A lawsuit alleges that Starbucks and Second Cup charge an additional 80 cents and Tim Hortons an additional 50 cents to swap milk for non-dairy products
Major coffee chains are being sued for charging Canadian customers more for ordering non-dairy substitutes, such as almond, oat, coconut, cashew or soy beverages, rather than regular milk.
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A new class action lawsuit brought forward by a former Concordia University student alleges that “for years” Starbucks, Tim Hortons and Second Cup have been “price gouging consumers” who swap out dairy, according to an application to the Superior Court in Quebec filed on Dec. 30, 2024.
The suit intends to make the coffee chains reimburse coffee drinkers and stop the alleged surcharging practice.
“Treating non-dairy substitutes as ‘extras’ instead of as replacements allows Starbucks, Second Cup and Tim Hortons to literally keep ‘le beurre et l’argent du beurre,’ (or ‘to have their cake and eat it, too’) by charging an additional $0.80 plus taxes (Starbucks and Second Cup) and $0.50 plus taxes (Tim Hortons) for non-dairy substitutes that cost them a fraction of that amount, at most,” the lawsuit application alleges.
“Now, I agree … it’s not a question about discrimination or about abuse if it turns out that it actually costs them 80 cents — or anywhere close to 80 cents — for a (dairy) substitute,” he told the National Post. “We’re in a situation where there has to be change. In 2025, especially with the market how it is, people should be able to have their latte without spending 15 per cent more on their drink for a … substitute.”
Tim Hortons followed suit this month.
“We obtained some form of justice already for consumers,” said Zukran. “We hope that it serves as a deterrent to other coffee shops or others in the restaurant industry.”
Tim Hortons spokesperson Michael Oliveira told the National Post in an emailed statement on Wednesday that “it has never been our policy to charge a fee to have a non-dairy beverage added to an original or dark roast coffee, or tea — contrary to the claim (made in the lawsuit) that this may have occurred more than a billion times within the last three years.”
“This suggestion is inaccurate and we believe it is indicative of the lack of merit in the claim,” per the statement.
He also said the decision to no longer charge for non-dairy options for other beverages as of Jan. 2, 2025 significantly pre-dated the court filing.
Second Cup did not immediately respond to a request for comment.
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