Four Magic Spoon class action lawsuits allege cereals contain sugar despite zero-sugar claims

Magic Spoon class action lawsuits overview:

• Who: Four consumers filed separate class action lawsuits against Magic Spoon Inc.
• Why: They claim Magic Spoon’s “0g Total Sugars” cereals contain allulose, which they argue is a sugar.
• Where: Three of the lawsuits were filed in New York federal court and one in Illinois federal court.
• How to get help: If you bought certain products with “zero sugar” or “no added sugar” claims, you may qualify to participate in a no added sugar lawsuit investigation.

Four consumers are suing Magic Spoon over allegations the company’s zero-sugar cereals actually do, in fact, contain sugar.

The plaintiffs allege the cereals contain allulose, which is a simple sugar or monosaccharide. They say it counts as sugar under federal labeling rules, which allow a zero-sugar claim only when a serving contains less than half a gram.

The class action lawsuits were filed between Aug. 19 and Sept. 23. Three were filed in New York federal court, where Magic Spoon is headquartered, and one in Illinois federal court. Two plaintiffs live in California and two live in Illinois, including one Illinois resident who sued in New York.

Each plaintiff claims they paid a premium for cereal they would not have bought, or would have paid less for, had they known the truth. 

Two complaints cite a July 7th Circuit ruling finding allulose is a sugar in a similar case against yogurt maker Chobani.

In one complaint, plaintiff David Freifeld argues: “There is no such thing as ‘sugar-free’ allulose; it does not exist.”

The proposed classes vary. Two of the allulose lawsuits seek nationwide classes of consumers who bought the cereals for personal use, with California or Illinois subclasses. A third proposes Illinois and eight-state classes, and the fourth covers only California residents who bought the products.

Allulose lawsuits target FDA disclaimer, online ads and pricing

In her class action lawsuit, plaintiff Bianca Mirzaian challenges a small-print label statement saying the U.S. Food and Drug Administration (FDA) does not consider allulose a total or added sugar for nutrition labeling. The complaint argues the label overstates a limited, nonbinding FDA enforcement policy. 

“In other words, [the] defendant told consumers not to worry about allulose being a sugar before they even encountered it in the nutrition facts panel,” the complaint says.

Freifeld’s complaint also targets video ads and Amazon listings that promote the cereals as sugar-free. It cites a Food Network review pricing the cereal at $8 to $10 per box, two to three times the price of a typical sugary cereal.

The other two Magic Spoon class action lawsuits frame the labeling as “health-washing.” They argue allulose works like sugar in food by adding bulk, texture and browning.

Together, the class action lawsuits accuse Magic Spoon of violating state consumer protection laws, breach of express warranty and unjust enrichment, with one adding implied warranty and fraud claims. 

All four plaintiffs demand a jury trial and seek damages, restitution and declaratory relief, and three also request an injunction.

Have you ever purchased Magic Spoon cereal labeled “0g Total Sugars”? Let us know in the comments.

Plaintiff Mirzaian is represented by Adrian Gucovschi of Gucovschi Law Firm PLLC. Plaintiff Sabrina Royal is represented by Kevin Laukaitis of Laukaitis Law LLC. Plaintiff Maryam Kazemi is represented by Andrew Shamis and Katherine Phillips of Shamis & Gentile P.A. and Scott A. Edelsberg and Gabriel Mandler of Edelsberg Law P.A. Plaintiff Freifeld is represented by Raphael Janove of Janove PLLC and Valter Malkhasyan and Erik Pogosyan of Malk & Pogo Law Group LLP.

The Magic Spoon class action lawsuits are Mirzaian v. Magic Spoon Inc., Case No. 1:26-cv-07075; Kazemi v. Magic Spoon Inc., Case No. 1:26-cv-08238; and Freifeld v. Magic Spoon Inc., Case No. 1:26-cv-08281, all in the U.S. District Court for the Southern District of New York; and Royal v. Magic Spoon Inc., Case No. 1:26-cv-10993, in the U.S. District Court for the Northern District of Illinois.

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