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HomeInsuranceIndustry & DealsChobani faces revived class action over “zero sugar” y…

Chobani faces revived class action over “zero sugar” yogurt claim

A federal appeals court said consumers can pursue state consumer protection claims, given the FDA rule that “zero sugar” labels require under 0.5 grams of sugar per serving.

Insurance Journal reports that a federal appeals court revived a proposed class action accusing Chobani of misleading consumers by labeling some Greek-style yogurt as sugar free.

According to the 7th U.S. Circuit Court of Appeals in Chicago, the Chobani Zero Sugar yogurt contained four grams per serving of allulose, and the court found the plaintiffs could argue Chobani violated state consumer protection laws under FDA guidance on how total sugars are defined on Nutrition Facts panels.

The decision, issued July 27 by a three-judge panel, addressed Chobani’s argument that allulose should not count toward the sugar measurement, with the court citing an FDA brief that said total sugars include all monosaccharides, including allulose.

The named plaintiffs, James Franco and Abigail Franco, said they bought Chobani Zero Sugar yogurt at a Costco near Chicago in 2023 and would not have purchased it or would have paid less if they had known the yogurt’s sugar content. Chobani said its Nutrition Facts panel shows 0g total sugar and 0g added sugar, while calling allulose a naturally occurring non-sugar sweetener.

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