Article
When Agency Guidance Isn’t Enough: How The Seventh Circuit’s Chobani Decision Impacts Food Manufacturers And Others
The Seventh Circuit’s July 2026 decision in Franco v. Chobani, LLC is interesting for several reasons for ad law followers and enthusiasts, and it has already spurred multiple follow-on class actions challenging “zero sugar,” “no added sugar,” and similar claims on products containing allulose. The developing litigation highlights a broader risk relevant for all regulated industries, but especially for food, beverage, and dietary supplement companies heeding evolving FDA guidance: compliance with agency guidance may reduce regulatory risk, but it may not prevent private plaintiffs from bringing claims under state consumer protection laws.
United States
Consumer