Starbucks Sued Over Misleading Sugar-Free Claims

At the beginning of October, three consumers sued Starbucks (see complaint) alleging that many of the beverages sold by the company and advertised as “sugar-free” in fact contain substantial amounts of sugar.

For example, their Caramel Protein Matcha is promoted as sugar-free:

However, when more detail is presented, Starbucks changed the claim from “sugar-free” to “no added sugar” and disclosed that this size drink actually contains 16 grams of sugar which is four teaspoons.

*MOUSE PRINT:

The sugar here is natural sugar (lactose) from the added milk which is a major ingredient.

Under federal law, “sugar-free” is a defined term meaning the food can contain no more than half a gram of sugar.

Consumers may reasonably be expected to regard terms that represent that the food contains no sugars or sweeteners e.g., “sugar free,” or “no sugar,” as indicating a product which is low in calories or significantly reduced in calories.

The term “no added sugar” is different. It means no amount of sugar or its equivalent has been added to the product as a sweetener other than in an ingredient that naturally contains sugar.

The lawyers in this case are suing the company for violations of various state consumer protection laws prohibiting deceptive practices, and they are also seeking a court order to stop the company from calling beverages “sugar free” when that is not the case.

For its part, Starbucks told the Associated Press:

“We believe these claims have no merit. Starbucks has consistently and clearly provided information about its protein beverages, sugar-free options, customization choices and nutritional content across product announcements, menus, marketing materials, Starbucks.com and the Starbucks app, and we intend to vigorously defend ourselves in this matter.”

Incidentally, lawyers are investigating other products making “no added sugar” and “sugar free” claims.