On May 29, 2025, on behalf of Chobani, Weil secured the complete dismissal of a putative class action filed in the Northern District of Illinois. The plaintiff and putative class alleges that Chobani’s flagship “Zero Sugar” product was falsely labeled because it contains allulose, a sugar substitute that fits the chemical definition of sugar but which is metabolized by the body differently than traditional sugars. Allulose is a new sweetener that will enable Chobani and other food companies to offer zero calorie versions of great tasting products.    

Judge John J. Tharp issued a 43-page opinion dismissing plaintiffs’ claims on preemption grounds. Notably, the Court accepted that Auer deference survives the Supreme Court’s decision in Loper Bright, and that an FDA guidance document stating that the agency will exercise enforcement discretion against companies that exclude allulose from their sugar totals on nutrition labels is entitled to Auer deference. The Court held that FDA’s interpretation was entitled to deference because it was a reasonable interpretation of existing regulations and represented the agency’s fair and considered judgment. Given these holdings, the Court concluded that Chobani’s Zero Sugar products did not violate FDA regulations and were affirmatively authorized under federal law. As a result, the Court dismissed plaintiffs’ state-law mislabeling and deception claims with prejudice. This is the first case addressing the proper labeling of allulose in the food and beverage industry.     

The Weil team was led by Co-Chair of Weil’s global Litigation Department Drew Tulumello, and included Complex Commercial Litigation partner Arianna Scavetti and associate Sebastian Laguna.