After an FDA amicus brief counted allulose as sugar, the 7th Circuit revived a Chobani Zero Sugar suit over 4 grams of allulose per serving and helped trigger a wave of allulose “zero sugar” class actions
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On July 27, 2026, the Seventh Circuit put a yogurt label back in front of a jury pool, holding in Franco v. Chobani, LLC, No. 25-2087, that federal law does not preempt state consumer claims against a “zero sugar” product containing roughly 4 grams of allulose per serving, after the Food and Drug Administration filed an amicus brief telling the court that allulose is, under the agency’s own labeling regulation, a sugar. Jason and Abigail Franco bought Chobani Zero Sugar yogurt
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