- Another cereal company has been hit with a lawsuit (Law360 subscription required) for labeling its product using the claims “0g total sugars,” “0g added sugar” and “no added sugar” despite containing allulose. According to the lawsuit, Magic Spoon is “healthwashing” its cereal product, or making the product appear healthier than it is, by making these claims.
- The lawsuit was filed in Illinois, where the Seventh United States Circuit Court of Appeals in June found that allulose is considered a sugar under federal regulations, as we previously blogged. According to the Court in that decision, because the inclusion of allulose in the calculation of sugars would cause the sugar content to exceed the “less than half a gram of sugar” requirement for a “sugar free” label, the product at issue—yogurt—did not qualify to use the claim.
- Here, the plaintiff alleges that Magic Spoon’s labeling indicates that the cereals contain between five and ten grams of allulose per serving, depending on flavor. Thus, according to the plaintiff, the products do not qualify for a “sugar free” or “0g Total sugar” claim.
- Notably, FDA has stated that it intends to exercise enforcement discretion for the exclusion of allulose from the amount of “total sugars” and “added sugars” on the label.
- Keller and Heckman will continue to monitor this lawsuit and others that target sugar claims on products containing allulose.