Jump to content
This site uses cookies. Continued use is acceptance of our Terms of Use and Privacy Policy. More Info... ×
  • Welcome to Celiac.com!

    You have found your celiac tribe! Join us and ask questions in our forum, share your story, and connect with others.




  • Celiac.com Sponsor (A1):



    Celiac.com Sponsor (A1-M):


  • Get Celiac.com Updates:
    Support Celiac.com!
    eNewsletter
    Donate
  • Record is Archived

    This article is now archived and is closed to further replies.

    Scott Adams
    Scott Adams

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

    Reviewed and edited by a celiac disease expert.
    P.F. Chang's is Sued for Extra Charges on Gluten-Free Menu Items - Photo: CC--Mark Crawley
    Caption: Photo: CC--Mark Crawley

    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.

    Celiac.com Sponsor (A12):
    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:

    • Open Original Shared Link


    User Feedback

    Recommended Comments



    Guest Oni

    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.

    Link to comment
    Share on other sites
    Guest stacie

    I cannot believe this lawsuit! If they mess up my gluten-free Mongo Beef that I can only get from P.F. Chang's, heads are gonna roll! Grrrrrr!

    Link to comment
    Share on other sites
    Guest stacie
    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 gluten-free 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.

    Good idea, heather!

    Link to comment
    Share on other sites
    Guest Mary

    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?

    Link to comment
    Share on other sites
    Guest Michael

    Posted

    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.

    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?

    Link to comment
    Share on other sites
    Guest Bill

    It costs more to make a gluten-free entree and I expect to pay more. This is a junk suit that should be dismissed. I want more restaurants to offer gluten-free fare. And I want them to make money doing so. Then my choices will expand. This will not help. Throw it out!

    Link to comment
    Share on other sites
    Guest Michael

    Posted

    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

    Open Original Shared Link

    Link to comment
    Share on other sites
    Guest Kathy
    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.

    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.

    Link to comment
    Share on other sites
    Guest Rebecca

    Posted

    I go to P.F. Chang's because they have the gluten-free menu. The people have always bent over backwards when they find out have celiac disease. 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 gluten-free. These extras do cost more! I appreciate that they have special prep areas for gluten-free even if it is the same food on the menu. This law suit is ridiculous!

    Link to comment
    Share on other sites
    Guest anne
    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.

    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.

    Link to comment
    Share on other sites
    Guest Jill
    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 gluten-free 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.

    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!).

    Link to comment
    Share on other sites
    Guest ekh

    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.

    Link to comment
    Share on other sites



    Guest
    This is now closed for further comments

  • Get Celiac.com Updates:
    Support Celiac.com:
    Donate
  • About Me

    Scott Adams

    Scott Adams was diagnosed with celiac disease in 1994, and, due to the nearly total lack of information available at that time, was forced to become an expert on the disease in order to recover. In 1995 he launched the site that later became Celiac.com to help as many people as possible with celiac disease get diagnosed so they can begin to live happy, healthy gluten-free lives.  He is co-author of the book Cereal Killers, and founder and publisher of the (formerly paper) newsletter Journal of Gluten Sensitivity. In 1998 he founded The Gluten-Free Mall which he sold in 2014. Celiac.com does not sell any products, and is 100% advertiser supported.


  • Celiac.com Sponsor (A17):
    Celiac.com Sponsor (A17):





    Celiac.com Sponsors (A17-M):




  • Related Articles

    Destiny Stone
    Celiac.com 02/04/2010 - Paul Seelig, the owner of the GreatSpecialty Products bread company in Durham, North Carolina, has beenarrested and is facing felony charges for intentionally deceivingconsumers by selling bread which he promoted as gluten free, whenevidence shows it was not.

    The North Carolina Department ofAgriculture and Consumer Services began investigating Seelig aftercomplaints flooded in regarding his breads that were sold at theNorth Carolina State Fair. An estimated 25 people have currentlyfiled complaints against Seelig. Customers complained of reactions tohis bread products ranging from rashes to vomiting & diarrhea. State agriculture officials sentsamples of Seelig's bread to a laboratory at the University ofNebraska (FDA facility), where test results confirmed...


    Destiny Stone
    Celiac.com 05/10/2010 - Celiac is a genetic autoimmune disease which affects 1 in 100 people worldwide, making it one of the most common food intolerance's in the world. Celiac disease is triggered by the ingestion of gluten proteins, and for those sensitive to gluten, digestion of gluten grains results in an immunological response in the small intestine, destroying mature absorptive epithelial cells on the surface of the small intestine, and creating side effects ranging from severe illnesses, to no obvious symptoms what-so-ever. Regardless of your symptoms, if left untreated, celiac disease can be life-threatening.
    There is no medication to cure or alleviate celiac disease, and the only cure is complete gluten abstinence for life. Avoiding gluten, means avoiding wheat, rye and barley...


    Jefferson Adams
    Celiac.com 11/06/2014 - The results of restaurant supply-chain co-op SpenDifference’s menu price survey indicate that more than half of all restaurant chains plan to offer gluten-free menu items in 2014.
    The third menu price survey said nine percent of surveyed restaurants are already offering organic products, 36 percent use local products, 53 percent offer light- and low-calorie options, and 55 percent have gluten-free items.
    The report echoes earlier reports that the strong and steady uptick in the demand for gluten-free foods, and is reinforced by SpenDifference president and chief executive officer Maryanne Rose, who says that the growing demand for low-calorie and gluten-free menu items will “be with us for a long time.
    Many specialty restaurants, now offers gluten-free men...


  • Recent Activity

    1. - awright24 posted a topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      0

      Anyone had endoscopy with a cold/cough???

    2. - MMH13 replied to MMH13's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      19

      Not Sure What to Think

    3. - Eldene posted a topic in Sports and Fitness
      0

      Sore muscles

    4. - LovintheGFlife posted a topic in Traveling with Celiac Disease
      0

      Trader Joe's grocery prodcuts

    5. - Beverley Ann Johnson posted a topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      0

      Gluten challenge


  • Celiac.com Sponsor (A19):



  • Member Statistics

    • Total Members
      121,176
    • Most Online (within 30 mins)
      7,748

    a-ball
    Newest Member
    a-ball
    Joined

  • Celiac.com Sponsor (A20):


  • Forum Statistics

    • Total Topics
      120.3k
    • Total Posts
      1m

  • Celiac.com Sponsor (A22):





  • Celiac.com Sponsor (A21):



  • Popular Now

    • Nicola flaherty
      4
    • ItchyHell
    • MMH13
      19
    • Tanner L
    • Nacina
  • Popular Articles

    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
  • Upcoming Events

×
×
  • Create New...