YöPup Frozen Yogurt Cups Contain No Yogurt, Class Action Lawsuit Says
Klos v. TBD Brands, LLC
Filed: July 9, 2026 ◆§ 1:26-cv-03456
A class action lawsuit alleges that YöPup cups are falsely advertised since they do not contain yogurt as it is defined by federal regulations.
New York
A proposed class action lawsuit claims that TBD Brands, LLC falsely markets its line of YöPup Frozen Yogurt Cups, given that the dog treats do not contain the lactic acid-producing bacteria required under federal regulations for the product to be lawfully labeled as yogurt.
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The 19-page complaint contends that TBD Brands has misled consumers into believing that its banana and peanut butter-, apple juice and cheddar-, and pumpkin and bacon-flavored YöPup cups are yogurt-based dog treats that confer the gut-health benefits commonly associated with yogurt. However, the lawsuit alleges that independent testing revealed that the YöPup treats lack the bacteria necessary to ferment dairy into yogurt.
According to the complaint, the bacteria Lactobacillus delbrueckii subsp. bulgaricus and Streptococcus thermophilus are responsible for yogurt fermentation. When combined with dairy ingredients, these bacteria convert milk sugars into lactic acid, which gives yogurt its characteristic texture and digestive benefits, the filing explains.
The suit references federal food labeling regulations meant to prevent consumer deception and establish uniform standards. Under the Federal Food, Drug & Cosmetic Act, the complaint says, the standard of identity for yogurt by law requires yogurt to be produced by culturing dairy ingredients with a characterizing bacterial culture containing those bacteria.
The suit points to genome DNA testing conducted by an independent laboratory in February 2026. The testing, capable of detecting “the presence of even trace amounts of an organism in a sample,” allegedly found neither of the bacteria required for yogurt fermentation in YöPup products.
Despite the findings, YöPup’s packaging “prominently and unequivocally” represents the treats as yogurt products, the class action lawsuit says. TBD Brands, as the manufacturer and marketer of YöPup cups, knew or should have known that the treats did not contain yogurt and should not have been labeled as such, the complaint argues, noting potential violations of the New York General Business Law.
Related Reading: Target’s ‘Yogurt-Covered’ Snacks Do Not Contain Real Yogurt, Class Action Suit Claims
The case further claims that the presence of yogurt is particularly important in dairy-based products marketed for dogs as they generally lack sufficient lactase enzymes to digest dairy products, whereas the bacteria in yogurt fermentation naturally help break down lactose.
The suit also claims that the results of the independent testing are consistent with the product's “Guaranteed Analysis” back-label panel, which identifies the four microorganisms found in the product, none of which are the key lactic acid-producing bacteria in the federal definition of yogurt.
The YöPup class action lawsuit seeks to represent all individuals who purchased at least one of the products in New York during the applicable statute of limitations period.
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