Shoppers in eight states who bought Trader Joe’s Sweet & Sour Gummy Worms may be covered by a proposed class action alleging Trader Joe’s labels the candy “0g sugar per serving” even though it contains allulose, which the complaint calls a sugar. 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. Trader Joe’s Company 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?
An Illinois shopper filed a proposed class action against Trader Joe’s on September 16, 2026, over its Sweet & Sour Gummy Worms. The case is Parker v. Trader Joe’s Company, No. 1:26-cv-11360, in the U.S. District Court for the Northern District of Illinois. The complaint says the plaintiff bought a 5-ounce bag at an Illinois Trader Joe’s in July 2026 after seeing the “0g sugar per serving” claim.The complaint’s argument is that allulose, listed as the candy’s second ingredient, is a monosaccharide and therefore a sugar under the federal labeling definition, so the “0g sugar” claim is false. Trader Joe’s has not responded in court, and none of the claims has been proven.
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A Twin of the Chocolate Chips Case
The same lawyer filed a nearly identical complaint against Trader Joe’s in the same court on the same day, over its No Sugar Added Dark Chocolate Chips. The two cases share the same legal theory, the same proposed classes and the same three claims. They differ in two ways:• The label. The chocolate chips case challenges “No Sugar Added.” This case challenges “0g sugar per serving” and a Nutrition Facts panel showing 0 grams of total and added sugars.
• The evidence on quantity. The chocolate chips complaint estimates 10 to 12 grams of allulose per serving from the label’s carbohydrate numbers. The gummy worms complaint relies only on allulose being the second ingredient, well above the 0.5-gram limit for a “zero sugar” claim.
The chocolate chips page explains the allulose question in more detail: why the FDA’s 2020 guidance lets companies show 0 grams of sugar on the Nutrition Facts panel, and why the Seventh Circuit’s July 2026 ruling in Franco v. Chobani, LLC matters. That ruling is binding on federal courts in Illinois, including this one.
What the Lawsuit Claims and Seeks
The complaint brings claims under the consumer protection laws of eight states, a separate Illinois Consumer Fraud and Deceptive Business Practices Act claim, and unjust enrichment. It seeks damages, restitution, punitive damages where allowed, and an order requiring Trader Joe’s to stop using the “0g sugar” claim.The proposed classes are an Illinois subclass and a multi-state class of people who bought the candy for personal use in Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington. Buyers elsewhere, including California, are not included as the case is pleaded.
What Happens Next
Trader Joe’s will likely move to dismiss both cases. It may argue that the FDA guidance allows the label, or that federal law preempts the state claims. Because Franco is binding in the Seventh Circuit, those arguments face a harder test in Illinois than in California. The two cases could also be consolidated. If either case settles, we will update this page with how to file.Questions
Is this the same case as the Trader Joe’s chocolate chips lawsuit?
No. It is a separate case with a different plaintiff and case number, but it was filed the same day, in the same court, by the same lawyer, on the same allulose theory. The chocolate chips case challenges a “No Sugar Added” label; this one challenges “0g sugar per serving.”
Which states are covered?
The complaint proposes an Illinois subclass and a multi-state class of buyers in Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington. Buyers in other states are not included as the case is pleaded. No class has been certified.
Is there anything to claim?
No. The case was just filed and Trader Joe’s has not responded. There is no settlement or claim form. We will update this page if that changes.
Sources
• Class action complaint, Parker v. Trader Joe’s Company, No. 1:26-cv-11360 (N.D. Ill., filed Sept. 16, 2026)• Class action complaint, Alexander v. Trader Joe’s Company, No. 1:26-cv-11329 (N.D. Ill., filed Sept. 16, 2026)
• Franco v. Chobani, LLC, No. 25-2087 (7th Cir. July 27, 2026)
• 21 C.F.R. §§ 101.9(c)(6)(ii) and 101.60(c)(1)
