A new lawsuit is taking aim at Dunkin’s “zero sugar” energy drinks, claiming the label is misleading.
Dunkin’ launched its “Zero Energy Drinks” in March, marketing them as zero sugar, with 20 calories in a medium size.
Filed on Sept. 30, an Illinois woman is suing the company in federal court in Massachusetts.
In the lawsuit, Phyllis Wells says she bought the drinks two or three times a week, because she was trying to limit her sugar intake.
The lawsuit focuses on allulose, a sugar substitute that Dunkin’ lists as the second ingredient.
Registered dietician nutritionist at Tufts Medical Center’s Frances Stern Nutrition Center, Sandra Zhang explains that allulose is widely used as a low-calorie sweetener in foods and drinks.
The FDA allows allulose to be excluded from the “total sugars” and “added sugars” counts on nutrition labels, because the body doesn’t metabolize it for energy the same way it does regular sugar.
“Because it doesn’t traditionally raise blood sugar levels, our body doesn’t have the enzyme to break it down once it’s absorbed in the bloodstream, so it’s not viewed as a sugar so that’s why it shows up in the total carbohydrate number but not in the added sugar amount,” Zhang explains.
Boston25 asked Dunkin’ customers what they think “zero sugar” means.
“No sugar,” one customer said.
Another said, “When I think about it, it just means excess sugar, like the stuff you get on the table.”
The lawsuit seeks damages and jury trial.
The case is not alleging that the drinks are illegal, just that the marketing could be misleading.
Both the attorney representing the plaintiff, and Dunkin’, did not immediately respond for request for comment.
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