Woman sues P.F. Chang's, says restaurant's higher prices for gluten-free food violate ADA
Corrected: A California woman is suing an Arizona-based restaurant chain over the surcharges it imposes for gluten-free menu items.
The additional $1 charged by P.F. Chang’s China Bistro Inc. for gluten-free items violates the the Americans with Disabilities Act, the suit contends> It points out that many who order them have a medical need to eat gluten-free food due to celiac disease or gluten intolerance, according to Legal Newsline and the Phoenix Business Journal. The suit also says extra charges are unfairly imposed even when a menu item, such as vegetables, is by nature gluten-free.
Originally filed in December in Santa Clara County Superior Court by Anna Marie Phillips, the suit has since been removed by the restaurant to federal court in San Jose. In addition to compensatory damages, the plaintiff is seeking class-action status, injunctive relief, restitution, civil penalties and punitive damages.
The articles don’t include any comment from the restaurant.
Updated on Feb. 13 to correct the name of the county to Santa Clara County.
