CHICAGO (Legal Newsline) - Chobani says it is armed with approval from the FDA as it fights a class action lawsuit over whether allulose in its "Zero Sugar" yogurt qualifies as sugar.
The company filed a motion to dismiss July 28 in Chicago federal court in the lawsuit brought against it by four plaintiffs alleging consumer deception. The plaintiffs are represented by Rathje Woodward in Wheaton and The Burke Law Offices in Evanston.
Though the lawsuit alleges allulose is a naturally occurring sugar that sweetens items like raisins, maple sugar and brown sugar, Chobani says that's not the case.
"FDA has approved allulose as a sweetener, and FDA has advised the food industry that allulose should not be treated as a sugar for labeling purposes," the motion says.
"FDA has determined that allulose is not metabolized by the human body, does not affect glucose levels in the bloodstream, and does not lead to tooth decay. FDA has also recognized that the use of allulose as a sugar substitute may reduce sugar consumption and thereby improve public health."
Thus, the lawsuit seeks to replace the FDA's classification of allulose with the opinions of plaintiffs lawyers, Chobani says..
"In addition, Chobani also specifically sought - and received - approval of the formulation and labeling for its Zero Sugar yogurt from the FDA."
Naturally occurring sugars in the milk used for its yogurt are removed, Chobani says while noting guidance on allulose published by the FDA in 2020. That guidance announces the exclusion of allulose from the amount of total sugars and added sugars on nutrition labels.
"(W)e expect that the caloric contribution of allulose will be insignificant in most cases and will substantially reduce the amount of total calories and calories from added sugars in products where it replaces those added sugars," the FDA wrote.
Plus, in January 2022, Chobani applied for a marketing permit for its Zero Sugar yogurt. The application says its product is different from traditional yogurts because it uses ultrafiltered nonfat milk and non-nutritive sweeteners.
The application was approved on March 28. The lawsuit followed six weeks later, alleging allulose causes gastrointestinal issues, nausea, bloating, diarrhea and other stomach issues.
"Against this backdrop, it is straightforward to conclude that Plaintiffs' claims are preempted," the motion to dismiss says.
Chobani is represented by Andrew Tulumello of Weil, Gotshal & Manges in Washington, D.C., and Erik Ives of Fox, Swibel, Levin & Carroll in Chicago.