Trader Joe's and Welch's Sued Over 'Sugar-Free' Claims

Grocery giant Trader Joe’s and fruit snack maker Welch’s are facing multiple federal class-action lawsuits that claim their products marketed as “sugar-free” or “no sugar added” are misleading because they contain allulose.

The lawsuits center on the use of allulose, a low-calorie sweetener, which plaintiffs argue is legally and chemically a sugar. A proposed class-action lawsuit filed against Trader Joe’s in Illinois federal court alleges that the store’s “no sugar added” dark chocolate chips are sweetened with allulose. The complaint, filed on September 16, contends that allulose is a monosaccharide, or simple sugar, and therefore falls within the regulatory definition of sugar.

Plaintiffs in the Trader Joe's suit claim that allulose is not a minor ingredient, noting it is listed second on the ingredients label of the chocolate chips, after unsweetened chocolate and before cocoa butter. The plaintiffs, Erin Alexander and Hailey Worthy, accuse Trader Joe’s of “health washing” to attract health-conscious consumers.

“Defendant made its Representations about ‘No Sugar Added’ to its Product in order to induce health-conscious consumers, like Plaintiffs, to purchase the Product,” the complaint states. “But these representations are categorically misleading and false.” The consumers assert they would not have purchased the chocolate chips, or would have paid less, had they known allulose was an ingredient.

Separately, four lawsuits filed in California, Illinois, and New York target Welch’s Zero Sugar Fruity Bites, including Mixed Fruit, Berries ‘N Cherries, and Island Fruits varieties. These lawsuits similarly allege that the snacks are marketed as sugar-free despite the use of allulose as a sweetener.

The proposed Welch's suit seeks to represent consumers who purchased the product in Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington. The plaintiffs are seeking compensatory, statutory, and punitive damages, along with restitution and attorney’s fees.

The lawsuits do not necessarily claim that allulose has the same metabolic effects as regular sugar. Instead, the core argument is that companies cannot advertise products as containing no sugar or no sugar added if they use an ingredient that meets the regulatory definition of sugar.