Chobani US 7th Circuit ruling allows class action lawsuit over no-sugar yogurt

• A class action lawsuit against Chobani alleging false advertising of its 'sugar-free' yogurt can proceed.
• The 7th Circuit Court ruled that allulose, a naturally occurring sweetener, is considered a type of sugar under FDA regulations.
• This decision may impact food manufacturers' labeling and advertising practices, particularly in states with consumer protection laws.

Chobani's argument that allulose did not qualify as 'sugar' under FDA regulations was rejected by 7th Circuit Judge Thomas Kirsch.

A class action lawsuit against Chobani alleging false advertising of its 'sugar-free' Greek-style yogurt can proceed, according to a ruling by the 7th U.S. Circuit Court of Appeals at Chicago. The plaintiffs, James and Abigail Franco, claimed they would not have purchased or paid less for the product if they had known about its sugar content. Chobani's argument that allulose, a naturally occurring sweetener, did not qualify as 'sugar' under FDA regulations was rejected by 7th Circuit Judge Thomas Kirsch.

The ruling clarifies the FDA's definition of 'sugar,' which includes all monosaccharides, including allulose. This decision may have implications for food manufacturers' labeling and advertising practices, particularly in states with consumer protection laws that regulate deceptive marketing claims. Chobani had argued that its product complied with FDA regulations, but the court found persuasive a brief submitted by the FDA emphasizing the inclusion of allulose as a type of sugar.

This ruling has significant implications for food manufacturers and their lawyers advising on labeling and advertising. The decision highlights the importance of accurately disclosing ingredients and their effects, particularly in the context of 'sugar-free' or low-sugar claims. As consumers become increasingly health-conscious, companies must ensure compliance with FDA regulations and state consumer protection laws to avoid costly lawsuits and reputational damage.

Lawyers advising food manufacturers on labeling and advertising should take note of this ruling, which clarifies the FDA's definition of 'sugar' and may impact compliance with state consumer protection laws.

Source: Original reporting via Reuters