There is a fascinating lawsuit in California where Anna Marie Phillips has sued A California woman P.F. Chang’s China Bistro Inc. for charming a dollar extra for gluten-free food. Phillips says that gluten diets are necessary for people with celiac disease and thus the added charge violates the Americans with Disabilities Act.
The lawsuit questions the basis for the charge which vegetables are gluten-free but are subject to the added charge. However, this is a relatively small charge and could be justified on the grounds of not just special ingredients but special preparation. The size of the charge is so small that the advantage will be with the restaurant. The chain can also point to the fact that it is ranked as the second most allergy-friendly restaurant by the website Allergy Eats. As shown above, it advertises its gluten-free approach. Moreover, a study by Canada’s Dalhousie Medical School found that all the commercially available products labeled gluten-free were 242 percent more expensive than comparable products. While this may also be due to inflated prices, it would work to the advantage of the restaurant chain.
The British Medical Journal found that it costs around $550 a year more to live gluten-free. It turns out that that amounts to $1.48 more per day, which is in line with the charge. Again, however, it will depend on the restaurant establishing a basis in the ingredients or the labor associated with the dishes.
Source: Yahoo
Inga,
“PR, I’m not gluten free entirely, but find that bread and pasta made with the ancient grains are better for digestion. Especially if you ferment the sour, which is sour dough. Delicious. Einkorn is my favorite ancient grain so far. Spelt is pretty good too, so is Kamut.”
“Those ancient grains are lower in gluten than modern day wheat, but still rise enough to bake yeast and batter breads, and other bakery with. Jovial Einkorn is grown and imported from Italy.”
I have heard of people who can go to Europe and eat breads over there without any trouble, but then feel terrible eating bread once they return home.
Yes, they are lower in gluten, but I still don’t want to introduce them into my diet and risk feeling as awful as I once did.
Nick, you group Atheists in with people like vegans, vegetarians, and other people who choose certain diet and lifestyle options, and you say this is because they all are saying “look at me” in announcing the fact. That grouping is making a comparison of dissimilar attributes. Atheism is a religious philosophy choice, the same as choosing to be in any other religion, and it has nothing to do with dietary selections. While many Atheists do make their lack of religion known publicly, it is because they are “coming out of the closet” instead of sitting silently while others around them unknowingly compare them to devils and make derogatory and otherwise disrespectful remarks about Atheists, not unlike what has been done to gays for so long and how they are reacting to it.
I don’t announce my beliefs to everyone I meet without it being brought up in conversation by others, and often find it’s easier just to remain silent, like I used to way back in high school and for decades after that just because I was afraid I would be ridiculed and treated badly (which often happened otherwise). Only now I may not speak up simply because I don’t care what people believe anymore. My friends like me either because of my beliefs or despite them, and that’s all that matters. I even laughed out loud at your joke about Atheists and others who walk into a bar. That probably seems true to many folks, as I have recognized it that trait in vegans, vegetarians, and gluten-free diners myself. Still, those groups are not in the same category as religious beliefs.
Nick, DBQ
“DBQ, Bingo. It’s all part of the “Look @ me” culture. “Look @ me, I’m gluten free. Look @ me, I’m a Vegan, an atheist, a cultist, etc.””
What with gf being all over the news suddenly, and touted by people who already may have a “look @ me” attitude, I can see why you might get that impression. The woman associated with this lawsuit might be one of them.
That said, you might consider googling “gluten” and migraines, gas, bloating, stomachaches, and the autoimmune condition of your choice. There are lots of people who don’t feel good, but then feel better when they take this protein out of their diets. Now, taking out regular processed food and trading it for gf processed food isn’t going to make you healthier, I do agree with that.
But, I, and many others, have removed gluten and now we feel better. I encourage you to learn more about gluten intolerance/sensitivity, and the health issues associated with it.
Is this woman going to start visiting all restaurants in CA, and suing them for not offering gluten-free under the ADA?
PR, pay no attention to them. I don’t think you’re the “look at me” type. If eating gluten free makes you feel better, more power to you. 😊
DBQ, Bingo. It’s all part of the “Look @ me” culture. “Look @ me, I’m gluten free. Look @ me, I’m a Vegan, an atheist, a cultist, etc.”
I assume PF Chang’s is simply passing on the higher cost of ingredients and preparation to the customer.
Gluten free flour is more expensive, so is GF soy sauce. And someone with Celiac disease needs to make sure there is no cross contamination, so that means separate prep areas, utensils, etc.
Why do people who don’t run a business think that any added cost would not be passed along to the customer?
They might settle this problem by simply removing the GF option. Won’t that be a win for those with Celiac disease?
This is yet another abuse of the ADA. This was supposed to help give those with disabilities access, not shakedown businesses.
Of course this happened here in CA. I read a few years ago about someone in a wheelchair who would go around town with his tape measure. If the mirror in the restroom was hung 1/4 inch too low, he would sue. There are no reasonable tolerances in the ADA. If you’re off a fraction of an inch in how you hang your sink, mirror, or handrail, you get sued. And it’s cheaper to settle out of court. This man, and many like him, make a living off of suing over minor ADA infractions.
The issue isn’t whether a person NEEDS due to a disease a special diet or whether they just want a special diet for whatever reason.
The issues are: can a provider charge the extra $ that it costs to produce the food or not?
Does this extra charge to cover the cost of production constitute a discrimination issue.
Does the need/want for a special diet qualify under the ADA guidelines at all? Is celiac disease a disability?
Should you have to prove that you have this “disability” need as opposed to just wanting to have this specialty diet because you just want it?
If you have a special diet can you force the restaurant to provide you your special diet if they don’t have that on their menu in the first place?
Can you force them to provide it at a loss to the business?
Lots of issues that have nothing to do with whether gluten free diets are a need or a fad.
Personally, I think most of the time it is a pretentious fad that goes hand in hand with being a smug Prius driver. (see South Park for that reference) As a business owner, if I were put into this position, I would just jerk gluten free off of the menu and not offer it at any price, in any shape or form.
Also PR,
Those ancient grains are lower in gluten than modern day wheat, but still rise enough to bake yeast and batter breads, and other bakery with. Jovial Einkorn is grown and imported from Italy.
DBQ and Pogo, When your comment doesn’t appear, try paging back and then refreshing. That has worked for me the last few days during WordPress menses.
PR, I’m not gluten free entirely, but find that bread and pasta made with the ancient grains are better for digestion. Especially if you ferment the sour, which is sour dough. Delicious. Einkorn is my favorite ancient grain so far. Spelt is pretty good too, so is Kamut.
And there are other costs:
http://www.wsj.com/articles/SB10001424052702304579404579234201223974792
Word Press ate one of my comments, too.
I am also gluten-free for health reasons (a different autoimmune condition) and I think this lawsuit is ridiculous. The extra cost off-sets more expensive gf processed food and dedicated equipment (e.g., bowls that are only used when mixing up the gf dishes). I agree, as well, with steve–needing to be gf is not a disability.
For those who think all the talk about being gf is just a fad, what do you think people’s reasons are for being gf? For many people, even if they are not diagnosed celiacs, their stomachaches and bloating or headaches went away when they took gluten out of their diets. So, it isn’t just a diet fad.
There is the notion of Reasonable Accommodation in the ADA.
Darren – I am not sure this is a condition that has to be accommodated under the ADA.
“The British Medical Journal found that it costs around $550 a year more to live gluten-free.”
How did they figure out this cost? Citation? Is that a cost comparison of processed food? We are gluten-free, but avoid gf processed food, choosing instead gf whole grains like brown basmati rice.
I am gluten-free for health reasons (not celiac–though I do have an autoimmune condition), and I think this is a ridiculous lawsuit. The ingredients do cost more if you want to eat gf processed food, so the price of the meal for the few people who will purchase it makes sense. I can understand her frustration, but the restaurant does not owe her a dietary convenience.
Prairie Rose,
I retrieved your comment at 2:04.
DBQ
I have been self employed for almost my whole life: artist, artisan, architect, developer, merchant, etc. The issue is not costs. There is so little cost here that an astute business person would simply absorb the cost into the overall cost of running a business. The main issue is to: not single out people when possible, make the menu as clear and as focused on the food only, simply not to be stupid and design the experience as one that will invite the client to return. The only thing on an appropriate menu should be, ‘If you have any special needs such as gluten free, msg free, etc. feel free to ask and we will accommodate you.’
When I took that position in my business, having already factored in the worst case scenario in the prices, I did much better than when I presented a hit list or a break down of prices. The client has an idea of what things cost and prefers a ‘soup to nuts’ experience based on ‘being taken care of’. In general, people do not enjoy the ‘Misery of Choice’.
Of course being in business is composed of a multitude of costs ranging from large to very small. However, that is none of the concern of the client. The client’s concern is the client’s concern, not the owner’s concern(s).
issac – so, you do not charge for design changes or development changes. Hmmm. Will keep you in mind when the time comes.
A buck for this and a buck for that against a cost of probably fifteen to twenty bucks a person for a full meal. The cost can’t be more than a few cents.
Says someone who has never been in business for himself (I am guessing). Those costs all add up and are extremely variable. On the thin margin that most businesses and restaurants especially operate a few percentage points can make or break you.
The other issue a restaurant owner…..or any business owner has to consider is what the market will bear. I could price my hamburgers at a cost that while is right on the money for the unit cost of ingredients and all the other factors that I mentioned, but the price might be more than the target market is willing to pay. Then I lose business to someone who uses cheaper ingredients or who is willing to take a loss for a while in order to build their business share.
one of them is ticked off with the $1 charge, they go somewhere else, unconscious or conscious choice. Not a very astute move on the part of Mr. Chang.
On the other hand, perhaps the costs of providing the specialty item (labor, ingredients, preparation issues, storage, costs of special ingredients) is not worth the return. If there are more people who want the regular items and not that many who want the specialty item, if he loses this slim part of his market….so what?
There are restaurants that charge one fixed price for a dinner, and you get a lot of food for the money. They are called all-you-can-eat buffets. Lots of choices, and you can be as picky as you want about what you choose to eat. Vegetarian, vegan, gluten-free, it doesn’t matter, good buffets will have some options for you. You want to pay a lot more for a more limited menu and a particular “ambiance” or snooty atmosphere and waiters? Go ahead. This case is just pointless litigation.