Splenda ‘diabetes’ class action moves forward over false ad claims

Splenda class action lawsuit overview: 

• Who: A federal judge in California denied a motion to dismiss a class action lawsuit filed against the makers of Splenda, TC Heartland LLC. 
• Why: The judge determined consumers have standing for claims TC Heartland falsely advertised Splenda as a sugar alternative with health benefits. 
• Where: The class action lawsuit was filed in California federal court. 

A California federal judge denied a motion to dismiss a class action lawsuit filed against the maker of Splenda over claims their sugar alternative product was falsely advertised as having health benefits. 

The class action lawsuit claims TC Heartland LLC engaged in consumer fraud by marketing Splenda as having health benefits. However, the sugar alternative allegedly uses sucralose as a primary ingredient. Sucralose is a chemical the class action argues is harmful to diabetics. 

TC Heartland, meanwhile, argued, among other things, that the claims were preempted by the FDA’s determination “regarding the safety of sucralose.” Furthermore, they state the lawsuit relies on a “cherry-picked” collection of studies that don’t actually support the claim sucralose is unsafe. 

The judge determined, however that the claims made under state laws were not preempted by federal law. 

In an order denying the motion to dismiss, the judge said, “The Court agrees with plaintiffs that the FDA regulations cited by TC Heartland do not preempt plaintiffs’ state law claims.” 

Splenda purchasers have standing to bring claims, judge rules

The class action lawsuit was filed last year by a single plaintiff with type 2 diabetes. Law 360 reports that It was later amended to add three California residents, including another with type 2 diabetes, one who is pre-diabetic and one without diabetes. 

TC Heartland argued none of the plaintiffs had standing to bring the claims since they weren’t physically harmed. However, the judge ruled they had standing since they claimed they would have paid less for the Splenda or not purchased it at all 

The judge stated, “Plaintiffs here have adequately alleged an economic injury and have Article III standing to assert their claims.”

A consumer filed a separate class action lawsuit against TC Heartland in April over claims the company falsely labeled its Splenda Naturals Stevia Zero Calorie Sweetener product as “100% natural.” 

Have you purchased Splenda artificial sweetener? Let us know in the comments.

The plaintiff is represented by Bahar Sodaify, Shireen M. Clarkson, Alan Gudino and Ryan Ardi of Clarkson Law Firm PC.

The Splenda class action lawsuit is Prescott, et al. v. TC Heartland, LLC, Case No. 5:23-cv-04192, in the U.S. District Court for the Northern District of California.

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