- On August 24, 2026, two more companies were sued over claims of “0g sugar” where the products contain “allulose.”
- Earlier last month, the Seventh United States Circuit Court of Appeals in Illinois revived a proposed class action finding that allulose, a naturally occurring sweetener in yogurt, constitutes a sugar under federal regulations. The inclusion of allulose in the calculation of sugars would disqualify the product from being labeled as “sugar free” because the sugar content would exceed the “less than a half gram of sugar” requirement for such a label.
- FDA advises in its guidance The Declaration of Allulose and Calories from Allulose on nutrition and Supplement Facts Labels, it intend to exercise enforcement discretion for the exclusion of allulose from the amount of “Total Sugars” and “Added Sugars” declared on the label. For more information on FDA’s Final Guidance on Allulose, please see FDA Issues Final Guidance on Allulose and Solicits Information for Rulemaking on Nutrition Labeling for Sugars That are Metabolized Differently Than Traditional Sugars | The Daily Intake.
- These similar arguments are now being brought in the Northern District of California and Central District of California over “0g Sugar’ claims on energy drinks and “Zero Added Sugar” claims on cereals.
- All three cases are still in court. Keller & Heckman will continue to monitor lawsuits that target sugar claims on products that contain allulose.