Migliaccio & Rathod LLP is investigating whether Nebula Snacks Dark Chocolate Baking Chips may be misleadingly marketed as containing “zero sugar added” while using allulose as a primary sweetening ingredient.
Nebula markets its Dark Chocolate Baking Chips as “Zero Sugar” and states that they are made with “zero sugar added.” The ingredient list is short: organic unsweetened chocolate, allulose, cocoa butter, and sunflower lecithin. Allulose is therefore the second listed ingredient.
Nebula’s own FAQ also explains that its chocolate chips are sweetened with allulose and describes allulose as a natural “sugar” found in foods such as figs and raisins.
Why Consumers May Be Concerned
Consumers buying baking chips advertised as having “zero sugar added” may reasonably understand that claim to mean that no sugar has been added as a sweetening ingredient.
Nebula’s chips, however, use allulose specifically to provide sweetness. The product’s ingredient list places allulose immediately after unsweetened chocolate, and the company’s own description calls allulose a natural sugar.
Migliaccio & Rathod is investigating whether consumers were given an accurate understanding of the product when choosing it over conventional chocolate chips containing added sugar.
Consumers May Have Encountered:
- “Zero Sugar” or “Zero Sugar Added” representations;
- purchasing the chocolate chips specifically because of those claims;
- later discovering allulose as the second ingredient;
- seeing 0 grams of total sugars and 0 grams of added sugars on the Nutrition Facts panel;
- not understanding before purchase that allulose is a type of sugar; and
- paying a premium for a product marketed as having no added sugar.
Potential Claims May Include:
- false or misleading advertising;
- deceptive trade practices;
- misleading zero-added-sugar representations;
- breach of express warranty;
- unjust enrichment; and
- price-premium damages.
Signs You May Be Affected:
- You purchased Nebula Dark Chocolate Baking Chips;
- the “Zero Sugar” or “Zero Sugar Added” representation influenced your purchase;
- you bought the product specifically to avoid added sugar;
- you did not understand that the allulose used to sweeten the chips is a type of sugar;
- you paid more for the product because of its zero-sugar positioning; or
- you have packaging, receipts, order confirmations, or photographs showing the claims.
If you purchased Nebula Dark Chocolate Baking Chips because they were represented as containing zero sugar or zero added sugar, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.