Bethany Kristovich Discusses Allulose Litigation with Bloomberg Law 

Munger, Tolles & Olson Partner Bethany Kristovich was quoted in a Bloomberg Law article titled, “Sugar Substitute Launches ‘Open Season’ on Suing Food Industry.” The article examines a wave of consumer deception lawsuits challenging “zero sugar” labels on products containing allulose, a low-calorie sugar substitute that has little effect on blood glucose. The litigation intensified after the U.S. Court of Appeals for the Seventh Circuit reinstated consumer deception claims against Chobani, concluding that allulose is chemically a sugar under FDA regulations. 

Bethany discussed the difficulty food manufacturers face when communicating with consumers who have varied dietary priorities. She also addressed how consumers interpret “zero sugar” claims—an issue she expects to be heavily litigated. Some consumers may focus on whether a product contains a substance chemically classified as sugar, while others may care more about its effects on blood sugar, calorie intake or the body generally. 

The litigation presents “in pretty stark relief” the tension between what is “literally scientifically true” and “the thing that you care about when you’re reading labels,” Bethany said. 

Read the full Bloomberg Law article. (Subscription may be required.)