Consumers represented by members of the Hagens Berman consumer protection team and co-counsel Sterlington PLLC filed a class-action lawsuit against McDonald’s accusing it of misleading consumers about the sugar content in eight of its McCafé products labeled “sugar free.” Eight McDonald’s latte and iced coffee beverages allegedly contain up to 18 grams of sugar per serving, making them sugar-free in name only and in violation of regulations set forth by the Food and Drug Administration (FDA). According to the lawsuit, McDonald’s use of the term “Sugar Free” as part of the official product name for each of the affected products is a “deliberate attempt to capitalize on the nutritional preferences of 75% of Americans.”

WHAT MCDONALD’S DRINKS ARE ALLEGEDLY MISLABELED AS “SUGAR-FREE”?

According to the lawsuit, McDonald’s makes deceptive claims in the names of the following McCafé beverages:

Sugar Free French Vanilla Latte
Sugar Free French Vanilla Cappuccino
Sugar Free Iced French Vanilla Latte
Iced Sugar Free French Vanilla Coffee
Sugar Free Vanilla Latte
Sugar Free Vanilla Cappuccino
Sugar Free Iced Vanilla Latte
Iced Sugar Free Vanilla Coffee

If you purchased any of the above listed “Sugar Free” McDonald’s beverages, you may have been affected.

HOW DOES THE FDA REGULATE “SUGAR-FREE” LABELS?

Regarding the use of the labeling “sugar-free”, the lawsuit states, “…federal law prohibits McDonald’s from calling beverages “Sugar Free” when they contain more than 0.5 grams of sugar per reference amount customarily consumed and per labeled serving, and that state consumer protection laws forbid McDonald’s from selling these products under their false and misleading names.”

According to the lawsuit, the FDA imposed this specific labeling requirement because, as the regulation itself states, consumers regard “sugar free” to indicate “a product which is low in calories or significantly reduced in calories.”

By using the term without the required legend, McDonald’s conveyed to consumers not only that the so-called “sugar free” drinks contain no sugar — which is allegedly false — but also that they are low in or reduced in calories, which is likewise false, attorneys state.

Whether a food qualifies as “sugar free” under law is determined by how much sugar is present per both “reference amount customarily consumed” “labeled serving.” Per the lawsuit, the worst offender of McDonald’s “sugar free” beverages has 36 times the permissible amount of sugar per large serving.

WHAT ARE MY CONSUMER RIGHTS AGAINST MCDONALD’S?

Hagens Berman believes consumers have a right to honest information about the products they buy. The firm’s award-winning consumer-protection attorneys are investigating the rights of consumers for McDonald’s alleged misrepresentations and seek repayment for those who purchased these McCafé products under false information. Legal action may also seek to require McDonald’s to name its beverages more accurately, per federal regulations: requiring McDonald’s to cease using the term “Sugar Free” in the names of the Sugar Free Products unless and until the beverages contain less than 0.5 grams of sugar per reference amount customarily consumed and per labeled serving.

HOW CAN A CLASS-ACTION LAWSUIT HELP?

A class-action lawsuit allows the many individual consumers to seek accountability together. A class-action lawsuit seeks to level the playing field, bringing strength to collective action to change unlawful practices. While these measures do not bring immediate relief, they are a time-tested method of holding companies accountable for wrongdoing and allow individuals to stand up collectively to powerful entities like McDonald’s. Hagens Berman’s attorneys seek to represent consumers’ rights under state consumer-protection laws.

TOP CONSUMER-RIGHTS LAW FIRM

Hagens Berman is a nationally recognized and awarded consumer rights law firm and has achieved total settlements valued at more than $345 billion in litigation on behalf of plaintiffs. Hagens Berman has achieved record-breaking settlements in consumer-protection lawsuits, and your claim will be handled by attorneys experienced in this area of law. The firm is also handling active litigation against Starbucks regarding similar “sugar-free” labeling of its products.

NO COST TO YOU

In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the legal team for the class.