Chobani Class Action Alleges ‘Zero Sugar’ Yogurt Loaded with Sugar Substitute Allulose

A proposed class action alleges Chobani has deceived consumers since its “Zero Sugar” yogurt, in truth, “contains quite a lot of sugar” in the form of allulose.

The 95-page complaint alleges Chobani has sold to millions of unsuspecting consumers a product that is “intentionally mislabeled,” in violation of “a whole host of laws” nationwide.

“It is also just plain wrong,” the case, filed on May 15 in Illinois, says.

According to the complaint, every serving of Chobani Zero Sugar yogurt is sweetened with four grams of allulose, a naturally occurring sugar found in figs, raisins, wheat, maple syrup and molasses. The lawsuit emphasizes that there is no such thing as “zero sugar” allulose and alleges Chobani has “peddle[d] this contradiction” by way of misleading packaging statements and product labels.

“This deception earned [Chobani] many millions of dollars, while doing substantial damage to a broad class of consumers across the country,” the suit charges.

Allulose fits FDA definition of sugar, case says

Although Chobani’s product labels for its Zero Sugar yogurt focus prominently on the products’ purportedly non-existent sugar content, “[t]his is all a complete deception,” the suit says, stressing that added allulose is the source of sweetness for Chobani Zero Sugar yogurt.

Allulose “falls squarely within the Food and Drug Administration’s codified definition of sugar,” the suit states, noting that the FDA has for years required allulose to be disclosed on product labels within declarations for total sugars and added sugars.

Tate & Lyle, which manufactures most commercial-grade allulose, has also acknowledged in multiple FDA filings that the naturally occurring substitute is properly classified as a sugar, the case relays.

“Chobani Zero Sugar yogurt with allulose is really just yogurt sweetened with sugar; its very name is a lie,” the complaint argues.

Specifically, the lawsuit alleges Chobani Zero Sugar is misbranded under federal law given that nutrient content claims such as “zero sugar” or “no sugar” are expressly forbidden unless specifically allowed by FDA regulations, one of which specifies that a food must contain less than 0.5 grams of sugar per reference amount customarily consumed in order to be labeled with such claims. Chobani has violated these regulations by failing to include allulose in its sugar-content calculations, the case claims.

“When allulose is properly included as a sugar, the yogurt far exceeds the 0.5 gram threshold,” the lawsuit shares.

Lawsuit highlights possible negative health effects of allulose

According to the case, there are “important differences” between consuming a food that contains allulose and a “no sugar” food. Although allulose has become popular with food manufacturers in light of research that suggests the sugar substitute may be a better alternative for some people, there are significant caveats and exceptions to these findings, the suit says.

For example, while some studies have concluded that allulose has less harmful effects on the blood glucose level of healthy people when ingested and metabolized, those studies have concluded that ‘dose difference of allulose may result in a different effect,’ ‘the effect may differ by race as well as gender,’ and ‘there might be a difference between a liquid form and a solid form’ of allulose. Studies have concluded that further research is also needed to ‘factor into effects [of] the timing of an intake and its ratio of allulose in a meal’ and experts have concluded that ‘more research needs to be done.’”

Allulose consumption can also cause nausea, bloating, diarrhea and abdominal pain, the suit claims, citing a large clinical trial that found that consumption of allulose, compared to that of cane sugar, caused “significantly higher frequencies” of gastrointestinal effects.

Consumers must dig online to find truth about Chobani sugar content, suit says

For a consumer to discover that Chobani Zero Sugar yogurt contains allulose, they would have to “do some digging” on the company’s website, particularly in the “products” section wherein they can explore the “net carbs” calculation for the yogurt, the filing says. In a footnote, Chobani reveals that every 5.3-ounce serving of its Zero Sugar yogurt contains four grams of allulose, an amount that is, by itself, eight times greater than the FDA “zero sugar” limit, the suit shares.

“Misleading people about what they are buying and putting into their bodies is wrong,” the lawsuit scathes. “When it is done by a nationwide food manufacturer who is intentionally deceiving consumers across the country, it constitutes consumer fraud.”

Chobani’s sale of “zero sugar” yogurt linked to 2021 IPO, suit claims

As the lawsuit tells it, for nearly all of the approximately 7,000 years in which yogurt has existed, there has been no such thing as “zero sugar yogurt,” namely because milk itself contains sugar in the form of lactose. However, this changed in 2021 when Chobani, a private company since its founding, began to consider an initial public offering (IPO), the suit says.

The filing claims that Chobani released its “zero sugar” yogurt into the market as a means to “maximize sales and obtain the largest possible profit from its IPO,” proclaiming on product labels, “We did it – we took the sugar out of the milk!”

Per the case, the release of Chobani Zero Sugar yogurt was “a big deal” for the company as it became the first nationally distributed yogurt-aisle product labeled as “no sugar.” Despite the optics, the filing relays, this was no more than “a deliberate marketing strategy meant to capitalize on consumer demand,” as it is common knowledge that buyers strongly desire “zero sugar” or “no sugar” products amid healthy eating trends.

“Tricking consumers into believing Chobani Zero Sugar actually contained zero sugar was also key to Chobani’s strategy to grow sales, and was a key selling point when marketing the Chobani IPO to potential new shareholders,” the case summarizes.

According to Reuters, Chobani, after an initial delay earlier in 2022, halted its IPO plans last September, apparently due to sluggish stock market conditions at the time. The filing notes, however, that the company’s IPO filing with the U.S. Securities and Exchange Commission (SEC) was “replete with references to Chobani Zero Sugar,” highlighting the product as a key cog in the company’s growth.

Who’s covered by the Chobani lawsuit?

The lawsuit looks to represent all consumers in the United States and its territories who have purchased, other than for resale, Chobani Zero Sugar yogurt.

I’ve bought Chobani Zero Sugar yogurt. Can you add me to the suit?

There’s nothing you need to do to join, add yourself to or sign up for the proposed class action lawsuit detailed on this page. In general, it’s only if and when a case settles that the “class members” covered by the case will need to act. This typically involves filling out and filing a claim form online or by mail. It is not uncommon for the people covered by the case to be notified directly about any settlement.

If you’ve bought Chobani Zero Sugar yogurt, or simply want to stay in the loop on class action lawsuit and settlement news, sign up for ClassAction.org’s free weekly newsletter.