Costco Class Action Over Allulose in Kirkland Sugar-Free Drink Mix

The lawsuit was initiated by plaintiff Mason Maldonado against Costco Wholesale Corp. The core allegation is that Costco is misleading consumers by marketing its Kirkland Signature electrolyte drink mix as sugar-free, even though the product contains allulose. Maldonado describes this practice as "health-washing," which involves making a product appear healthier than it actually is.

The claims assert that federal rules permit a sugar-free designation only if a food contains under 0.5 grams of sugar per serving. The complaint alleges that the labeling fails to disclose the amount of allulose in each stick, and that the product's total carbohydrate count suggests it exceeds the legal limit. Furthermore, the suit claims that the zero-sugar declaration on the nutrition panel reinforces the false belief that the product is sugar-free, despite the presence of allulose.

The plaintiff seeks to represent a nationwide class, with a specific subclass for Illinois consumers who purchased the product for personal use. The lawsuit alleges violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and the Washington Consumer Protection Act, and claims unjust enrichment. Maldonado is represented by M. Anderson Berry, Gregory Haroutunian and Brook Garberding of Emery Reddy P.C. and Kevin Laukaitis and Maria Cristina Torres Short of Laukaitis Law LLC.