(Reuters) - Yogurt maker Chobani LLC has been hit with a class action accusing it of misleading consumers about the sugar content in its reduced-sugar Greek yogurt products relative to other brands.
The two consumers who filed the lawsuit on Thursday in Manhattan federal court, represented by Spencer Sheehan of Sheehan & Associates, are seeking to represent classes of consumers in New York and Massachusetts.
They claim that Chobani's labeling of its reduced-sugar yogurts as having 45% less sugar than competing brands is based on "cherry-picking" other brands for comparison, and excluding those that use artificial sweeteners.
"This means the representation that the product has 45% less sugar than other yogurts is false, deceptive, misleading and unlawful," the plaintiffs said. "Instead, the product only has 25% less sugar when accurately compared."
Chobani did not immediately respond to a request for comment.
The plaintiffs allege that they would not have bought the Chobani product, or would have paid less for it, if not for the misleading comparison. They are accusing the New York-based company of negligent misrepresentation, unjust enrichment and violation of New York's General Business Law, and are seeking unspecified money damages.
The case is Brietzke et al v. Chobani LLC, U.S. District Court, Southern District of New York, No. 1:20-cv-11097.
For plaintiffs: Spencer Sheehan of Sheehan & Associates
For Chobani: not immediately available