A federal appeals court on July 27 revived a case challenging Chobani’s marketing of its yogurt as free of sugar, even though it had allulose, a sweetener.
“The federal requirements at issue are plain—food products cannot be labeled sugar free unless they have less than half a gram of sugar, and sugars include every monosaccharide, including allulose,” Circuit Judge Thomas Kirsch wrote for the unanimous panel of judges on the U.S. Court of Appeals for the Seventh Circuit.
Residents of Arizona, Illinois, and Kansas in 2023 sued Chobani over its labeling, which includes statements that products have “zero sugar” or “no sugar.” That was deceptive because each serving contained four grams of allulose, a naturally occurring sugar found in products such as figs and maple syrup, the class-action complaint alleged….