Migliaccio & Rathod LLP is investigating whether certain KIND ZEROg Added Sugar bars may be misleadingly marketed as containing no added sugar despite using allulose as a significant sweetening ingredient.
The investigation includes at least:
- KIND ZEROg Added Sugar Dark Chocolate Nuts & Sea Salt Bars
- KIND ZEROg Added Sugar Peanut Butter Dark Chocolate Bars
These products are prominently marketed as “ZEROg Added Sugar” and advertise 0 grams of added sugar per serving. However, their ingredient lists identify allulose near the top of the formulation. In the Dark Chocolate Nuts & Sea Salt variety, allulose is the third listed ingredient; in the Peanut Butter Dark Chocolate variety, it is the second.
Allulose is a monosaccharide—a type of sugar—and is commonly used as a bulk sweetener. A recent federal appellate decision also concluded that allulose falls within the federal regulatory definition of “sugars” relevant to a challenged zero-sugar claim.
Why Consumers May Be Concerned
Consumers often choose products advertised as having zero added sugar because they specifically want to avoid foods containing added sugars or because they believe they are purchasing a meaningfully different product from conventional sweetened snack bars.
KIND’s ZEROg Added Sugar bars prominently emphasize that representation while using allulose to provide sweetness. Migliaccio & Rathod is investigating whether consumers reasonably understood that allulose was being added as a sweetening ingredient and whether the “ZEROg Added Sugar” representation accurately communicated the nature of the product.
Consumers May Have Encountered:
- KIND packaging prominently stating “ZEROg Added Sugar”;
- product descriptions advertising 0 grams of added sugar;
- purchasing the bars specifically because of the zero-added-sugar representation;
- later discovering allulose near the top of the ingredient list;
- believing that “zero added sugar” meant no sugar-type sweetener had been added; or
- paying more for the product because of its zero-added-sugar positioning.
Target currently lists the Dark Chocolate Nuts & Sea Salt bars as containing almonds, peanuts, allulose, and other ingredients while promoting them as KIND ZEROg Added Sugar bars. The Peanut Butter Dark Chocolate variety similarly lists peanuts followed by allulose while advertising 0g added sugar.
Potential Claims May Include:
- false or misleading advertising;
- deceptive trade practices;
- breach of express warranty;
- misleading nutrient-content representations;
- unjust enrichment; and
- damages associated with paying a price premium for a product represented as containing zero added sugar.
Signs You May Be Affected:
- You purchased a KIND ZEROg Added Sugar bar;
- you purchased the Dark Chocolate Nuts & Sea Salt or Peanut Butter Dark Chocolate variety;
- the “ZEROg Added Sugar” or “0g Added Sugar” claim influenced your purchase;
- you believed the product contained no added sugar-type sweetener;
- you did not understand that allulose is a type of sugar when you made your purchase; or
- you still have receipts, packaging, photographs, or online order records showing your purchase.
If you purchased KIND ZEROg Added Sugar bars because of their zero-added-sugar representations, 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.