Magic Spoon ‘0g Total Sugars’ Protein Cereal Contain Sugar, Class Action Lawsuit Alleges

A proposed class action lawsuit alleges that Magic Spoon, Inc. has “healthwash[ed]” its protein cereals by falsely claiming that they contain “0g Total Sugars” when, in fact, the products contain allulose, which the case argues is classified as a sugar under food labeling standards.

The 28-page lawsuit claims that although Magic Spoon prominently advertises the protein cereals at issue as having “0g Total Sugars,” “0g Added Sugar” and “No Added Sugar,” each variety contains anywhere from five to 10 grams of the monosaccharide allulose, which the suit says is considered a sugar under applicable federal and Illinois food labeling guidelines.

The complaint highlights that allulose, a simple sugar, is the first-listed—and thus most predominant by weight—ingredient in the Magic Spoon Protein Cereals.

“Five to ten grams of sugar per serving is at least ten to twenty times the maximum amount of sugar (less than 0.5 grams) that federal and Illinois law permit in a product labeled ‘sugar free’ or ‘0g Total sugar,’” the class action lawsuit reads.

The lawsuit contends that even though allulose is a sugar that falls “squarely” into the Food and Drug Administration’s (FDA) codified definition of sugar, Magic Spoon attempts to capitalize on the desire of health-conscious consumers for sugar-free products by deploying prominent and misleading claims on the cereals’ packaging and the Magic Spoon website that they contain “0g Total Sugars.”

The suit argues that Magic Spoon’s zero-sugar claims are nothing more than “healthwashing”—the practice of making a product appear healthier than it is—to appeal to consumers and induce them to purchase the cereals at a price premium.

“Because the Products’ labels include deceptive and impermissible nutrient-content claims, the Products are ‘misbranded’ under federal law,” the filing states.

The products at issue in the Magic Spoon class action lawsuit include “0g Total Sugars” Protein Cereal in Fruity, Cocoa, Peanut Butter, Frosted, Blueberry Muffin, Honey Nut, Chocolate Chip Cookie, Birthday Cake, Cinnamon Crunch, and Maple Waffle flavors.

Allulose is a sugar and must be properly disclosed on product labels, case says

According to the case, the FDA’s definition of sugar states that “total sugars,” as disclosed on a product’s label, must include “the sum of all free mono- and disaccharides (such as glucose, fructose, lactose, and sucrose).” Consistent with that definition, the FDA stated in its 2016 Nutrition Facts guidance that allulose, “as a monosaccharide, must be included” in the total sugars declaration on a product label, the suit states.

The lawsuit also references a recent Seventh Circuit decision in Franco v. Chobani, LLC, which the complaint argues confirms the position that allulose is a sugar under federal food labeling regulations.

Importantly, the filing states that a food can only be lawfully described with nutrient-content claims such as “sugar free” or “0g Total Sugars” if it contains less than 0.5 grams of sugar per reference amount customarily consumed and per labeled serving.

Because each flavor of Magic Spoon Protein Cereal contains several grams of allulose, and because allulose is the first-listed and most predominant ingredient, the cereals cannot lawfully be described as free from sugar, the complaint attests.

Indeed, the lawsuit says that the amount of allulose in the cereals is 10 to 20 times the legally permissible amount for labeling a product with “0g Total Sugars.”

The complaint goes on to contend that although Magic Spoon includes a disclaimer on the products’ labels that states “adds a dietarily insignificant amount of sugar,” the disclosure is deceptive and misleading because the amount of allulose in the products is not a trivial or negligible amount of sugar.

Magic Spoon’s “no sugar” claims amount to “healthwashing,” class action lawsuit contends

The lawsuit argues that Magic Spoon’s no-sugar claims are a “classic” example of healthwashing, which is when a company makes a product appear healthier than it is in an attempt to induce consumers into making a purchase.

The suit cites a large clinical trial that found that consumption of allulose can cause uncomfortable gastrointestinal symptoms such as nausea, bloating, diarrhea and abdominal pain, while consumption of higher amounts of allulose were found to worsen the severity of such symptoms.

“The [p]roducts also intentionally contain no warning whatsoever about potential risks and the tendency to cause health risks,” the case says.

Who is eligible for the Magic Spoon class action lawsuit?

The Magic Spoon class action lawsuit looks to cover all individuals in Illinois who, during the maximum period of time permitted by law, purchased Magic Spoon Protein Cereal for their personal use.

The suit also seeks to cover a class of all individuals in Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington who, during the maximum period of time permitted by law, purchased Magic Spoon Protein Cereal for personal use.

How do I sign up for the Magic Spoon Protein Cereal lawsuit?

Generally, you don’t need to do anything to join or sign up for a class action lawsuit when it is initially filed. Should the case be resolved with a class action settlement, class members will typically receive written notice of the deal via mail and/or email with instructions on any next steps and details about their legal rights.

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