Chobani and Fage Face Class Action Lawsuits over Sugar Content

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With the growing popularity of a new food product that is purportedly healthier than other snacks will also inevitably come more scrutiny. This has led to a pair of similar class action lawsuits being filed last week against Fage Dairy Processing SA and Chobani LLC, alleging that the companies deceptively labeled their Greek yogurt products to hide how much sugar they contain.

According to the plaintiffs in the Fage class action lawsuit, the Fage yogurt products have prominent labeling that includes “Total 0%” on its packaging, something they allege is likely to mislead consumers about the nutritional value of their Greek yogurt. The Fage Greek yogurt class action lawsuit argues that to the reasonable consumer, that would mean no sugar, like products such as Coke Zero and Pepsi Max. Instead, it actually refers to the amount of fat in the yogurt, which can contain about as much sugar as an ice cream bar, the Fage class action lawsuit says.

Further, the Fage defendants “intend to create consumer confusion by causing consumers to impute any meaning to the 0%,” a term “that is false and misleading giving its vagueness.” As a result, the two plaintiffs seek to represent a nationwide class of consumers who purchased Fage Greek yogurt that contained the zero, 0 or “Total 0%” phrasing as noted in the complaint.

The Chobani class action lawsuit delves into a similar, but slightly different legal issue. The Food and Drug Administration has recently requested comment on whether or not the term “evaporated cane juice” can be used as an alternative to sugar on ingredient lists. Plaintiffs who purchased Chobani Greek yogurt argue that pursuant to the current FDA regulations, using the term evaporated cane juice in the ingredient list is unlawful.

In addition to that, there is similar labeling regarding 0%, and the Chobani Greek yogurt class action lawsuit argues similar theories, specifically that there are significant amounts of sugar. On one label, it is listed as 16 grams, but at 0 percent of the recommended daily value of sugar. There is no recommended daily value for sugar, but the American Heart Association estimates that added carbohydrates increase daily caloric intake by about 355.

The plaintiffs are represented by C.K. Lee of Lee Litigation Group PLLC.

The Greek Yogurt False Advertising Class Action Lawsuits are Barry Stoltz, et al. v. Fage Dairy Processing, S.A., et al., Case No. 14-cv-3826, and Stoltz, et al. v. Chobani LLC, et al., Case No. 14-cv-3827, both in the U.S. District Court for the Eastern District of New York.

UPDATE: On Sept. 28, 2016, a federal judge refused to dismiss in its entirety a class action lawsuit alleging Fage Greek Yogurt includes a deceptive “Total 0%” phrase on its label. However, the judge did throw out a negligent misrepresentation claim and a claim for injunctive relief.