Smucker class action claims sugar-free hot fudge topping mislabeled

Smucker class action lawsuit overview:

• Who: Plaintiff Alexander Mercado filed a class action lawsuit against The J.M. Smucker Co.
• Why: Mercado claims Smucker misleads consumers by labeling its sugar-free hot fudge topping as being sweetened with Splenda.
• Where: The Smucker class action lawsuit was filed in New York federal court.

A new class action lawsuit accuses Smucker of misleading consumers by marketing its sugar-free hot fudge topping as sweetened with Splenda, even though the product is primarily sweetened with other, less desirable ingredients. 

Plaintiff Alexander Mercado claims Smucker’s Sugar Free Hot Fudge Spoonable Topping is primarily sweetened with maltitol syrup, glycerin and sorbitol despite the product’s label prominently stating it is “Sweetened with Splenda.”

“While [Smucker] states prominently on the front label of the products that they are ‘Sweetened with Splenda,’ there is hardly any Splenda in the products at all,” the Smucker class action lawsuit says.

Mercado argues Smucker’s labeling of the sugar-free hot fudge spoonable topping is ultimately misleading and that the company has profited from this deception. 

He wants to represent a class of New York consumers who purchased the Smucker product for personal, family or household consumption.

Consumers relied on Smucker’s labeling claims, class action says

Mercado argues he purchased the sugar-free hot fudge spoonable topping multiple times, relying on Smucker’s labeling claims, and that he would not have bought the product or would have paid less for it had he known the primary sweetener was not Splenda.

“Plaintiff and class members have been damaged either in the full amount of the purchase price of the products or in the difference in value between the products as warranted and the products as actually sold,” the Smucker class action lawsuit says. 

Mercado argues maltitol syrup is not calorie-free like Splenda and is known to cause digestive issues, including bloating, gas, diarrhea and stomach cramps.

Splenda, made from sucralose, is a popular sugar substitute because it has no calories and does not cause significant spikes in blood glucose or insulin, making it safe for diabetics, according to the Smucker class action. 

Mercado claims Smucker violated New York General Business Law, which prohibits deceptive acts or practices and false advertising.

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

In another Smucker lawsuit, a California federal judge said last year that he was leaning toward certifying a class of consumers claiming the company failed to disclose the risks posed by PFAS chemicals found in some of its pet food packaging.

Have you purchased Smucker’s Sugar Free Hot Fudge Spoonable Topping product? Let us know in the comments.

The plaintiff is represented by Joshua D. Arisohn of Arisohn LLC.

The Smucker class action lawsuit is Mercado v. The J.M. Smucker Co., Case No. 1:26-cv-04012, in the U.S. District Court for the Eastern District of New York.

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