A proposed class action filed Aug. 24 accuses WK Kellogg Co. of misleading consumers by labeling certain Special K cereals as “Zero Added Sugar” despite containing allulose syrup. The complaint, brought by Ari Bender-Long in federal court in California, says some products contain up to 4 grams of sugar per serving and seeks monetary restitution, a declaratory ruling, and an injunction to change packaging. Kellogg has until Oct. 26 to respond; the company previously settled a $20 million labeling case in 2019.
Kellogg’s Sued Over 'Zero Added Sugar' Special K Claims — Lawsuit Says Products Contain Allulose
Credit: Allrecipes / Kellogg's
Kellogg’s Special K line is facing a proposed class action that accuses the company of misleading shoppers with “Zero Added Sugar” labeling on certain products. The complaint, filed Aug. 24 in the U.S. District Court for the Central District of California, was brought by plaintiff Ari Bender-Long and seeks both monetary and injunctive relief.
What the Lawsuit Alleges
The complaint claims that Special K packaging prominently displays phrases such as “Zero Added Sugar” or “0g Added Sugar”, which give consumers the impression the cereals contain no added sugars. According to the filing, the cereals actually include allulose syrup, a sweetener the plaintiff describes as a form of sugar.
The suit further alleges that some Special K products contain as much as four grams of sugar per serving, which, the plaintiff says, contradicts the “zero added sugar” statements on the box. Bender-Long argues that allulose should be treated as a sugar under labeling standards and that federal regulations only permit “no added sugar” claims when no sugars or sugar-containing ingredients are added during processing or packaging.
What the Plaintiff Is Seeking
Bender-Long is asking to represent a class of California consumers who purchased Special K products advertised as having no added sugar. The complaint requests:
Credit: Allrecipes / Special K
- Monetary restitution for affected purchasers (the precise amount will be determined through discovery and trial);
- A declaratory judgment that Kellogg’s packaging violates California consumer protection laws; and
- Injunctive relief requiring Kellogg’s to stop using “Zero Added Sugar” claims on the identified Special K products and to revise product labeling.
Case Status and Background
The case is in its early stages. WK Kellogg Co. executed a waiver of service, giving the company until Oct. 26 to file a formal response to the complaint. Like many class actions, it could take months or years to resolve.
This is not the first high-profile labeling dispute involving Kellogg’s. In 2019, the company settled a separate class-action lawsuit for $20 million and agreed to change certain marketing language — including limiting use of words like “benefits,” “healthy,” “nutritious,” and “wholesome” when describing whole products.
Context On Allulose And Labeling
Allulose is a low-calorie sweetener and a monosaccharide; however, how it should be treated on nutrition labels is the subject of regulatory debate and litigation. The current complaint takes the position that allulose counts as an added sugar for the purposes of this product’s labeling; Kellogg's response to that legal claim has not been included in the public filing.
Bottom line: The lawsuit centers on whether Special K’s marketing misled consumers who sought products with no added sugars. The court will ultimately decide whether the labeling violates federal or California law and whether Kellogg’s must change its packaging or pay restitution to consumers.
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