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 Our Content
    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 Jeanne

    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.

    Link to comment
    Share on other sites
    Guest Josef Rosenfeld

    Posted

    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.

    Link to comment
    Share on other sites
    Guest Celia

    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.

    Link to comment
    Share on other sites
    Guest James

    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.

    Link to comment
    Share on other sites
    Guest Beth B

    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.

    Link to comment
    Share on other sites
    Guest Kathy

    So...here is my question. If they win this case, could this force all manufacturers of gluten-free food to lower their prices? i.e. gluten-free pasta $3 vs regular $1

    Link to comment
    Share on other sites
    Guest JJ

    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.

    Link to comment
    Share on other sites
    Guest dc

    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?

    Link to comment
    Share on other sites
    Guest LCS

    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!!!

    Link to comment
    Share on other sites
    Guest D A

    Get a life. Eat at home Anna. They are doing you a favor for having gluten free options.

    Link to comment
    Share on other sites
    Guest Eric

    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.

    Link to comment
    Share on other sites
    Guest admin
    So...here is my question. If they win this case, could this force all manufacturers of gluten-free food to lower their prices? i.e. gluten-free pasta $3 vs regular $1

    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.

    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
    Gluten-Free Foods are Improving
    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. - alimb replied to alimb's topic in Coping with Celiac Disease
      2

      How to keep water down?

    2. - nanny marley posted a topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      0

      New here help needed

    3. - trents replied to alimb's topic in Coping with Celiac Disease
      2

      How to keep water down?

    4. - alimb posted a topic in Coping with Celiac Disease
      2

      How to keep water down?

    5. - PixieSticks replied to PixieSticks's topic in Super Sensitive People
      2

      Working in a kitchen with gluten?


  • Celiac.com Sponsor (A19):



  • Member Statistics

    • Total Members
      126,550
    • Most Online (within 30 mins)
      7,748

    Mantooth
    Newest Member
    Mantooth
    Joined

  • Celiac.com Sponsor (A20):


  • Forum Statistics

    • Total Topics
      120.9k
    • Total Posts
      69.5k

  • Celiac.com Sponsor (A22):





  • Celiac.com Sponsor (A21):



  • Popular Now

    • Whyz
      6
    • Art Maltman
      6
    • JA917
      13
    • Dana Gilcrease
      5
    • GardeningForHealth
  • Popular Articles

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

×
×
  • Create New...