No popular authors found.

Categories

No categories found.


Join Celiac.com's forum / message board and get your questions answered! Our forum has nearly 1 MILLION POSTS, and over 62,000 MEMBERS just waiting to help you with any questions about celiac disease and the gluten-free diet. We'll see you there!






Follow / Share


  FOLLOW US:
Twitter Facebook Google Plus RSS Podcast Email  Get Email Alerts

SHARE:

Popular Articles

No popular articles found.
Celiac.com Sponsors:

P.F. Chang's is Sued for Extra Charges on Gluten-Free Menu Items

Celiac.com 02/02/2015 - On December 9th, 2014, Anna Marie Phillips filed a lawsuit in Santa Clara County Superior Court against P.F. Chang's China Bistro, Inc., headquartered in Scottsdale, Arizona, for discrimination and violation of the Americans with Disabilities Act. The suit claims that P.F. Chang's forces people with celiac disease to pay higher prices for gluten-free versions of their menu items. According to the complaint, P.F. Chang's charges one extra dollar per gluten-free item, however, they do not add these surcharges on to their regular menu items.

Photo: CC--Mark CrawleyThe lawsuit is seeking class action status, and claims that over the past four years more than 3,000 people in 39 states have been affected at P.F. Chang's 204 restaurants. The plaintiff claims that the gluten-free diet is medically necessary for those with celiac disease, and those who eat at P.F. Chang's are forced to pay higher prices for gluten-free dishes, even if the dishes they order are naturally gluten-free. The plaintiff asserts that this arbitrary and unequal treatment constitues discrimination against consumers who have celiac disease and gluten intolerance, and that the added surcharge is a violation of the Americans with Disabilities Act.

In the lawsuit Ms. Phillips and her attorneys, Anthony J. Orshansky and Justin Kachadoorian of Counselone, P.C. in Beverly Hills, California, seek an immediate injunction against any further surcharges on gluten-free items, civil penalties, compensatory damages and punitive damages. P.F. Chang's is represented by Jon P. Karbassakis and Michael K. Grimaldi of Lewis Brisbois Bisgaard & Smith LLP, in Los Angeles, California.

On January 23, 2015, P.F. Chang's removed the case to U.S. District Court for the Northern District of California (case number 5:15-cv-00344).

Source:

Celiac.com welcomes your comments below (registration is NOT required).



Related Articles




Spread The Word





95 Responses:

 
Jeanne
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
02 Feb 2015 9:48:37 AM PST
Now we have to move forward with companies that manufacture gluten-free products and grocery store that charge 3 times or more for gluten-free products compared to others.

 
Mike
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 5:23:49 AM PST
Jeanne: So in your way of thinking, wheat flour and GF flour (despite having different ingredients that have higher costs to produce ) should all cost the consumer the same amount. How did you come up with that paradigm? If so, let's have grocery stores make EVERYTHING the same price. Nothing should cost more than something else, right? That seems like the recipe for getting grocery stores to discontinue selling GF foods. If that happens, perhaps you can become the grower, processor and distributor of your own line of GF products and see if your business model of having GF flour (for example) can be sold for the same cost as regular wheat flour. Good luck with that.

 
Chuck Newton
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
10 Feb 2015 9:35:39 AM PST
Sounds like the old adage of " biting the hand that feeds you" is alive and well. And where is the love for those making an effort to provide some GF options.....they do not have to if they don't want to. Mercy !!!!

 
MIke

said this on
10 Feb 2015 11:25:03 AM PST
Jeanne, I was totally in the same line of thinking with you. It stinks that we have to pay more for GF food but in most cases it costs more to produce.

Where I changed my mind in the article is where they point out that some of the items are naturally gluten free. So if their claim is true, well then it certainly shouldn't cost anymore.

But yes, I agree with your point wholeheartedly.

 
Deb
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
11 Feb 2015 5:34:24 PM PST
MIKE: Although I understand your take, there are many equally good GF products that cost less. Which leads one to believe that prices are jacked up just because they can.

 
Kate
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
04 Mar 2015 7:22:28 AM PST
Yes, GF costs more because it costs more to process but when a company charges more for foods that are naturally GF than I think that is unfair. That part of the issue needs addressed. Most of time it's about making money. It's that way in a lot of avenues. Have you ever noticed how much they over charge for car parts. We need to research and pick our battles wisely.

 
Pperks
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
19 Jun 2015 10:20:30 AM PST
I'm sorry but I disagree that GF costs more to produce. Rice flour and corn flour are just as cheap as wheat. Legal seafood only serves gluten free fried batter and don't charge anymore than regular. The other issue is cross contamination, but these restaurants already have to be aware of different meats and ingredients being cross contaminated. It's a scam on the part of PF Chang's. If I order a dish with rice noodles or rice and veggies and ask for no soy sauce it will be GF. But if I order the exact same thing and just mention GF I will get charge an extra dollar for the exact same thing! I but gluten free oats grind them down and make pancakes. Believe it or not those oats cost about the same as wheat flour! So I'm sorry but the original comment makes complete sense. It's a fad charge but eventually these manufacturers will realize this is not a fad diet and hopefully prices will follow.

 
Sarah
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 8:54:40 AM PST
Jeanne, you clearly have no grasp of what it takes to ensure products are celiac-safe gluten free. Companies charge what they do so they can stay in business. Yes, products cost more - they cost more to make.

 
Rob
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 8:56:06 AM PST
Any business that provides gluten free options should be compensated and appreciated for their efforts! And, to bring lawsuits against these pioneers only discourages innovation. Suing P.F. Chang's is counterproductive to encouraging more entrepreneurs to offer GF options. Please stop these frivolous lawsuits.

 
Beth
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 4:07:08 PM PST
I agree completely!! I hate cooking and I am so thankful to be able to go out to eat without fear!!

 
Christine
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
10 Feb 2015 1:40:58 AM PST
Agreed. This is only going to hurt the celiac community. It will discourage restaurants from providing safe gluten free options because they have to swallow the added expense or risk being sued.

 
kathy
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
10 Feb 2015 7:12:13 AM PST
Exactly!

 
Judy
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 9:40:03 AM PST
I am with Jeanne on her comment! Why should we have to pay two to three times as much for a loaf of bread that has half as much bread as a regular loaf?

 
Eleanor
Rating: ratingfullratingemptyratingemptyratingemptyratingempty Unrated
said this on
10 Feb 2015 4:10:48 PM PST
Then make it yourself. Then maybe you will see all the flours needed in your pantry, time spent, the trouble in toting it around the country if traveling and much more. Be thankful that more and more restaurants are providing the needs for the GF COMMUNITY instead of knocking them in the teeth for trying to do good. Maybe the day will come that they will be cheaper but they are just trying to get their feet on the ground right now. If they were not as careful then someone would be suing due to contamination. Get a life.

 
Sofia
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
11 Feb 2015 9:49:28 AM PST
Unfortunately, the price of the ingredients, used to bake a gluten free bread are most of the time twice or three times higher than the price for wheat flour. To that you have to add the real cost for the bakery to keep a gluten free dedicated facility, the costs for the certifications, training of the employees, development of the recipes. Baking gluten free is not as simple as switching wheat for rice and that's it, it takes A LOT of work and effort. So in the end you can get a bread that has the same qualities in shape and flavor or a regular wheat bread.

 
Michael
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 11:53:37 AM PST
You have to realize that wheat is cheap food because it has been subsidized, everybody is indoctrinated since infancy to be brainwashed, ignorant and addicted to the gluten peptides that bind to our opiate receptors in our brains. There is a century of perfection of machinery designed for the harvest, storage and processing. All of agriculture and corporate food processing has been invested in and paid off, leaving an addictive flow of profit. How long will it take for the design, development and payoff of machinery for many different completely different plants that supply gluten-free alternatives?

 
Cheryl
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 2:24:36 PM PST
Amen to the comment above for the GF products and grocery stores charging insane prices for GF items!

 
J Elliott
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 2:31:37 PM PST
An extra charge for product that is naturally GF is like theft.
An extra charge for GF is reasonable given the relatively low volume of these items and the requirement of special handling.

 
Michelle
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
10 Feb 2015 6:35:55 AM PST
Oh for heaven's sake, this lawsuit is a waste of everyone's time and money. What an idiot. She should be grateful that the restaurant even offers GF items. We Americans need to learn to let the free market operate instead of suing everyone right and left. Nobody is FORCING that woman to pay anything. It is her CHOICE to eat at P.F. Chang's. If she's too cheap to pay an extra buck to ensure that she doesn't get glutened, then she needs to find some other place to eat or eat at home. Idiot.

 
Caryopteris
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
10 Feb 2015 1:10:12 PM PST
Exactly. I, for one, am grateful they are willing to go to the bother to feed me with my special needs.

 
Patricia
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
03 Mar 2015 9:52:55 AM PST
Jeanne, I agree. After being diagnosed with celiac disease I started seeking gluten free alternatives. In my experience gluten free is much higher than even sugar free products. It is challenging enough to eat gluten free especially when dining out but being charged a premium is outrageous. For example; a pizza place charges $10 for a large yet when I order the same I am charged $15 for a small! Keep in mind it is made in a non-gluten free environment. It frustrating.

 
Josef Rosenfeld
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
02 Feb 2015 12:24:44 PM PST
I think that this suit should be dismissed with prejudice.

A restaurant is in business to make money, NOT provide a public service.

It costs more to make an allergen free menu item, as well as guarantee that said item is not contaminated by those allergens in the kitchen.

I am sure that if you looked you would find many articles touting PF Chang as a leader and innovator in the offering of gluten free menu items, and having them many years before any other restaurant chain.

To sue them and claim they are violating the ADA because they have the nerve to want to make a profit on those offerings will serve only to tell restaurant operators that it is NOT WORTH IT to try and sell gluten free products because you may be sued over someone's opinion that you charge too much and are thus discriminating against disabled Americans.

 
Debbie
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 10:04:51 AM PST
I so agree. I hope she loses. I'm happy to find restaurants with GF options and am happy to pay extra. Obviously there is a higher cost to provide something gluten free!! Just go buy your own GF flour and other products and see how expensive they are. The restaurant has to pay extra as well.

 
JoAnn
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 10:49:19 AM PST
Absolutely right. Many restaurant owners will tell you they can't or won't provide a gluten-free menu because of all the costs and precautions involved. P.F. Chang's is one of the very few places where I can have a wide variety of choices and not have to worry about hurting afterwards. I'm happy to pay the extra cost - and I don't live or have lawyers in Beverly Hills. Then I guess every store/restaurant that sells gluten-free products should be sued since all of these items are more expensive than non-gluten-free products.

 
Kathy
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 1:18:06 PM PST
This was my first thought when I read this. It is my understanding that P.F. Chang's has a dedicated gluten free kitchen where they prepare the gluten free dishes to avoid cross contamination. I believe all of the items served as gluten free come out of this area, including items that are naturally gluten free. It costs money to maintain this separate area. I would hate to see them, or any other restaurants that are truly trying to provide gluten free meals to discontinue due to suits like this.

 
anne
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 1:22:08 PM PST
Actually, most restaurants do not guarantee there won't be any cross-contamination. They put a disclaimer on the gluten-free menus indicating possible cross-contamination.

 
Linda
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 2:01:42 PM PST
I have celiac disease and know the true cost of cooking gluten free - and it costs me more at home than back when I cooked whatever I wanted. I also grew up in restaurants and know the small line between what you take in, and what you get to keep. I agree with you wholeheartedly, restaurants have to pay more to cook gluten free, and they deserve to pay more. It is my choice whether I go to a restaurant, I can just choose not to go.

 
Christy
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 2:38:03 PM PST
I totally agree with you. PF Chang's goes out of their way to make sure the food being served as gluten free is safe. Even if there aren't different ingredients, they have to put extra time and effort into preparing and serving the dishes. I don't want to start having fewer safe place to dine because restaurants are afraid of being sued.

 
Robyn
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 2:50:17 PM PST
I agree

 
Kim Ohlweiler
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 3:01:30 PM PST
Well said, Josef. I have celiac disease and eat out seldom out of fear that I will be made ill. For those restaurants who provide the care that guarantees my safety when they prepare my food, I am grateful. The ingredients to make some gluten free foods do cost more, and when the food is naturally gluten free, it takes more time and effort to prepare it so it is not cross-contaminated by coming into contact with any gluten.

 
Deb
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 3:27:55 PM PST
I agree, I'm celiac and middle income and very thankful that restaurants take the trouble and time to make my food safe. yes it may cost a bit more, but if we start suing then they'll just stop and say 'ok, no more GF foods, you people are too much trouble'. Let's not start something bad here that comes back to bite us.

 
Celia
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
02 Feb 2015 1:06:14 PM PST
I am grateful to have restaurants who offer gluten free foods and take care to avoid cross-contamination. I acknowledge that it takes extra effort on their part to do so. By not compensating them for taking these cares and precautions, we risk losing these options. While I would rather not pay higher prices, I will do so gladly to be able to have a few restaurants who care about those of us who must eat gluten free. It is MY problem, and I would certainly understand a restaurant whose management does not want to jump through the hoops necessary to ensure my food safety. Penalizing them will ensure that they will discontinue their consideration. Quit the pity party. What a selfish, self-centered person this must be.

 
Rosalyn
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 1:49:51 PM PST
I am not happy about paying more, but I agree with Celia. I'm just happy that restaurants like P.F. Chang's are willing to make every effort to accommodate those with celiac disease. I hope this law suit will not discourage the industry from providing gluten free alternatives, whether in restaurants or super markets.

 
Mom of Celiac
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 7:12:11 PM PST
This lawsuit is Ridiculous and Frivolous! My son was diagnosed with celiac 7 years ago and P.F. Chang's was one of the ONLY restaurants he could eat GF at in Houston Texas. $1 extra is NOTHING to be able to eat out and celebrate with family. P.F. Chang's has continually work to expand their GF Menu and now even serves GF Mongolian Beef which my 17 year old LOVES! The extra care and peace of mind that my son is actually eating GF is worth MORE than 1 extra dollar! He has NEVER gotten sick, or suffered ANY cross-contamination P.F. Chang's.
STOP this now before we have NO GF Choices!

 
James
Rating: ratingfullratingemptyratingemptyratingemptyratingempty Unrated
said this on
02 Feb 2015 5:33:19 PM PST
If you don't like the prices they charge you are free to go elsewhere. No one is FORCING you to pay extra, you choose to do so.

 
Beth B
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
02 Feb 2015 5:35:45 PM PST
Honestly, I think this is ridiculous! Gluten-free food in general is much more expensive than regular because of the extra measures, preparations, and precautions necessary to ensure their safety to gluten-free consumers. Do I wish that prices on these things were lower? Yes, certainly, because it is taxing on the budget, but I am saying I understand why they are not. I just ate lunch at PF's today and had a very positive experience.

 
Kathy
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
02 Feb 2015 5:57:27 PM PST
So...here is my question. If they win this case, could this force all manufacturers of GF food to lower their prices? i.e. GF pasta $3 vs regular $1

 
admin
( Author)
said this on
03 Feb 2015 8:53:25 AM PST
I think it is more likely to cause more restaurants to stop catering to people on a gluten-free diet than to make them lower prices.

 
Heather
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
06 Feb 2015 12:28:09 PM PST
Thanks for the article. I agree that when we berate restaurants that are trying to do a good thing by serving gluten free properly and safely (not an easy thing to do), we discourage them from serving gluten free at all. I don't mind paying a little extra , because it does cost more to provide gluten free in a committed way like P.F. Chang's does. My counter to the negativity of the frivolous lawsuit in CA was to send an e-mail to P.F. Chang's thanking them for their ongoing commitment to gluten free. I'm hoping others might do the same.

 
Tammy
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 4:15:41 PM PST
I sent them a note saying as someone with celiac disease I would be willing to speak on their side because I can't get Chinese food anywhere else and am so thankful for their offerings.

 
SansGluten
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 8:33:45 AM PST
Agreed. This lady could ruin it for all of us.

 
JJ
Rating: ratingfullratingemptyratingemptyratingemptyratingempty Unrated
said this on
02 Feb 2015 6:29:59 PM PST
Shame on you for thinking you should get something that requires special preparation and extra effort for free. The chain uses special plates and extra caution, as well as high quality ingredients, and takes great care of sufferers. How petty.

 
Michael
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 9:19:00 AM PST
Anyone who trusts an entire chain is supremely naive. To err is human. Murphy's Law: If anything can go wrong, it will. A local celiac in one of my support groups I know had dinner at an upscale restaurant with a separate GF kitchen, but her order was taken to the wrong kitchen. She got ataxia. That's brain damage that she may not recover from. I never saw her after that, only having heard about it from our group leader. I assume she was too disabled from the incident(s) of eating out to get around and communicate.

 
dc
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
02 Feb 2015 6:37:39 PM PST
I sympathize with people who have the disease, I think the lawsuit is stupid and selfish. It costs more to provide the special dishes, but the restaurant only charges $1 more. Is she trying to get the restaurant to stop serving people with celiac disease?

 
LCS
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
02 Feb 2015 7:33:00 PM PST
We are possibly about to venture into the gluten free territory with my daughter (possible celiac) and from what I understand, P.F. Chang's serves gluten free food differently (on special plates) and also takes extra precautions to ensure safe procedures are followed. I am more than happy to pay an extra dollar (or more) for this service and the fact that this restaurant tries to accommodate people. I want to sue this woman for possibly causing restaurants to stop trying to help serve people with food allergies and intolerances. I hope her case gets thrown out of court. I would hate to see restaurants stop trying to service populations that need a little extra care because of this case!!!

 
D A
Rating: ratingfullratingemptyratingemptyratingemptyratingempty Unrated
said this on
02 Feb 2015 10:12:44 PM PST
Get a life. Eat at home Anna. They are doing you a favor for having gluten free options.

 
Eric
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
03 Feb 2015 4:56:00 AM PST
For the love of God, you have GOT to be KIDDING!!! Anyone that has prepared a gluten free meal knows there is more expense in the materials and, more than that, the care taken to ensure that we, the celiacs (sounds like a Star Trek race, doesn't it?) don't get wiped out. If the chain is taking the proper precautions, I think a buck an item is a bargain.

 
Dean
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
03 Feb 2015 9:59:07 AM PST
This is another stupid lawsuit out of California. Everyone is out to get something for nothing. I echo some other comments. Eating gluten free is MORE expensive in general, that is the way it is. The ingredients are more expensive, the prep (especially in a restaurant) has to be handled more carefully, and if you don't want to pay the price to eat at P.F. Chang's then don't go there. I agree, paying $1 more for something to be gluten free is a deal. Some of the pizza places I go charge $5 to $8 more for a gluten free pizza and it is actually smaller than a "regular" pizza. (....and I'm happy to pay it.) All crap lawsuits like this is going to do is raise the prices even more for everybody. If you don't like paying the price, eat at home.

 
Cheryl
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
10 Feb 2015 9:44:43 AM PST
Dean, you are so right about the pizza. I think the GF pizza at New York Pizzeria in Houston is fantastic, the best GF pizza I've had anywhere. It's ridiculously expensive and only comes in "medium". I don't have it very often, but when I do, it's a treat for me that I know is safe and delicious.

Same goes for P.F. Chang's. The first time someone took me there, I was so excited when I saw the GF menu! I don't eat there often because of budget, but it's always wonderful to go there and enjoy food that is safe and delicious.

Most of the time when I go out with friends, I end up with a salad because there's not much else. Always frustrating to glance over a menu and realize I'm going to leave hungry. I don't care if they charge me a little extra for food I can eat and enjoy!

 
JJ P
Rating: ratingfullratingfullratingemptyratingemptyratingempty Unrated
said this on
03 Feb 2015 10:25:34 AM PST
I am personally glad my issue wasn't with celiac disease.. but for the roughly two million people out there who actually suffer from it, this suit will hurt more than help.

What is ridiculous is that I cannot believe that they are demanding that something that uses different ingredients and different levels or protection from cross contaminating with gluten-containing products cost the same as something from a regular menu.

While this one person may win their little self-centered temper tantrum, it will just discourage all stores from offering a gluten-free menu for those that need it.

 
Maya
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
03 Feb 2015 11:08:25 AM PST
This lawsuit needs to be thrown out of court. Everyone knows gluten-free items are usually about 3-4 times more expensive than regular items (flours and baking mixes, etc.) This lawsuit is a slap in the face to the restaurant that is trying to accommodate your needs, Anna Marie Phillips. You are making a big mistake. You need to go after the non-organic companies making the flours and ingredients so expensive, NOT the restaurants who are welcoming you. I WILL be writing about this in my blog.

 
Joe B

said this on
03 Feb 2015 11:19:29 AM PST
From someone who worked at P.F. Chang's when they were the first chain to offer a gluten-free menu this lady is trying for a "money grab," pure and simple. Chang's has gone above and beyond the call over the last 15 years to provide allergen-free dining. It's idiots like this lady that will make restaurants think twice before doing so in the future.

 
Will
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
03 Feb 2015 11:22:36 AM PST
This suit will lose and lose quickly. It is sad that there are people out there who are this stupid that think they could win something like this. And it's sad that there are lawyers unwilling to counsel their clients appropriately and dissuade them from filing such ridiculous suits.

 
Cheryl
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
03 Feb 2015 11:53:53 AM PST
They are not that careful and safe. I receive food on the wrong plate all the time. I was served food breaded with regular flour and told it was "naturally gluten free". When I sent it back the server and the manager tried to bully me into accepting that load of bull. Paying extra for this poor service is outrageous.

 
Doug
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
05 Feb 2015 4:51:17 AM PST
Then don't go there Cheryl.

 
Dale

said this on
03 Feb 2015 2:30:55 PM PST
My wife is gluten sensitive, not celiac, but we expect to pay a little more when eating out. Gluten free ingredients typically cost a little more, plus the process to cook gluten free is more costly due to the prep time to have clean surfaces, segregation of non-gluten free ingredients from gluten free ingredients, etc. We typically pay 2-3 dollars more per gluten free meal at other restaurants, so really a dollar more is a bargain. If this individual wins, I hope she goes after all the food industry. I am tired of paying 2-4 dollars more for gluten free products at the grocery store, as compared to their non-gluten free counter parts.

 
Dick L
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
03 Feb 2015 7:33:11 PM PST
I hope some judge throws this out with costs assessed to the plaintiff. A more appropriate target for her wrath would be those P.F. Chang's outlets that don't believe in taking the necessary care with gluten free meals. I've only eaten in one location, and had no problems with it. Cheers to them; the small additional charge for the extra expense of keeping me from getting sick is certainly worth it. Suing them for charging more for their gluten free dishes is just wrong! If the ADA allows such a suit, it's wrong, too.

 
Deborah
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
04 Feb 2015 11:16:29 AM PST
Shame on Ms. Phillips. Not only for the lawsuit but tucking (ducking) in under the ADA umbrella. Shame, Shame, Shame.

 
HaloGirl
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
04 Feb 2015 12:49:34 PM PST
I think everyone is missing what she's suing for. She's saying PF Chang is charging extra for foods that are already naturally gluten free! That's ridiculous! We shouldn't be charged extra for things that are naturally GF!

 
Joe
Rating: ratingfullratingemptyratingemptyratingemptyratingempty Unrated
said this on
05 Feb 2015 2:00:31 PM PST
@HaloGirl

No, you are missing the point. If she (or you) don't like the pricing structure of this business, do not frequent their establishment or transact your money to them. Simple.

Further, while the food may be naturally gluten free, it is being served in an environment that has gluten in it. They have to implement processes and resources to ensure the food labeled gluten free, remains gluten free, regardless if it was naturally so, before arriving in the restaurant. P.F. Chang's says that accommodation will cost you an extra $1...they could say it costs an extra $30 and there would be no grounds for a lawsuit. Of course no one would buy it either. If you don't want to pay the extra dollar to P.F. Chang's, go somewhere else or just prepare these naturally gluten free foods yourself.

 
MichaelT
Rating: ratingfullratingfullratingemptyratingemptyratingempty Unrated
said this on
05 Feb 2015 9:59:32 AM PST
Well done! If the complainants goal was to ensure that there are less gluten free products and services available, this will surely do it.

 
Heather
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
05 Feb 2015 1:19:38 PM PST
Thanks for bringing this news story to our attention. I was fuming when I heard about this frivolous lawsuit. I agree with so many of the comments here, indicating appreciation for a restaurant that does such a good job of accommodating GF as P.F. Chang's does and that we don't mind paying a little extra. Maybe if we each jot a note or send an e-mail to P.F. Chang's showing them our appreciation and support, that would show them how so many of us feel.

 
stacie
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 11:33:26 AM PST
Good idea, heather!

 
Jill
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 1:24:08 PM PST
We love P.F. Chang's. It is one of the ONLY places we feel safe eating. Anna Marie Phillips, you are doing a disservice to celiacs everywhere through your ridiculous, selfish lawsuit. If you have a problem paying $1.00 extra for their extra care and attention, you should not eat out anywhere. Do you plan to go after all of the gluten-free food manufacturers in your quest for compensation? This is positively shameful. I applaud P.F. Chang's for their awesome menu and the respectful way they attend to their gluten-free guests. I would eat there every week if I could (and I would pay an extra dollar without batting an eye!).

 
Holly
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
05 Feb 2015 8:11:35 PM PST
While I agree this lawsuit is ridiculous, you cannot downplay the effects of celiac disease. My son may not go into anaphylaxis when he eats some thing with gluten in it, he certainly will get sick and left untreated by eating "normal" food can result in serious digestive problems, malnourishment, even cancer. Please don't act like celiac is no big deal because the symptoms are not overtly obvious to you.

 
Michelle
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
08 Feb 2015 5:09:47 PM PST
This lady is a fool. No other words. Surely it will be dismissed.

 
JoC
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 3:05:13 AM PST
celiac disease is real and is a very painful and serious condition...consuming gluten for some of us can and does result in real physical harm...when I was eating real food I was alive, but just barely...suffering all the time

 
Diane
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 5:17:55 AM PST
Please don't ruin this for the rest of us (celiacs) Anna Marie. P.F. Chang's, please don't stop serving GF foods. Just make sure your cooks and servers are fully informed and compliant. I believe I should pay extra for that service.

 
Lulu
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 5:49:34 AM PST
Unbelievable! Go somewhere else, but don't make them sorry they serve gluten-free...

 
Jared
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 6:42:47 AM PST
This will just make companies quit offering gluten free options. I hope it gets dismissed.

 
ANN
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 7:49:52 AM PST
This is the price we pay for awareness of cross contamination, instruction of wait staff and necessary attention to specific details in a busy restaurant. This suit will discourage a lot of restaurants from embarking on offering gluten free items on the menu. Why are people so anxious to create a rumpus? I was diagnosed in the mid 80's and I never ate out because it no one had a clue what to serve me. Legal Seafood was the first restaurant in the New England to do so.

 
Angie
Rating: ratingfullratingfullratingemptyratingemptyratingempty Unrated
said this on
09 Feb 2015 7:54:03 AM PST
It's people like this that will ruin it for the rest. This makes me so mad. Restaurants will see this and slowly start to back out. Shame on you!!!!

 
Lisa
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 8:36:35 AM PST
Great idea! The last thing we need is to make it unpopular to take the extra precautions at restaurants to make food safe for celiacs and other food allergies! I just posted a "thank you" to their customer service website at pfchangs.com/commentsweb if anyone else is interested!

 
Luann
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 8:45:41 AM PST
I agree! we pay 3 times for our bread. We are lucky we are only asked for $1.00 for special service!! Why would restaurants want to help us if it is going to cost them money?Also, I think a letter or email to PF Chang's is a great idea to let them know we are in support of them.

 
Barbara
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 10:11:32 AM PST
P.F. Chang's could adopt a different business model--why do they have to recover every blessed dollar? Besides, they are not very creative! Here in the East there is a restaurant called Legal Seafood that offers many gluten free options-- they indicate which items on the regular menu can be prepared without gluten-- and there are lots of options. There is no charge for the adjustments. I have celiac disease and I really appreciate this. Go there often. Do not see why other restaurants cannot follow this model. Everyone would be happy and no suits would be necessary.

 
Cyn
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 10:12:16 AM PST
I am happy to pay extra for the care that they must use to keep me safe.

 
Jen
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 10:53:58 AM PST
It has right on the menu that GF is $1 more (or whatever). The person has every right to leave if they don't think it is fair. I can rarely go to restaurants because I am sensitive so I am happy when a restaurant is able to accommodate me.

That being said, diabetes, Celiac disease, and numerous other diseases do fall under the 504 plan in schools which allows kids accommodations in schools (for example). For for diabetes, kids can go to the nurse, be able to make up missed work, etc. For Celiac they can go to the bathroom more often, be able to make up miss work, etc. Depending on individual needs. There are really good reasons we have the Americans with Disabilities Act!

But, I would hate to no longer go out to any restaurants because of a court case.

 
Oni
Rating: ratingfullratingemptyratingemptyratingemptyratingempty Unrated
said this on
09 Feb 2015 11:20:11 AM PST
Really?!?
I hope this frivolous lawsuit gets thrown out. Although, the damage may already be done. People, in general, are already sick of hearing about our illness. My hope is that this doesn't make it harder to accommodate our needs.

 
stacie
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 11:32:13 AM PST
I cannot believe this lawsuit! If they mess up my GF Mongo Beef that I can only get from P.F. Chang's, heads are gonna roll! Grrrrrr!

 
Mary

said this on
09 Feb 2015 11:42:09 AM PST
Do restaurants put a surcharge on food for mobility-handicapped people because they have to fit their establishments with handicapped restrooms, entryways, etc.? Celiac and mobility-handicapped are both covered under the ADA and require restaurant owners to make accommodations. Why is only the former penalized with higher prices?

 
Bill
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 12:00:21 PM PST
It costs more to make a GF entree and I expect to pay more. This is a junk suit that should be dismissed. I want more restaurants to offer GF fare. And I want them to make money doing so. Then my choices will expand. This will not help. Throw it out!

 
Michael
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 12:48:52 PM PST
Celiac disease is definitely covered by the ADA as amended in 2010 and put into law in 2011 to cover anyone with a disability in regards to a least one major activity in life, including eating. See
http://www.ada.gov/pubs/adastatute08.htm#12102

 
Rebecca
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 1:22:02 PM PST
I go to P.F. Chang's because they have the GF menu. The people have always bent over backwards when they find out have CD. They've even given us coupons for free appetizers and brought us out complementary items. The waiters are extremely attentive to our requests. I appreciate their special plates and dishes that show all the wait staff that our food is GF. These extras do cost more! I appreciate that they have special prep areas for GF even if it is the same food on the menu. This law suit is ridiculous!

 
ekh

said this on
09 Feb 2015 1:42:34 PM PST
I am sorry that you do not understand the pain and suffering that we celiacs go through when we are "glutened". I have been gluten free for over 35 years and still suffer extreme pain when I am glutened . Many have cancer before they are diagnosed, please do not downplay the need for gluten free. These establishment who are trying to allow us to eat out are doing a valued service and should be encouraged, not discouraged.

 
C sugg
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 2:01:09 PM PST
I wish there was some way to get these remarks to the judge and the restaurant. Clearly the world of those with celiacs doesn't support this.

 
Lisa
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 2:09:10 PM PST
I think this is not fair I am celiac, and know that gluten free food items cost more. I love to eat at PF Chang's.
I am thrilled they offer gluten free items, and even offer gluten free soy sauce- their servers are well-trained, and I have no complaints. Yes, it may cost more, but any one who buys gluten free groceries knows they cost more than the conventional glutenous ones. This is a ridiculous case.

 
valerie
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 6:26:29 PM PST
I agree with Lisa and I have celiac disease as well.

 
Robyn
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 2:49:03 PM PST
I don't think this lawsuit is fair. Gluten free products cost more than non gluten free products. I know eating gluten free is more costly but it's not fair to make the restaurants pay the extra.

 
Deborah
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 3:33:01 PM PST
Lord save us from the Anna's of this world, always expecting everyone to cater to them and do it for less. GF costs more, is more time consuming, takes special equipment/kitchen areas in restaurants, and thankfully there are restaurants who go to the trouble! But if they start getting sued then they just might say, why bother. As a celiac I totally appreciate restaurants that take the time and effort to prepare food just for me, and it's certainly worth on extra dollar or two. If you don't like it, eat at home and quit suing for Pete's sake so the rest of us can enjoy eating out!!!

 
JtheLawyer
Rating: ratingfullratingfullratingfullratingfullratingempty Unrated
said this on
09 Feb 2015 4:23:51 PM PST
I am extremely disappointed at hearing this news, and agree with all the comments below that this is an outlandish lawsuit. We should be praising, not punishing, those places that offer gluten free options {and I am someone who is very sensitive to cross-contamination, so I can't eat just anywhere, but I MAKE choices}. And I heartily second the comments that the extra preparation, costs, and quality of GF foods is worth the cost. As another quote I saw somewhere said "The question shouldn't be why is healthy [read: gluten free, or organic, or allergen-friendly, etc etc] food so expensive, but rather, why is unhealthy food so cheap?" As a person with celiac (and dairy allergy), I am personally GLAD to be forced to eat gluten free, because I am pleased that most GF foods I buy at the store or even at restaurants are typically the healthiest items there/on the menu. By the way, I am a litigation attorney, but this is a bad, bad thing. I hope that P.F. Chang's doesn't decide to just settle this case... bad precedent.

 
Freda
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
09 Feb 2015 5:11:03 PM PST
I am one of the people that gladly pay that extra money to eat at P.F. Chang's. This is one of the very few places in my area that I can eat. This is one of the few places that I can set down and relax to enjoy my meal and not worry about getting sick. The cost of gluten free lifestyle is expensive but this is just a fact of life. It isn't the restaurants problem that we have celiac or gluten intolerance. So who do the people doing the law suit expect to pick up the cost for these restaurants to be able to serve us. So many restaurants in my area will not even try to accommodate for food allergies. These people need to shut up and stay home and allow the restaurants to serve the ones of us that appreciate the effort they put into their allergy friendly serves. I would gladly stand on P.F. Chang's side of this lawasuit. I believe this is just someone wanting money for nothing and is going to hurt the gluten free community in the long run.

 
Susan
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
09 Feb 2015 7:45:14 PM PST
Two weeks ago I paid $1.50 extra for a GF bun at Jeffery's Burgers in Menlo Park, CA, and was glad to do so. It was the first 'real' hamburger, with bun, that I have had in a restaurant in 8 years.
It's simple economics. A special product that has a limited demand so it costs more to manufacture because of the small quantities and special requirements, will always cost more than something with a large demand (wheat bread) that can be manufactured in huge amounts with a lower cost per item.

 
Tuck P
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
04 Feb 2016 12:46:37 PM PST
I get that to have GF substitutions (like a GF bun) is an extra cost that the restaurant has to bear. But at the same time I wonder the cost passed on to the consumer is usually *so* high. If order a hamburger with a GF bun up here in NH I pay an extra $1.00-$1.50. I could buy a pack of GF buns retail for about $3.00. I understand that everything is uncharged when you eat out but this sometimes seems absurd to me.

 
Mzz
Rating: ratingfullratingfullratingfullratingfullratingfull Unrated
said this on
10 Feb 2015 6:04:49 AM PST
This is one of the few restaurants I can go to and not worry about getting sick. I fall into the super sensitive range and P.F. Chang's has never made me ill. Considering gluten-free food at the super market can cost almost double compared to regular food, I have no issue paying an extra dollar if it means I can eat out without fear. I think the nature of adding celiac disease to the Americans With Disabilities Act was to make sure we get the same options safely as everyone else. P.F. Chang's goes above and beyond to offer us that. The lawsuit will just make them get rid of their gluten free menu, as well as other restaurants because it will open the door for more lawsuits.

 
lovegrov
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
10 Feb 2015 12:49:37 PM PST
Ridiculous lawsuit.




Rate this article and leave a comment:
Rating: * Poor Excellent
Your Name *: Email (private) *: