wasn't driving. Common misconception. This was an older lady in the passanger seat and the car was parked while she took off the lid to put in suger and cream.

    omg- and she sued because she spilled it while sitting in a none moving car??

    I can't even.
  • Acg67
    Acg67 Posts: 12,142 Member
    Maybe people with genetic predispositions to heart disease and high cholesterol should start suing McDonald's for only serving high salt/fat food (don't know about elsewhere but even the salads in the UK have hideous amounts).

    Or maybe just eat somewhere else if it bothers you that much.

    That is the worst idea ever and also would require there to be some evidence of causation of heart disease from high salt/fat, which if you have some I'd love to see it
  • maidentl
    maidentl Posts: 3,203 Member
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    Exactly. If she had been burned by water of an appropriate temperature she would not have had a case. It was because the water did so much more damage to her body due to its unusually high temperature.
This discussion has been closed.