A Quebec judge has certified a class-action lawsuit against several major coffee chains, alleging that customers were unfairly charged extra fees for non-dairy milk alternatives. The lawsuit, filed by a Montreal consumer, targets companies such as Starbucks, Tim Hortons, and Second Cup for charging additional amounts for plant-based milks like coconut, almond, and soy.
Background of the Lawsuit
The plaintiff argues that the surcharges are discriminatory and violate Quebec's Consumer Protection Act, which prohibits charging an extra fee for a product that is essentially the same as the standard offering. The lawsuit claims that non-dairy milk should be offered at no additional cost, as it is a common substitute for those with lactose intolerance, allergies, or dietary preferences.
Judge's Decision
Justice Marie-Josee Hogue of the Quebec Superior Court ruled that the case meets the criteria for a class action, citing the large number of affected consumers and the common legal issues involved. The decision allows the lawsuit to proceed, potentially covering thousands of Quebecers who paid extra for non-dairy milk since 2019.
Industry Response
Starbucks Canada stated that it is reviewing the decision and remains committed to providing customers with choice and transparency. Tim Hortons and Second Cup have not yet commented. The coffee chains have previously defended the fees, citing higher costs for non-dairy alternatives compared to regular milk.
Implications for Consumers
If successful, the lawsuit could result in refunds for customers and force coffee chains to eliminate the surcharge. Consumer advocacy groups have praised the ruling, calling it a step toward fair pricing. The case is expected to go to trial in 2027.
This is not the first legal challenge over non-dairy milk fees; similar lawsuits have been filed in the United States and other Canadian provinces. However, this is the first class-action to be certified in Quebec, which has some of the strongest consumer protection laws in the country.
