Yes, it would be, as long as the treats are being brought in for the office. While he may not be bringing in treats, are you sure he isn't reciprocating in other ways (voluntarily doing the heavy lifting, changing the water bottle at the cooler, etc)? Ok, I may be an optimist.
The best way to go around this would be to organize a breakfast club, a tea party, snack society or whatever, where the members rotate bringing in treats. Then, it is clearly spelled out what the expectations are and the rules for participating?