Sweet Baby Ray’s Lawsuit Alleges ‘No Sugar Added’ Barbecue Sauces, Marinades Are Falsely Advertised

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A proposed class action lawsuit alleges Ken’s Foods, LLC has misled consumers by falsely advertising that certain Sweet Baby Ray’s “No Sugar Added” barbecue sauces, dipping sauces and marinades do not contain added sugars. 

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The 19-page lawsuit asserts that certain Sweet Baby Ray’s “No Sugar Added” products are misleadingly marketed with front-label representations that the barbecue sauces, dipping sauces and marinades do not contain added sugar, even though they contain allulose, which the case argues qualifies as a sugar under applicable federal food-labeling guidelines.

According to the filing, health-conscious consumers seek out products without added sugar to support their health, control weight and blood sugar levels, and reduce calorie and sugar intake. As a result, consumers are willing to pay more for products that they reasonably believe contain no added sugar, and food manufacturers such as Ken’s Foods have responded by introducing products that purportedly contain less sugar, the case states.

However, the lawsuit argues that marketing and advertising materials for the Sweet Baby Ray’s “No Sugar Added” sauces and marinades are misleading to consumers, as each of the products at issue contains allulose, a monosaccharide, or simple sugar, that is often used in place of table sugar as a lower-calorie sweetener in foods and, according to the case, qualifies as a sugar under federal food labeling guidelines.

Further, the case says that the Food and Drug Administration’s labeling requirements only permit claims that a food product does not contain added sugars if no sugars, or ingredients that contain added sugars, were added to the food during processing or packaging. Because allulose is added as a standalone ingredient during the manufacturing process, the sauces and marinades cannot be lawfully described as free from added sugars, the complaint says.

Indeed, reasonable consumers would not be able to determine that the sauces and marinades contain added sugar by looking at the products’ front labels, as there are no disclaimers or asterisks that would qualify the “No Sugar Added” claim, per the case.

The lawsuit adds that the products’ ingredients list does not “preclude consumer deception,” as the average consumer does not know that allulose is a sugar and would be unable to detect that the presence of allulose meant the products were not free from added sugar as represented.

The Sweet Baby Ray’s class action lawsuit looks to cover all people in the United States who purchased Sweet Baby Ray’s “No Sugar Added” barbecue and dipping sauces and marinades in Original, Sweet and Smoky, Sweet and Spicy, Honey Mustard, and/or Teriyaki flavors for personal or household use.

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