Chobani to face class-action suit over zero sugar yogurt label
A federal appeals court ruled that Chobani must face a proposed class-action lawsuit alleging its 'zero sugar' yogurt label misled consumers. The 7th U.S. Circuit Court of Appeals in Chicago reinstated the lawsuit, holding that plaintiffs may pursue claims under state consumer protection statutes. The dispute centers on Chobani Zero Sugar yogurt, which contains four grams of allulose per serving. The FDA prohibits 'zero sugar' or 'sugar free' labels unless a product contains less than 0.5 grams of sugar per serving. The court was convinced by an FDA brief arguing that total sugars encompass all monosaccharides, including allulose. Judge Thomas Kirsch dismissed Chobani's argument that allulose falls outside the definition of sugar. The named plaintiffs, James and Abigail Franco, claim they would not have purchased the yogurt or would have paid less had they known the actual sugar content. Chobani maintains its labeling is accurate, noting the Nutrition Facts panel shows 0g total sugar. The case was sent back to district court for further proceedings.
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