Special K lawsuit: what the zero added sugar claim means

What the Special K lawsuit claims

Both complaints target the front-of-box claims "ZERO ADDED SUGAR" and "0g ADDED SUGAR" on Special K cereals. They say the cereals are sweetened with allulose syrup, which they say Kellogg's own labeling puts at 4 grams per serving in the Strawberry Crème cereals and 3 grams in the Cinnamon cereal, and that allulose is a sugar because it is a monosaccharide. Kellogg's SmartLabel page for Special K Plus High Protein Zero Added Sugar Cereal (6.6 oz) does list allulose syrup, as the fifth of 11 ingredients, and shows 0 g of total and added sugars.

The plaintiffs argue that makes the claim false, the cereal misbranded under federal and California rules, and shoppers overcharged. They plead California's Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act, plus breach of warranty and unjust enrichment. These are allegations, and Kellogg has not been found liable.

Which Special K cereals are named

The Bender-Long complaint names three products. The Valadez complaint says the products include, but are not limited to, the Strawberry Crème and Cinnamon flavors, so other Special K cereals could be added later. The ingredient list on the box and Kellogg's SmartLabel page show whether allulose syrup is in the cereal you bought.

The rule behind "zero added sugar"

"Zero added sugar" falls under a different federal rule than "zero sugar." Under 21 C.F.R. 101.60(c)(2), a "no added sugar" type of claim is allowed only if, among other conditions, no sugars or ingredients that substitute for added sugars are added during processing. The complaints say allulose syrup is exactly that. The Valadez complaint adds that FDA's October 2020 guidance, which says the agency intends to let makers leave allulose out of the Total Sugars and Added Sugars lines on the panel, is nonbinding and covers the panel, not front-of-box claims.

On Jul 27, 2026 the Seventh Circuit held in Franco v. Chobani that allulose is a sugar under the federal regulation, and FDA, at the court's request, said the regulation covers all monosaccharides, including allulose. That case was about a "sugar free" claim, the opinion does not discuss "added sugar" claims, and it binds federal courts only in Illinois, Indiana and Wisconsin. Morrison Foerster notes it did not settle how its reasoning applies to "zero added sugar" claims. For background, read is allulose a sugar and the David protein bar lawsuit.

Who is in the proposed classes

No class has been certified. In Valadez the proposed nationwide class is anyone who bought the products with the challenged claims in the United States, for purposes other than resale, within four years before the complaint, plus a California subclass. Bender-Long proposes a nationwide class of people who bought the products for personal use during the maximum period the law allows, two multi-state subclasses and a California subclass. Those are the plaintiffs' proposals; a judge decides later, and there is nothing to sign up for. If you bought Special K cereal, keep any receipts or order emails.

Where the Special K cases stand

The court dockets could not be opened, so the status details below come from OpenClassActions (updated Oct 12, 2026). It reports that the cases have not been consolidated and that no class is certified. ClaimDepot reports a third suit by Paulette Carr that Owed could not confirm elsewhere. Track the Valadez case on Owed's Special K case page.

What could happen next

Kellogg's first move is likely a motion to dismiss, perhaps arguing that FDA's guidance blocks the claims or that shoppers would not be misled by "zero added sugar." Because the same claims are pending in two California federal courts, someone may also ask to combine or move one of the cases. If the suits survive, the next fight is over class certification, covered in what happens after a class is certified.

A settlement could come at any stage, and class cases commonly take one to three years. Payouts in food labeling cases are usually small and often come with a label change; see how much no-proof settlements pay. Many cases end with no payout at all. No Special K settlement has been announced.

What to do now

You do not need to file anything, because no claim form exists. If one ever opens, filing directly with the settlement administrator is free. Ignore any site or message offering to claim a "Special K settlement" for a fee; our guide to spotting settlement scams covers the red flags.

Owed finds the settlements you qualify for, explains them in plain English, opens the official claim form, reminds you before deadlines and tracks your claim to payout. You submit the claim yourself on the official form. Owed Pro is $2 for the first week, then $49 per year — one flat membership. Owed never takes a percentage of any payout. Browse open settlements that do have claim forms, or follow this case. This is general information, not legal advice; the court decides what happens in these cases.

Glossary

Allulose

A sweetener that is chemically a monosaccharide, like glucose and fructose. FDA says it intends to let makers leave it out of the Total Sugars and Added Sugars lines on the Nutrition Facts panel.

Added sugars

Sugars added to a food during processing. The federal rule for "no added sugar" claims turns on whether any were added.

Nutrient content claim

A label statement such as "zero added sugar" that describes how much of a nutrient a food contains. Federal rules limit when it can be used.

Enforcement discretion

An agency's choice not to enforce a rule in certain situations. It does not rewrite the rule itself.

Putative class action

A lawsuit filed as a class action before a judge has certified a class.

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