Allulose in ‘Zero Sugar’ syrup sparks Kroger class action lawsuit

Kroger class action lawsuit overview:

• Who: Plaintiff Michael Newton filed a class action lawsuit against The Kroger Co.
• Why: Newton claims Kroger falsely labels its Simple Truth syrup “Zero Sugar,” even though its predominant ingredient is allulose, a sugar.
• Where: The Kroger class action lawsuit was filed in Illinois federal court.

A new class action lawsuit accuses Kroger of misleading consumers by marketing its Simple Truth maple-flavored syrup as “Zero Sugar” with “0g Added Sugar.”

Plaintiff Michael Newton, who filed the lawsuit on Oct. 14, argues the syrup actually contains sugar in the form of allulose, which, he says, is the product’s first-listed and predominant ingredient by weight.

Newton claims the syrup’s label discloses 22 grams of allulose per serving, many times the federal and Illinois limit of less than 0.5 grams of sugar for products labeled sugar-free. Because the Nutrition Facts panel also lists 0 grams of sugar, he argues consumers have no way to discover the product contains sugar.

The class action lawsuit alleges that the “zero” sugar claims in the maple-flavored syrup target health-conscious consumers. Newton says he relied on the “Zero Sugar” claim when he bought the syrup, paid a price premium for it and would not have purchased it otherwise.

Newton wants to represent an Illinois class of all persons in Illinois who bought the syrup for personal use. He also seeks to represent a multistate class of all persons in Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington.

Simple Truth maple-flavored syrup lawsuit leans on Seventh Circuit allulose ruling

Newton argues allulose is “a monosaccharide and therefore sugar under the applicable federal and Illinois labeling standards.”

He points to Franco v. Chobani, claiming the Seventh Circuit recently confirmed that allulose counts as a sugar under federal labeling regulations.

Law360 reports the Kroger case is among the latest in a wave of lawsuits relying on that July decision, which reinstated a proposed class action lawsuit accusing Chobani of deceiving shoppers with “sugar free” yogurt labels. The appeals court found federal rules clearly prohibit sugar-free labels on foods with half a gram of sugar or more and treat every monosaccharide, including allulose, as a sugar.

The class action lawsuit describes the case as “a classic occurrence of health-washing” or selling a product by making it appear healthier than it is. Newton claims Kroger violated Illinois and other states’ consumer fraud laws and was unjustly enriched.

The plaintiff demands a jury trial and requests declaratory relief, restitution and an award of actual, compensatory, statutory and punitive damages for himself and all class members.

Meanwhile, a consumer has accused Costco of “health-washing” its Kirkland Signature Hydration Electrolyte Drink Mix by labeling it sugar-free despite containing allulose.

Have you ever purchased Simple Truth maple-flavored syrup? Let us know in the comments.

The plaintiff is represented by Kevin Laukaitis of Laukaitis Law LLC.

The Kroger class action lawsuit is Newton v. The Kroger Co., Case No. 1:26-cv-12573, in the U.S. District Court for the Northern District of Illinois.

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