Keto Foods allulose lawsuits · Last reviewed · Cross-checked sources
Carter et al. v. Upstar Nutrition, Inc. d/b/a Keto Foods
A proposed class action challenging “Zero Added Sugar” claims on Keto Zero Added Sugar ice cream pints and bars, as reported in reviewed sources. Filed September 1, 2026 in the U.S. District Court for the Middle District of Florida.
Where it stands
Pending, as reported by a secondary tracker
As of October 3, 2026. Basis: recent secondary tracker report. This is the latest status supported by the public sources reviewed. It is not represented as a complete same-day PACER docket review.
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How Franco applies here
By court
Persuasive
This case is in the Eleventh Circuit. Franco v. Chobani is a Seventh Circuit ruling, so it does not bind this court.
By rule: Zero Added Sugar
Not decided
The no-added-sugar rule, § 101.60(c)(2). Franco v. Chobani addressed the sugar-free rule, not this one. Rule cited: 21 C.F.R. § 101.60(c)(2).
What the complaint challenges
According to reviewed sources, the complaint challenges “Zero Added Sugar” claims on Keto Zero Added Sugar ice cream pints and bars. This is the wording as reported in those sources. It has not yet been checked against the complaint or the package itself.
Our record groups this as Zero Added Sugar. The related federal rule is 21 C.F.R. § 101.60(c)(2). How these label claims differ.
Allegations are not findings of fact.
Timeline
Material events supported by sources. This is not a complete docket history.
Complaint filed.
Source: Truth in Advertising (secondary source); Justia Dockets (court-derived docket index)
What this case does not establish
- The complaint’s allegations are claims, not findings of fact.
- A proposed class is not a certified class. Classes certified: none identified in the records reviewed as of October 3, 2026.
- Court-approved settlements: none identified. Claim forms: none identified. Both in the records reviewed as of October 3, 2026.
- The pending status reflects a recent secondary tracker report. It is not a complete review of the current docket.
- Being on this page does not mean any reader qualifies for compensation. There is no claims process to join through this site.
The Keto Foods cases
Separate dockets with their own courts and procedural histories. All Keto Foods allulose lawsuits.
Filed after Franco
Verified Keto Foods cases by filing date, July 27, 2026 to October 3, 2026. All two filed within 8 weeks of the ruling.
- Jul 27, 2026Franco v. Chobani: the Seventh Circuit reverses the dismissal
- Sep 1, 2026 · M.D. Fla.Carter et al. v. Upstar Nutrition, Inc. d/b/a Keto Foods This case
- Sep 18, 2026 · C.D. Cal.Savage et al. v. Upstar Nutrition, Inc. d/b/a Keto Foods
1 case, newest filing first
| Filed | Case | Wording challenged | Court | Latest supported status |
|---|---|---|---|---|
| Savage et al. v. Upstar Nutrition, Inc. d/b/a Keto FoodsNo. 8:26-cv-02684 | “Zero Added Sugar” | C.D. Cal. | Complaint filed |
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Background reading
Source record
Primary and court-derived sources are listed first. Secondary reporting is used for discovery and cross-checking.
- Carter v. UpStar Nutrition, Inc.Court-derived docket index · Justia Dockets · Sep 1, 2026 · Reviewed Oct 3, 2026
- Keto Zero Added Sugar Ice Cream Pints and BarsSecondary source · Truth in Advertising · Reviewed Oct 3, 2026