False Advertising

Chobani Zero Sugar Lawsuit: Seeking Damages for Deceptive Claims

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Chobani Zero Sugar Lawsuit: Seeking Damages for Deceptive Claims

Abigail Franco has filed a class action lawsuit against Chobani, LLC, alleging that the company misrepresented the contents, traits, or ingredients of their Chobani Zero Sugar product. The plaintiff claims that Chobani marketed and labeled its product as "zero sugar" and "no sugar," when it was not.

What are the legal grounds for this lawsuit?

The plaintiff alleges that Chobani violated several laws by misrepresenting its Chobani Zero Sugar product. Specifically, they claim that Chobani breached the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”), California Unfair Competition Law (“UCL”), and California's False Advertising Law (“FAL”). These laws aim to protect consumers from fraudulent or deceptive business practices.

Under the ICFA, businesses are prohibited from engaging in deceptive acts or practices while conducting trade or commerce. Similarly, California's UCL forbids businesses from engaging in unfair competition or false advertising. Lastly, FAL makes it unlawful for companies to disseminate false advertising about their products.

What are the specific allegations against Chobani?

In her complaint against Chobani, Abigail Franco alleges several counts of wrongdoing on behalf of the company. Some key counts include:

  • Count One: Violation of ICFA - Deceptive acts and practices: The plaintiff claims that Chobani engaged in deception by misrepresenting the sugar content of its Chobani Zero Sugar product.
  • Count Six: Violation of California UCL - Unfair competition: The plaintiff alleges that Chobani violated this law by making false representations about the sugar content of its product, thereby engaging in unfair competition.
  • Count Seven: Violation of California FAL - False advertising: The plaintiff claims that Chobani falsely advertised its Chobani Zero Sugar product as containing no sugar when it did, in fact, contain some sugar.

In addition to these counts, Ms. Franco alleges several other counts against Chobani. Overall, the plaintiff argues that Chobani's actions have harmed consumers who purchased their Chobani Zero Sugar product under the false belief that it contained no sugar.

Who are the class members in this lawsuit?

The class members are individuals who have been harmed by Chobani's alleged deceptive acts and practices. To be a part of the class, individuals must have been affected by Chobani's alleged misrepresentations and must be located in the state of Illinois. The purpose of forming a class is to efficiently and uniformly determine claims on behalf of all affected individuals without requiring each person to file an individual lawsuit.

If successful, adjudications with respect to individual members of the Class would be dispositive for other members not directly involved in the litigation. This means that a favorable outcome for Ms. Franco could potentially benefit all other similarly situated consumers who purchased Chobani Zero Sugar under false pretenses.

What damages is the plaintiff seeking?

The plaintiff seeks at least five million dollars in damages from Chobani LLC. These damages include equitable relief such as disgorgement and restitution, which would require Chobani to return any ill-gotten gains obtained through their alleged deceptive practices. Additionally, the plaintiff seeks damages for the harm suffered by class members as a result of Chobani's alleged misrepresentations.

It is important to note that these are only allegations against Chobani at this stage. The company has not been found guilty of any wrongdoing, and a court will determine whether the plaintiff's claims have merit.

What are the next steps in this case?

As this class action lawsuit moves forward, both parties will engage in discovery, a process during which they gather evidence and information relevant to their respective claims and defenses. Once discovery is complete, the parties may attempt to negotiate a settlement or proceed to trial if they cannot reach an agreement.

If the case goes to trial and Ms. Franco prevails on behalf of herself and other class members, it could result in significant financial consequences for Chobani. However, it remains uncertain how this case will ultimately be resolved. As with any lawsuit involving allegations of consumer fraud or deceptive business practices, there are many variables at play that could impact its outcome.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    1:23-cv-03047
  • Filing Date:
    May 15, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Illinois
  • Court:
    Illinois Northern District
  • Plaintiff:
    Abigail Franco
  • Defendant:
    Chobani, LLC
  • Plaintiff Firm:
    Rathje Woodward LLC
  • Defendant Firm:
    Unrepresented
  • Claims Administrator:
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Will Gendron
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