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.

    Jefferson Adams
    Jefferson Adams

    By Jefferson Adams •

    P.F. Chang's Looks to Dismiss Gluten-free Disability Suit

    Reviewed and edited by a celiac disease expert.

    Celiac.com 11/16/2015 - P.F. Chang's seeking to dismiss an amended complaint filed by a woman who claims the restaurant chain violated federal anti-discrimination laws by charging higher prices for gluten-free items than for non-gluten-free items.

    Photo: CC--Mike KalasnikPlaintiff Anna Marie Phillips initially sued P.F. Chang's in California state court in December, but P.F. Chang's got the case moved to U.S. District Court for the Northern District of California.

    Celiac.com Sponsor (A12):
    Lawyers for P.F. Chang's first moved to dismiss Phillips' class action in February, claiming her celiac disease does not make her a disabled person under the Americans with Disabilities Act. Federal Judge Ronald Whyte heard oral arguments in May, and "tentatively granted" the motion to dismiss, with a final ruling to be issued later.

    In August, the federal judge granted P.F. Chang's motion to dismiss Phillips' original complaint. The court ruled that the plaintiff failed to allege facts showing that the restaurant chain discriminated against her and other guests with celiac disease or a gluten allergy/intolerance, by charging $1 more for some gluten-free menu items compared to non-gluten-free versions of menu items with a similar name but prepared and handled much differently.

    However, Whyte did grant Phillips a leave to amend, while expressing his "reservations" that she could ever mount a viable claim using her discrimination theory.

    P.F. Chang's, in its Sept. 24 motion to dismiss the amended complaint, contends the new complaint asserts the same disability-discrimination claims and offers "few additional facts" and "none that warrant a different result."

    The plaintiff asserts, P.F. Chang's notes, that the gluten-free menu items are "essentially the same" and are "not truly different dishes" because they have the same basic ingredients.

    What do you think? Are restaurants wrong to charge more for gluten-free food? Share your thoughts and opinions below.

    Read More: Open Original Shared Link


     Share
    Go to articles

    User Feedback

    Recommended Comments



    Guest Lynne
    As an owner of a Culver's restaurant, we were the first large chain to offer a gluten free bun. This lawsuit is ridiculous!!! All of you people that support it please realize that we do this as a service to our gluten-free guests, we lose money on every individual gluten-free bun we sell because they cost right around $1.00 when we buy them and we sell them for $1.00, so by the time we pay to train the team to observe proper precautions (not to mention they extra time it takes to prepare a gluten-free order) it is easily a loss. We can only hope that the person who needs gluten-free either buys other items or brings people that we can make money on (and 90% do and are super appreciative). It is not about discrimination, I am happy to prepare you a hamburger with no bun and observe all of the proper procedures to make sure you are served safe food that will not get you glutened. If you have never been to a Culver's Restaurant, they are probably one of the most allergy friendly restaurants in the market, they have buttons for almost every allergy, and take them very seriously. Keep in mind folks if we charged what we needed to cover overhead, labor, and food cost, the price would be north of $3 just for the bun alone at this point. As gluten-free becomes more and more mainstream the prices will drop, and then maybe we could offer at regular price, but unfortunately gluten-free is seen more as a FAD at this point rather than a solution to an illness. I can not speak for other restaurants, but my guess is the more of this type of legal action, the less gluten-free options you will see in the market for everyone.

    Clap, Clap, Clap. But.....do you give a discount if a gluten free person orders a hamburger WITHOUT ANY BUN AT ALL? No. I am tired of ordering food with no bun, no, bread, no sauce and still being charged the full price. Change your thinking!!!

    Link to comment
    Share on other sites
    Guest Lynne

    Law suit is stupid. I have hashimato's and have to watch gluten but do not suffer as most. However I am tired of ordering food with no bun, no bread, no sauce, no dressing, etc. and getting charged the same. I do not mind paying extra for gluten-free options but I do mind paying for something I do not eat!

    Link to comment
    Share on other sites


    Guest
    This is now closed for further comments

  • Get Celiac.com Updates:
    Support Celiac.com:
    Join eNewsletter
    Donate

  • About Me

    Jefferson Adams

    Jefferson Adams is Celiac.com's senior writer and Digital Content Director. He earned his B.A. and M.F.A. at Arizona State University. His articles, essays, poems, stories and book reviews have appeared in numerous magazines, journals, and websites, including North American Project, Antioch Review, Caliban, Mississippi Review, Slate, and more. He is the author of more than 2,500 articles on celiac disease. His university coursework includes studies in science, scientific methodology, biology, anatomy, physiology, medicine, logic, and advanced research. He previously devised health and medical content for Colgate, Dove, Pfizer, Sharecare, Walgreens, and more. Jefferson has spoken about celiac disease to the media, including an appearance on the KQED radio show Forum, and is the editor of numerous books, including "Cereal Killers" by Scott Adams and Ron Hoggan, Ed.D.

    >VIEW ALL ARTICLES BY JEFFERSON ADAMS

     

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



    Celiac.com Sponsors (A17-M):



  • Related Articles

    Jefferson Adams
    Celiac.com 10/06/2014 - Anyone who has ever had difficulty ordering gluten-free food at a restaurant can likely appreciate the scene that recently played out at a San Francisco restaurant called SO.
    After back-to-back problems with “rude customers,” employees of the eatery staged a walkout. The next morning, the management posted a sign that not only made their feelings clear about the situation, but let no doubt about they position on MSG, organic food, and gluten-free food.
    The sign read:
    We are CLOSED  
    Because of You  
     
    (Customers)  
    SO…  
    *YES we use MSG!  
     
    SO…  
     
    *We don’t believe in organic food  
     
    AND…don’t give a  
     
    s$#&a...
    Scott Adams
    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.
    The 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...
    Jefferson Adams
    P.F. Chang's Temporarily Dodges a Gluten-free Bullet
    Celiac.com 08/05/2015 - Should restaurants be required to provide gluten-free food at the same prices it charges for regular gluten-containing items? That question is at the heart of a lawsuit brought by a woman who claims P.F. Chang's has violated federal anti-discrimination laws by charging more for gluten-free items. A federal judge has now "tentatively" dismissed that lawsuit.
    P.F. Chang's had asked the judge in February to dismiss Anna Marie Phillips' class action lawsuit, claiming that her celiac disease does not make her a disabled person under the Americans with Disabilities Act. At that time, lawyers for Chang's urged U.S. District Judge Ronald Whyte to dismiss the suit to prevent what they termed a 'negative impact' upon restaurant industry as a whole.
    Phillips originally...
    Jefferson Adams
    Celiac.com 11/06/2015 - A San Francisco startup has begun a wait-list for a pocket device designed to allow people with gluten allergies to test quickly gluten levels in their food.
    According to the company, 6SensorLabs, the device, called Nima, is a portable, handheld gluten detector that could make dining out safer for people who need to avoid gluten for medical reasons.
    Nima works by loading a half-teaspoon sample of food into a test tube and pop that into a triangle-shaped sensor. To avoid cross-contamination, Nima requires a new disposable capsule for each test.
    The sensor assesses the contents of the capsule, and detects gluten down to 20 parts per million. The device then provides a "yes" or "no" within two minutes. "No" signals that no gluten was detected and that the...

  • Recent Activity

    1. Wheatwacked
      - Wheatwacked replied to Dhruv's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      20

      Confused with test results

      There is plenty of gluten food that is unplatable also. The trouble in restaurants is that wheat, like the Frank's Hot Sauce commercial; "They throw that bleep on everything." In my opinion, the underlying problem is compromised immune system due to vitamin D deficiency and Green Revolution modern wheat. 50% of the industrialized world are vitamin...
    2. trents
      - trents replied to Elliebee's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      12

      Does Hashimoto’s Hypothyroidism elevate Ttg levels ? I have had 3 blood test results where ttg levels are around 39-43 (range 0-19). The first test was in 2021 before I was diagnosed with autoimmune thyroid disease. I had an endos

      I understand from one of our forum moderators who is UK-based that the benefits of having an official celiac diagnosis varies depending on your postal code. So then, it must be a benefit tied to local government rather than national government.
    3. Elliebee
      - Elliebee replied to Elliebee's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      12

      Does Hashimoto’s Hypothyroidism elevate Ttg levels ? I have had 3 blood test results where ttg levels are around 39-43 (range 0-19). The first test was in 2021 before I was diagnosed with autoimmune thyroid disease. I had an endos

      I think if I gave up gluten and got a negative blood result and stick with it rather than do the gluten challenge (even though I’ve got no symptoms.. yet). think if I gave up gluten and got a negative blood result and stick with it rather than do the gluten challenge (even though I’ve got no symptoms.. yet).
    4. Scott Adams
      - Scott Adams replied to Elliebee's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      12

      Does Hashimoto’s Hypothyroidism elevate Ttg levels ? I have had 3 blood test results where ttg levels are around 39-43 (range 0-19). The first test was in 2021 before I was diagnosed with autoimmune thyroid disease. I had an endos

      For anyone interested in research summaries on this topic we have this category: https://www.celiac.com/celiac-disease/celiac-disease-amp-related-diseases-and-disorders/thyroid-pancreatic-disorders-and-celiac-disease/
    5. trents
      - trents replied to Elliebee's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      12

      Does Hashimoto’s Hypothyroidism elevate Ttg levels ? I have had 3 blood test results where ttg levels are around 39-43 (range 0-19). The first test was in 2021 before I was diagnosed with autoimmune thyroid disease. I had an endos

      Obviously, you have looked at all this from various angles and I respect that. But consider this, you could trial the gluten-free diet for six months to see if it results in lower ttg-iga scores. If so, it is another piece of evidence pointing to celiac disease. You could then go off the gluten fast and return to a gluten loaded diet for weeks or months and...
  • Celiac.com Sponsor (A19):


  • Member Statistics

    • Total Members
      125,779
    • Most Online (within 30 mins)
      7,748
    Cathy Roth
    Newest Member
    Cathy Roth
    Joined
  • Celiac.com Sponsor (A20):

  • Forum Statistics

    • Total Topics
      120.8k
    • Total Posts
      68.9k
  • Celiac.com Sponsor (A22):



  • Who's Online (See full list)

  • Celiac.com Sponsor (A21):


  • Popular Now

    • Elliebee
      12
      Does Hashimoto’s Hypothyroidism elevate Ttg levels ? I have had 3 blood test results where ttg levels are around 39-43 (range 0-19). The first test was in 2021 before I was diagnosed with autoimmune thyroid disease. I had an endos

      By Elliebee
      Started

    • mswhis
      10
      Can Celiac disease be related to Interstitial Cystitis.

      By mswhis
      Started

    • Dhruv
      20
      Confused with test results

      By Dhruv
      Started

    • Sking
      6
      Please help me understand my Celiac Gene Restuls, thank you.

      By Sking
      Started

    • jmiller93
      8
      What do my test results mean?

      By jmiller93
      Started

  • Popular Articles

    • Scott Adams
      60
      The Gluten-Free Diet 101 - A Beginner's Guide to Going Gluten-Free

      By Scott Adams

    • Scott Adams
      78
      Forbidden Gluten Food List (Unsafe Ingredients)

      By Scott Adams

    • Scott Adams
      66
      Safe Gluten-Free Food List (Safe Ingredients)

      By Scott Adams

    • Scott Adams
      144
      What Are the Symptoms of Celiac Disease?

      By Scott Adams

    • Scott Adams
      72
      Gluten-Free Alcoholic Beverages

      By Scott Adams

  • Upcoming Events

×
×
  • Create New...