Allulose sweetener faces zero-sugar label
Food companies using the sweetener allulose face class action lawsuits over zero-sugar labels. The FDA stated allulose falls under the legal definition of sugar, reviving a case against Chobani and sparking new suits against Liquid Death and David protein bars.
Food and beverage companies marketing products as zero-sugar are facing a wave of class action lawsuits. The legal actions focus on products containing the sweetener allulose, following a pivotal FDA stance.
Last week, two new complaints were filed. The water brand Liquid Death and the maker of David protein bars each received class action lawsuits targeting their zero-sugar offerings. The lawsuits argue that consumers are misled because the products contain allulose.
FDA Guidance Opens Door to Litigation
The legal landscape shifted in August. A federal judge revived a complaint against yogurt giant Chobani over allulose in its sugar-free products. Chobani had relied on 2020 FDA guidance which stated the agency would not take enforcement action while developing final rules for allulose.
However, that guidance only protected companies from FDA enforcement, not consumer lawsuits. The judge allowed the Chobani case to proceed after the FDA filed an amicus brief. The agency stated that allulose is included under the legal definition of sugar.
This move has opened the door to the recent lawsuits against other companies. The complaint against David explicitly cites the Chobani case as a precedent.
The Scientific and Regulatory Conflict
At the heart of the dispute is a scientific classification. Allulose is a monosaccharide. FDA regulations define sugars as "the sum of all free mono- and disaccharides." Foods advertised as sugar-free must contain less than half a gram of sugar.
Companies contest this classification. They argue allulose should not be subject to sugar labeling rules due to its different physiological effects. Chobani stated this month that allulose does not add calories, raise blood sugar, or lead to cavities like traditional sugars.
Details of the New Lawsuits
The legal complaints provide specific allegations against the companies.
| Company | Product | Lawsuit Filed | Court | Key Allegation |
|---|---|---|---|---|
| Linus Technology MergerSub (David) | David protein bars | August 24 | U.S. District Court for the Northern District of California | Marketing bars as having zero grams of sugar; customers paid a premium and were "deprived of the benefit of their bargain." |
| Liquid Death | Sparkling energy beverages | August 25 | U.S. District Court for the Southern District of New York | Marketing drinks as sugar free; the beverages contain about 2 grams of allulose. |
Both lawsuits state that consumers could be misled by the zero-sugar branding. The complaint against David's maker argues customers paid more for what they believed were sugar-free products.
The lawsuit against Liquid Death focuses on its sparkling energy drinks. These beverages are marketed as sugar free but contain approximately 2 grams of allulose. The legal action challenges the validity of that label.
Food companies had relied on previous interpretations to market allulose-containing products as sugar-free. The FDA's recent clarification has upended that practice. More lawsuits are now likely as consumers and lawyers scrutinize product labels. For a broader look at regulatory actions, you can view our stats page, and to understand how these cases might develop, see our fixtures.
