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Allulose explained · Last reviewed

Allulose class actions

One legal issue, many separate cases

On this page
  1. What does "proposed class action" mean?
  2. How large is the current allulose litigation wave?
  3. Why Franco v. Chobani matters
  4. Are all of the class actions making the same legal claim?
  5. Is there one nationwide class already?
  6. Can consumers "join" one of these cases?
  7. Is there an allulose MDL?
  8. Have any cases ended?
  9. Is there a settlement or certified class?
  10. Why this page is separate from the main allulose lawsuit page
  11. Frequently asked questions
  12. Sources

There is not one single allulose class action covering every manufacturer and every product.

The current litigation is a network of separate proposed class actions that share a recurring regulatory issue: how allulose interacts with claims such as "Zero Sugar," "Sugar Free," "0g Sugar," "No Added Sugar" and related statements.

We have identified 61 cases in this wave. 58 of them are verified or cross-checked and appear in our counts. The others are left out of our totals until stronger sources confirm them.

That is a more useful way to describe the landscape than a single headline count because the cases differ in defendant, product, label wording, jurisdiction and legal theory.

What does "proposed class action" mean?

A complaint filed as a class action asks the court to allow one or more named plaintiffs to represent a larger group of people with sufficiently similar claims.

It does not mean the court has already approved the class.

Federal Rule of Civil Procedure 23 sets the requirements for class certification.

Among other things, the court evaluates issues such as:

  • numerosity;
  • common questions;
  • typicality;
  • adequacy of representation;
  • the type of class sought;
  • predominance and superiority for many damages classes.

Until the court actually certifies a class, "proposed class action" or "putative class action" is generally more accurate than wording that implies class status is settled.

How large is the current allulose litigation wave?

As of October 3, 2026:

  • 58 cases are verified or cross-checked;
  • 27 brands are represented;
  • 28 product groups are represented;
  • verified cases span 12 federal districts;
  • those districts sit within 6 federal circuits.

The largest verified concentrations are currently in the Ninth and Seventh Circuits.

Where the cases are filed, by circuit

Verified cases by federal circuit, as of October 3, 2026. The Seventh Circuit, where Franco binds, is shown in black.

  1. Ninth Circuit26
  2. Seventh Circuit15
  3. Second Circuit7
  4. Eleventh Circuit5
  5. First Circuit3
  6. Third Circuit2
Franco is binding precedent for federal district courts in the Seventh Circuit and persuasive authority elsewhere. It does not decide every claim or establish liability. Source: Allulose Litigation case record, verified and cross-checked cases only. Last checked October 3, 2026.
View as table
Where the cases are filed, by circuit
GroupCases
Ninth Circuit26
Seventh Circuit15
Second Circuit7
Eleventh Circuit5
First Circuit3
Third Circuit2

Where the cases are filed

Verified cases by federal district court, as of October 3, 2026.

  1. N.D. Ill.15
  2. C.D. Cal.12
  3. N.D. Cal.9
  4. M.D. Fla.5
  5. E.D.N.Y.4
  6. D. Mass.3
  7. S.D. Cal.3
  8. S.D.N.Y.3
  9. D. Del.1
  10. D.N.J.1
  11. E.D. Cal.1
  12. W.D. Wash.1
Source: Allulose Litigation case record, verified and cross-checked cases only. Last checked October 3, 2026.
View as table
Where the cases are filed
GroupCases
N.D. Ill.15
C.D. Cal.12
N.D. Cal.9
M.D. Fla.5
E.D.N.Y.4
D. Mass.3
S.D. Cal.3
S.D.N.Y.3
D. Del.1
D.N.J.1
E.D. Cal.1
W.D. Wash.1

Several brands face multiple lawsuits.

The verified dataset currently includes five Welch's cases, four Liquid Death cases, four Ray's / Ken's Foods cases, four Grüns cases, and multiple cases involving Chobani, Liquid I.V., KIND, DAVID Protein, Trader Joe's and other brands.

Those numbers describe filed cases, not legal liability.

Cases by brand

Verified cases naming each brand, as of October 3, 2026.

  1. Welch's5
  2. Grüns4
  3. Liquid Death4
  4. Ray's / Sweet Baby Ray's4
  5. Chobani3
  6. DAVID Protein3
  7. KIND3
  8. Liquid I.V.3
  9. Trader Joe's3
  10. Emergen-C2
  11. Hero Bread2
  12. Joyride2
  13. Keto Foods2
  14. Magic Spoon2
  15. Nick's2
  16. Special K2
  17. Wholesome Yum2
  18. BODYARMOR1
  19. Conagra1
  20. Dunkin'1
  21. Goli1
  22. HighKey1
  23. Hormbles Chormbles1
  24. Kirkland Signature1
  25. Monin1
  26. Ryl1
  27. So Nourished1
This is litigation concentration, not a ranking of wrongdoing or liability. Source: Allulose Litigation case record, verified and cross-checked cases only. Last checked October 3, 2026.
View as table
Cases by brand
GroupCases
Welch's5
Grüns4
Liquid Death4
Ray's / Sweet Baby Ray's4
Chobani3
DAVID Protein3
KIND3
Liquid I.V.3
Trader Joe's3
Emergen-C2
Hero Bread2
Joyride2
Keto Foods2
Magic Spoon2
Nick's2
Special K2
Wholesome Yum2
BODYARMOR1
Conagra1
Dunkin'1
Goli1
HighKey1
Hormbles Chormbles1
Kirkland Signature1
Monin1
Ryl1
So Nourished1

Why Franco v. Chobani matters

Franco supplied the litigation with its most important appellate precedent so far.

The Seventh Circuit held in July 2026 that allulose falls within the federal regulation's definition of sugar because allulose is a monosaccharide and the regulation includes all free mono- and disaccharides.

The court also reversed the district court's preemption-based dismissal and held that the plaintiffs had plausibly alleged deception.

That decision did not certify a class.

It did not decide damages.

It did not create a nationwide allulose case.

It did not bind federal courts outside the Seventh Circuit in the same way it binds district courts within the circuit.

No.

We group the challenged wording into several recurring claim types:

  • Zero Sugar
  • Sugar Free
  • 0g Sugar
  • Zero Added Sugar
  • No Added Sugar
  • No Sugar Added
  • 0g Added Sugar
  • 0g Total Sugars

A single case can have multiple claim tags.

Which claims are challenged

Verified cases by the label claim family they challenge, as of October 3, 2026.

  1. Zero Sugar27
  2. 0g Sugar14
  3. Sugar Free12
  4. No Added Sugar9
  5. Zero Added Sugar8
  6. No Sugar Added5
  7. 0g Added Sugar4
  8. 0g Total Sugars1
A case can challenge more than one claim, so totals exceed the case count. Claim families group reported allegations; they are not findings. Source: Allulose Litigation case record, verified and cross-checked cases only. Last checked October 3, 2026.
View as table
Which claims are challenged
GroupCases
Zero Sugar27
0g Sugar14
Sugar Free12
No Added Sugar9
Zero Added Sugar8
No Sugar Added5
0g Added Sugar4
0g Total Sugars1

The distinction matters because different federal provisions may apply.

Claims such as "Zero Sugar" and "Sugar Free" are closely tied to 21 C.F.R. § 101.60(c)(1).

"No Added Sugar" claims are addressed separately in § 101.60(c)(2).

Cases involving a numerical "0g Total Sugars" statement can raise additional questions about Nutrition Facts treatment and numerical nutrient statements.

Is there one nationwide class already?

No nationwide allulose class has been identified as certified in the records we reviewed.

A complaint may propose a nationwide class, a state class, multiple subclasses or another class definition.

That proposed definition is part of the plaintiff's pleading. It is not the final class until the court acts.

Can consumers "join" one of these cases?

The word "join" can create confusion.

A consumer can contact a plaintiff law firm, provide purchase information or potentially seek to participate as a named plaintiff.

But absent class members in a Rule 23 damages class generally do not join by signing an ordinary web form.

If a class is certified, the court-approved notice process explains the class definition and opt-out rights.

If a settlement is approved, the settlement notice explains any claim process.

Attorney intake is different from class membership and different again from a settlement claim.

Is there an allulose MDL?

No allulose MDL has been identified in the records we reviewed.

An MDL is also not the same thing as a class action.

Multidistrict litigation is a federal procedure that can coordinate pretrial proceedings in related cases. A class action is a procedural device allowing representative litigation under Rule 23.

We do not use an MDL number unless the Judicial Panel on Multidistrict Litigation creates one.

Have any cases ended?

Yes, at least some individual matters have been voluntarily dismissed without prejudice.

We record the N.D. Illinois Magic Spoon case Freifeld v. Magic Spoon, Inc. as voluntarily dismissed without prejudice based on reporting about a filed notice.

The dataset also tracks an earlier Sweet Baby Ray's matter reported voluntarily dismissed without prejudice.

A voluntary dismissal does not by itself establish settlement, payment or a merits ruling.

The main Franco litigation moved in the opposite direction: the Seventh Circuit reversed dismissal, and the district-court matter shows post-remand activity.

Is there a settlement or certified class?

No verified class-certification order, court-approved category-wide settlement or universal claim form has been identified in the records we reviewed as of October 3, 2026.

But we have not obtained a complete same-day PACER docket for every one of the dozens of cases.

So those statements are always dated findings from the records we reviewed, not claims that nothing exists.

Why this page is separate from the main allulose lawsuit page

The two pages answer different questions.

Allulose Lawsuit explains:

What is the dispute and why is allulose being sued over?

Allulose Class Actions explains:

How do the separate proposed classes fit together, what has been certified, and what does joining or settling a class actually mean?

Frequently asked questions

How many allulose class actions are there?

We count 58 verified or cross-checked cases as of October 3, 2026.

Are all 58 certified class actions?

No. They are tracked proposed class-action cases. Filing a class complaint is not the same thing as obtaining class certification.

Is Franco v. Chobani the only allulose lawsuit?

No. It is the most important appellate case so far, but the verified dataset spans dozens of additional cases and many brands.

Do I have to sign up to be included in a class?

Not necessarily. That depends on the procedural posture and eventual class definition. Attorney intake is not the same thing as class membership.

Is there a settlement yet?

No court-approved category-wide settlement has been identified in the reviewed records as of October 3, 2026.

Sources cited in this guide (3)

Sources and further reading

Primary and court-derived sources are listed first. Secondary reporting is used for discovery and cross-checking.

Show all 2 sources

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