Migliaccio & Rathod LLP is investigating whether Wavy Whey Protein Water may be misleadingly marketed as “Sugar Free” or “Zero Sugar” while using allulose as one of its sweetening ingredients.
The investigation includes at least the Blueberry Strawberry and Peach Raspberry flavors.
Wavy Whey markets its Protein Water as “SUGAR FREE” and “Zero sugar.” At the same time, the company states that both flavors are sweetened with a blend of Reb M, monk fruit, and allulose, and the ingredient lists for both varieties expressly include allulose. Wavy Whey also promotes the product as providing sweetness “without the sugar.”
Why Consumers May Be Concerned
Consumers purchasing a product prominently represented as sugar free may reasonably believe that the product does not contain sugar.
Allulose, however, is a monosaccharide and is used as a sweetener. The concern is particularly straightforward here because Wavy Whey does not merely list allulose as an incidental ingredient—the company expressly explains that allulose is part of the blend used to sweeten the product.
Migliaccio & Rathod is investigating whether consumers were given an accurate understanding of the product when Wavy Whey advertised it as Sugar Free or Zero Sugar while intentionally adding allulose for sweetness.
Consumers May Have Encountered:
- Wavy Whey packaging or advertising prominently stating “Sugar Free”;
- online marketing describing the product as having “Zero sugar”;
- claims that the product provides sweetness “without the sugar”;
- purchasing the product specifically because of its sugar-free positioning;
- later discovering allulose in the ingredient list;
- not understanding when purchasing the product that allulose is a type of sugar; and
- paying a premium for a protein product marketed as sugar free.
Wavy Whey’s own current product page states that Blueberry Strawberry and Peach Raspberry are sweetened with Reb M, monk fruit, and allulose, while separately promoting the product as Sugar Free and Zero sugar.
Potential Claims May Include:
- false or misleading advertising;
- deceptive trade practices;
- misleading sugar-free nutrient-content representations;
- breach of express warranty;
- unjust enrichment; and
- damages associated with paying a premium for a product represented as sugar free.
Signs You May Be Affected:
- You purchased Wavy Whey Protein Water;
- you purchased the Blueberry Strawberry or Peach Raspberry flavor;
- the words “Sugar Free” or “Zero Sugar” influenced your purchase;
- you specifically chose the product because you wanted to avoid sugar;
- you did not understand that allulose was a type of sugar when you purchased it; or
- you still have packaging, receipts, photographs, Amazon records, or other proof of purchase.
If you purchased Wavy Whey Protein Water because it was represented as sugar free or zero 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.