Buyers of allulose-sweetened Hero Bread buns, tortillas, biscuits and scones may be covered by a proposed class action alleging Hero Labs, Inc. falsely labels the products “0G SUGAR” even though each serving contains 1 to 8 grams of allulose. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Hero Labs, Inc. has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A Los Angeles consumer filed Martin v. Hero Labs, Inc., No. 3:26-cv-10433, on September 14, 2026, in the U.S. District Court for the Northern District of California. The defendant, Hero Labs, Inc., is the San Francisco company behind Hero Bread, a line of low-carb breads and baked goods.The complaint says Hero markets nine products as having “0G SUGAR” on their front labels or official product pages, while Hero’s own product information lists between 1 and 8 grams of allulose per serving. Allulose is a rare sugar that tastes about 70% as sweet as table sugar. The plaintiff alleges that because allulose is chemically a monosaccharide, it is a sugar under federal labeling rules, so a zero-gram sugar claim is false. Hero has not yet responded in court.
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Which Products Are Named?
The suit covers only the allulose-containing versions of these products. The complaint lists the allulose amounts per serving, taken from Hero’s own product information:- Classic Burger Buns, Classic Hot Dog Buns, Flour Tortillas (8-count, canola-oil formula), Buttermilk Biscuit and Cheddar Biscuit: 1 gram
- Pain au Chocolat: 6 grams
- Orange Scone: 7 grams
- Pumpkin Spice Scone and Lemon Poppy Seed Scone: 8 grams
Who Could Be Covered?
The complaint proposes a nationwide class of everyone in the U.S. who bought one of the products for personal use while it contained allulose and carried a “0G SUGAR” claim. It also proposes a subclass of buyers in states with similar consumer protection laws and a California subclass. The company, its officers, the court’s staff and the lawyers in the case are excluded.These are proposals only. No class has been certified.
What the Complaint Claims
The Nutrition Facts panels on the products show 0 grams of total and added sugars, and the complaint says it is not challenging those panels. Its target is the “0G SUGAR” statement made elsewhere on the label and on Hero’s website. The plaintiff argues that federal rules treat any statement about a nutrient’s amount outside the Nutrition Facts panel as a nutrient content claim, that the FDA has said allulose must be counted as a sugar for that purpose, and that a sugar amount can be rounded to zero only below half a gram per serving.Hero’s product information says allulose “adds a dietarily insignificant amount of sugar, which is not metabolized like other sugars.” The complaint argues that this wording reinforces, rather than corrects, the impression that the products contain no sugar, and that ordinary shoppers are not expected to know allulose is a sugar.
The suit brings four counts: California’s Unfair Competition Law and False Advertising Law for the California subclass, other states’ consumer protection laws for the multi-state subclass, and unjust enrichment for the nationwide class.
What the Plaintiff Wants
The complaint asks the court to certify the classes and seeks restitution, actual and statutory damages where state law allows them, an order requiring Hero to stop or correct the “0G SUGAR” claims, and attorneys’ fees. It does not put a dollar figure on the claims beyond the $5 million federal jurisdiction threshold. The plaintiff is represented by Bursor & Fisher, P.A. and Gucovschi Law Firm, PLLC.What Happens Next?
The case is assigned to U.S. District Judge William H. Orrick. Hero must be served and will then answer or move to dismiss. In the recent wave of allulose labeling suits, an early contested question is often whether the claims are preempted by federal food labeling law, which the complaint tries to avoid by pleading only state-law claims that mirror the federal rules. There is nothing for consumers to file now.Questions
The Nutrition Facts panel says 0g sugar. Why is that being challenged?
It isn’t, directly. The complaint says it does not challenge the Nutrition Facts panel. It targets the “0G SUGAR” claim on the front of the package and on Hero’s product pages, arguing that a nutrient claim made outside the panel must count allulose as sugar and cannot round 1 to 8 grams down to zero.
Are all Hero Bread products covered?
No. The complaint names nine products and only their allulose-containing versions: Classic Burger Buns, Classic Hot Dog Buns, the 8-count canola-oil Flour Tortillas, Buttermilk and Cheddar Biscuits, Pumpkin Spice, Orange and Lemon Poppy Seed Scones, and Pain au Chocolat. Versions made without allulose are excluded.
What does Hero say about allulose?
According to the complaint, Hero’s product information states that allulose “adds a dietarily insignificant amount of sugar, which is not metabolized like other sugars.” Hero has not yet filed a response to the lawsuit.
Do I need a receipt to be included?
Not to fall within the proposed class, which is defined by purchase. There is nothing to file now; if the case settles, proof rules would be set then. Keeping receipts or online order history for Hero products is a sensible precaution.
Class Action Complaint
Sources
- Class action complaint, Martin v. Hero Labs, Inc., No. 3:26-cv-10433-WHO (N.D. Cal. filed Sept. 14, 2026), ECF No. 1 (embedded above)
- 21 C.F.R. § 101.13 — Nutrient content claims
- FDA — Aspartame and Other Sweeteners in Food
