Brand coverage · Last reviewed
Keto Foods allulose lawsuits
The short answer
- Two verified proposed class actions challenge “Zero Added Sugar” claims on Keto Zero Added Sugar ice cream pints and bars.
- Rule in play: 21 C.F.R. § 101.60(c)(2) (the no-added-sugar rule, which Franco did not decide).
- None of these cases is in the Seventh Circuit, so Franco v. Chobani is persuasive authority only.
- No liability finding, class certification or court-approved settlement has been identified in the records reviewed as of October 3, 2026.
Keto Foods at a glance
- Verified cases
- 2
- Federal districts
- 2
- Circuits
- 2
- Classes certified*
- None identified
- Settlements*
- None identified
Latest filing September 18, 2026. * In the records reviewed as of October 3, 2026; not a complete same-day docket review. Settlement status explained
This page is built from the structured case record. A full editorial guide to the Keto Foods cases has not been published yet. Allegations are not findings of fact.
On this page
The Keto Foods cases we track
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
- Sep 18, 2026 · C.D. Cal.Savage et al. v. Upstar Nutrition, Inc. d/b/a Keto Foods
2 cases, newest filing first
| Filed | Case | Wording challenged | Court | Franco is | 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. | Persuasive | Complaint filed | |
| Carter et al. v. Upstar Nutrition, Inc. d/b/a Keto FoodsNo. 6:26-cv-01951 | “Zero Added Sugar” | M.D. Fla. | Persuasive | Reported pending |
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Open the Keto Foods cases in the case tracker
Records reviewed through October 3, 2026. Verified totals include only supported core labeling cases. Sources and methodology.
The rule in play
The federal rule treats “sugar free” and “no added sugar” claims under separate subsections. Claim families below come from our case record; they group reported allegations.
21 C.F.R. § 101.60(c)(2)
Zero Added Sugar
Not decided in Franco: The no-added-sugar rule, § 101.60(c)(2). Franco v. Chobani addressed the sugar-free rule, not this one.
Franco v. Chobani held that allulose falls within the federal definition of sugar for the regulation it interpreted. It did not decide liability, and its binding effect is limited to the Seventh Circuit.
Keto Foods: product groups
Keto Zero Added Sugar ice cream pints and bars
“Zero Added Sugar”
Product groups summarize allegations in the reviewed cases. A listed product does not establish class membership, payment eligibility, or that every flavor or variant is challenged.
Sources for this module
- Keto Zero Added Sugar Ice Cream Pints and Bars (Secondary source)
- Savage v. Upstar Nutrition, Inc. dba Keto Foods (Court-derived docket index)
- Carter v. UpStar Nutrition, Inc. (Court-derived docket index)
Keto Foods: status in reviewed records
Savage et al. v. Upstar Nutrition, Inc. d/b/a Keto Foods
No later outcome identified in reviewed sources
Public status review incomplete. Checked October 3, 2026. No sufficiently current public procedural source was located in this pass. Do not describe this as a same-day current docket status.
Carter et al. v. Upstar Nutrition, Inc. d/b/a Keto Foods
Pending, as reported by a secondary tracker
Recent secondary tracker report. Checked October 3, 2026. This is the latest status supported by the public sources reviewed. It is not represented as a complete same-day PACER docket review.
Public docket indexes and secondary tracker reports do not establish the contents of the complete current court docket.
Sources for this module
- Keto Zero Added Sugar Ice Cream Pints and Bars (Secondary source)
- Savage v. Upstar Nutrition, Inc. dba Keto Foods (Court-derived docket index)
Settlement and claims-process review
No verified court-approved settlement identified in the records reviewed as of October 3, 2026.
No verified class certification identified in the records reviewed as of October 3, 2026.
No verified court-approved claim form identified in the records reviewed as of October 3, 2026.
The reviewed sources do not represent a complete same-day PACER review of every docket. A proposed class is not a certified class, and dismissal alone does not establish a settlement.
Background reading
Source record
Primary and court-derived sources are listed first. Secondary reporting is used for discovery and cross-checking.
Show all 3 sources
- Savage v. Upstar Nutrition, Inc. dba Keto FoodsCourt-derived docket index · Justia Dockets · Sep 18, 2026 · Reviewed Oct 3, 2026
- 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