Class Action Lawsuit Claims Smucker’s Sugar Free Hot Fudge Falsely Advertised as Sweetened With Splenda

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A proposed class action lawsuit claims that The J.M. Smucker Co. misleadingly markets its Smucker’s Sugar Free Hot Fudge Spoonable Topping as being sweetened with Splenda even though the product’s primary sweeteners are maltitol syrup, glycerin and sorbitol.

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According to the 11-page complaint, the product’s labeling prominently represents that the hot fudge topping is “[s]weetened with Splenda,” a sucralose-based sweetener often favored by consumers because it contains no calories and does not cause the significant blood sugar spikes or digestive issues associated with other sugar substitutes.

According to the lawsuit, the product’s front labeling communicates to consumers that the hot fudge’s primary sweetener is Splenda without disclosing that other sweeteners are used in greater amounts.

“Defendant’s labeling puts forth a straightforward, material message: the primary ingredient used to sweeten the Products is Splenda,” the filing asserts.

However, the complaint claims that Splenda, or sucralose, is actually the last-listed ingredient in the topping. Instead, maltitol syrup, glycerin and sorbitol—the first three ingredients listed—serve as the primary sweeteners, the suit says.

“In other words, while Defendant states prominently on the front label of the Products that they are ‘Sweetened with Splenda,’ there is hardly any Splenda in the Products at all,” the complaint alleges.

The lawsuit claims maltitol syrup, glycerin and sorbitol are considered “less desirable” sugar alternatives because they do not have the same benefits as Splenda. Per the suit, maltitol syrup and sorbitol are not calorie free like Splenda, and all three sugar substitutes are allegedly linked to adverse side effects. The case says the sweeteners can cause a host of digestive issues, such as bloating and diarrhea, and, for maltitol syrup, can raise blood sugar levels. The suit notes that glycerin can cause dehydration and headaches and is “particularly risky” for children in high amounts.

The plaintiff, a New York resident, says he purchased Smucker’s Sugar Free Hot Fudge multiple times, including in March 2026 from a Target store for approximately $3.50. The plaintiff claims that, had he known about the alleged misrepresentation, he would not have purchased the product or would not have been willing to pay as much for it.

Alleging violations of the New York General Business Law, the lawsuit claims The J.M. Smucker Co. has “profited enormously from its false and misleading representations.”

The J.M. Smucker Co. class action lawsuit looks to represent all individuals in New York who purchased Smucker’s Sugar Free Hot Fudge Spoonable Topping for personal or household consumption, and not for resale, during the maximum period allowed by law.

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