Bite-Sized Legal's Beyond Allulose: How Franco v. Chobani Declared Open Season on Litigation Challenges to Label Claims That Rest on FDA Enforcement Discretion

Join Faegre Drinker’s Sarah Brew and Josephine Pechous for a discussion of the far-reaching implications of the Seventh Circuit’s July 27, 2026, decision in Franco v. Chobani, which held that state consumer fraud claims are not preempted by FDA guidance that allulose is not a “sugar” for purposes of labeling requirements. Since that time, nearly 100 consumer fraud class action lawsuits have been filed against companies selling products made with allulose and labeled or marketed as “no added sugar” or “0g sugar.”

While Franco addressed only allulose, its implications are far-reaching. The court confirmed that FDA guidance and statements that the agency intends to exercise enforcement discretion are only the agency’s “current thinking” and do not preempt clear labeling regulations. This reasoning can be extended to other areas where FDA has stated its intent to exercise enforcement discretion pending further rulemaking, including allowing certain carbohydrates in the calculation of dietary fiber and authorizing “no artificial colors” claims. We’ll discuss how to identify potentially vulnerable labeling claims and take action now to minimize litigation risk.

Time

12:00-1:00 p.m. ET

Have a scheduling conflict? Register for the live event and we’ll send you the on-demand recording shortly after the broadcast date. Please note, continuing education credit is not available for on-demand viewing.

Continuing Education

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Questions

For general event questions or to request access to the on-demand recording after registration has closed, please contact Natalie Brzoza or call +1 312 356 5146.