Companies selling "zero-sugar" drinks and snacks are running into a legal problem as they argue that the sweetener allulose is not actually a sugar.
After the Food and Drug Administration weighed in against Chobani in an ongoing labeling fight, new lawsuits are testing whether this zero-sugar categorization is misleading shoppers.
Here's what to know
Class action filings from Aug. 24 and 25 have reached Liquid Death and the company behind David protein bars, Food Dive reported. Both of these lawsuits challenge whether products promoted as being sugar-free or having zero grams of sugar are misleading since they contain allulose.
These cases came after a lawsuit against Chobani regained traction in August. A federal judge revived claims over the company's sugar-free yogurt products after Chobani argued that 2020 FDA guidance allowed companies to market allulose-sweetened items as zero-sugar while the agency was developing a ruling on whether or not this was fair.
An FDA court filing undercut that defense by stating that allulose fits within the legal definition of sugar, per Food Dive. And while the agency's 2020 guidance kept the FDA from taking enforcement measures, it did not block consumer lawsuits.
More background
To qualify as sugar-free under FDA rules, a food must contain less than half a gram of sugar. Allulose, which is naturally occurring, is a monosaccharide, or simple sugar. In Chobani's Zero Sugar Yogurt, there are 4 grams of allulose per serving, as Food Dive reported.
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The companies' counterargument is that allulose behaves differently in the body than traditional sugars. Chobani has said, per Food Dive, that allulose does not add calories in the same way as regular sugar, nor does it raise blood sugar or lead to cavities.
Where can I learn more?
The allulose dispute is part of the backlash against branding that can overpromise or blur what products are. Across industries, claims about everything from sustainability to packaging are getting more scrutiny from shoppers, regulators, and companies.
• At Target, shoppers are learning to read labels more closely as eco-claims obscure reality.
• Across major brands, false-advertising concerns persist as polished sustainability messaging outpaces facts.
• Grocery shoppers mocked a plastic-wrapped reusable bag display that turned zero-waste branding upside down.
Allulose lawsuits are no longer just Chobani's problem. When marketing claims get ahead of settled definitions, the scrutiny can spread.
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