More Food and Beverage Companies Facing Lawsuits Over Zero-Sugar Labels
Several food and beverage companies using the sweetener allulose are now grappling with class action lawsuits regarding their zero-sugar labels. The FDA’s recent stance against the industry has spurred renewed complaints, with yogurt giant Chobani being a focal point.
Last week, Liquid Death and the manufacturer of David protein bars were hit with class action complaints targeting their zero-sugar offerings. The lawsuits allege potential consumer deception due to the presence of allulose, a natural sweetener.
In August, a federal judge revived a complaint against yogurt giant Chobani regarding its use of allulose in sugar-free products. Despite Chobani’s argument citing FDA guidance from 2020, which suggested no enforcement actions until final rulemaking on allulose definition, the lawsuit persisted.
The FDA’s clarification emphasized that its guidance shields companies from agency enforcement but not consumer litigation. This development has paved the way for recent lawsuits against other food companies that relied on the previous allulose definition for sugar-free marketing, with the David case citing the Chobani precedent.
Allulose, classified as a monosaccharide, falls within the FDA’s sugar definition, requiring sugar-free products to contain less than half a gram of sugar. Companies have contended that allulose’s physiological effects should exempt it from sugar labeling regulations, pointing out its distinct impact on the body compared to traditional sugars.
The complaint against David’s parent company, Linus Technology MergerSub, filed in the U.S. District Court for the Northern District of California, challenges the bar’s zero grams of sugar claim, alleging customers paid a premium for products that did not deliver as promised.
Similarly, the lawsuit against Liquid Death, lodged in the U.S. District Court for the Southern District of New York, focuses on the water brand’s sparkling energy beverages marketed as sugar-free, despite containing around 2 grams of allulose.