Chobani’s ‘45% Less Sugar Than Other Yogurts’ Claim Is Misleading, Class Action Suit Says
by Erin Shaak
Brietzke et al. v. Chobani, LLC
Filed: December 31, 2020 ◆§ 1:20-cv-11097
Chobani, LLC’s claim that some of its Greek yogurts contain “45% Less Sugar” than other yogurts is misleading to consumers, a proposed class action alleges.
Chobani, LLC’s claim that some of its Greek yogurts contain “45% Less Sugar” than other yogurts is misleading to consumers, a proposed class action alleges.
According to the 13-page suit, the sugar reduction claim is based on Chobani’s “cherry-picking” of certain data and exclusion of yogurts sweetened with non-nutritive sweeteners such as plant-derived stevia and monk fruit.
As a result of Chobani’s representations, consumers have chosen the company’s products over other, possibly more nutritionally appropriate yogurts that might help with the reduction of sugar consumption. Moreover, those who have bought Chobani’s “less sugar” yogurt have received a product that contains more sugar than they expect, the case says.
A growing awareness of health problems associated with excessive sugar consumption has led consumers to have a preference for products with little or no added sugar, the complaint relays. While nutritive sweeteners like traditional white table sugar and honey contain calories, non-nutritive sweeteners, such as plant-based stevia and monk fruit extract, provide sweetness with little to no calories, the suit says. Per the case, credible survey evidence suggests that a significant percentage of consumers consider non-nutritive sweeteners to be acceptable substitutes for nutritive sweeteners.
According to the suit, relative nutrient content claims, such as Chobani’s claim that its yogurts contain 45 percent less sugar than other yogurts, must reference a food that is either “representative of the type of food that includes the product that bears the claim” or is the manufacturer’s regular product. These criteria are intended to prevent manufacturers from cherry-picking data to make a more favorable, yet misleading, nutrient comparison at the expense of consumers, the case relays.
The lawsuit alleges that Chobani’s “Other Yogurts” statement relative to its “less sugar” claim improperly excludes those that contain non-nutritive sweeteners even though consumers consider them to be a sufficiently similar alternative to Chobani’s Greek yogurts.
When yogurts with non-nutritive sweeteners are included among the “Other Yogurts” referenced in Chobani’s claim, the average amount of sugar comes to 12.22 grams per 5.3 ounces instead of the 17 grams stated on Chobani yogurt’s information panel, according to the case.
“This means the representation that the Product has 45% less sugar than other yogurts is false, deceptive, misleading and unlawful,” the complaint argues, claiming the Chobani yogurts have only 25 percent less sugar than the average amount in “other yogurts” when accurately compared.
The defendant’s labeling has led consumers to choose Chobani products without feeling the need to compare them to other suitable products that, in truth, would be more nutritionally appropriate for helping them reduce their sugar consumption, the lawsuit argues.
The case claims that consumers would not have bought the yogurt, or would have paid less for it, had they known the truth about Chobani’s sugar content.
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