The Dunkin' Zero Sugar lawsuit challenges Dunkin' Zero energy drinks sold as "0g of sugar" and "zero sugar." The claim says that branding misleads buyers who want to limit sugar because the drinks contain allulose. Phyllis C. Wells filed Wells v. Dunkin' Brands Inc. and Inspire Brands Inc.
as a proposed class action. According to the Justia filing record, the case is No. 1:26-cv-14463 in Massachusetts federal court and was filed Sept. 30, 2026 Justia filing record. FoodWorldNews describes these as unproven claims seeking class status for purchasers, plus damages and marketing changes.
Official resources:
- Read the official guidance from FDA — Use this primary source to verify the official guidance.
- Read the official guidance from Skadden — Use this primary source to verify the official guidance.
Table of Contents
- Which drinks are covered?
- What is the sugar dispute?
- Why does the panel still show zero?
- What could this mean for buyers?
Which drinks are covered?
The claim covers the Zero line launched March 4, 2026. According to the FoodWorldNews report, that includes Blackberry Tangerine, Tropical Mango, Juicy Peach, Glamberry, Sunzest and Blushpop, plus later-added flavors FoodWorldNews report.
This list controls who should pay attention. If you bought another Dunkin' drink, this claim does not cover it. If you bought a listed Zero flavor, keep the flavor name, size, and receipt.
What is the sugar dispute?
Allulose, the sweetener at issue, is listed first after water in the flavored syrups. Geekspin summarizes the suit's estimate as about 9 grams in a medium and 11-13 grams in a large.
Morrison Foerster points to 21 C.F.R. section 101.60(c)(1), which permits "zero sugar" or "sugar free" only below 0.5 gram per serving. The suit says these servings greatly exceed that cutoff.
Why does the panel still show zero?
According to the FDA constituent update, makers may exclude allulose from Total Sugars and Added Sugars lines and use 0.4 calories per gram FDA constituent update. That same guidance still requires counting allulose in Total Carbohydrates.
FoodWorldNews reports the practical gap as Total Carbohydrates of 6-12 grams rather than only the zero-sugar line. Check these three spots before you rely on the front claim:.
- Compare front claim with nutrition panel.
- Read Total Carbohydrates for your size.
- Check syrup ingredients for allulose order.
What could this mean for buyers?
According to the Skadden analysis, the Seventh Circuit held in Franco v. Chobani in July 2026 that allulose remains a sugar under FDA rules Skadden analysis.
The decision says enforcement discretion does not bar state-law deception claims, and this case follows that theory. A ruling here must still test the label, serving math, and buyer impact. Save flavor, size, date, store, and receipt if you bought a covered drink.