Fresh Sugar is facing a proposed class action that accuses the brand of misleading shoppers by heavily promoting its lip products as sugar-powered, even though they allegedly contain no actual sugar at all.
What the lawsuit claims
The case, Burke et al. v. Fresh, Inc., was filed on December 8, 2025, in the U.S. District Court for the Northern District of California under case number 3:25-cv-10520. The complaint targets several Fresh Sugar lip products, including Fresh Sugar Lip Balm, Sugar Tinted Lip Balm in all shades, Fresh Sugar Lip Treatment SPF 15, Sugar Advanced Therapy Lip Treatment, and Sugar Advanced Therapy Lip Rescue Ointment.
According to the filing, Fresh allegedly built a unified marketing message around sugar, using phrases such as “powered by sugar from beet root and sugar cane” and “infused with sugar,” alongside imagery of crystallized sugar on product pages and packaging. The lawsuit argues that a reasonable consumer seeing the repeated “SUGAR” claims would believe these lip products actually contain sugar and would be willing to pay a premium for them on that basis.
Why sugar matters in beauty marketing
In the complaint, sugar is described as a “simple carbohydrate” prized in skincare for humectant and gentle exfoliating properties, as well as being a natural source of glycolic acid that can support cell turnover. Because of these perceived benefits, plaintiffs say consumers are drawn to products that explicitly highlight sugar as an active ingredient and may choose Fresh Sugar over less expensive alternatives that lack those claims.
The lawsuit also points out that Fresh sells other Fresh-branded products bearing “SUGAR” on the front label that do contain sugar, such as facial scrubs and treatments. This is cited to show that Fresh allegedly could have added sugar to the lip line as well, but instead used sugar-centric branding without including the ingredient in the formulas at issue.
The consumers behind the filing
Lead plaintiff Helena Burke, a resident of San Francisco, California, says she purchased Fresh Sugar Watermelon Hydrating Lip Balm around August 2024 and a Fresh Sugar Tinted Lip Balm around January 2025 from a Macy’s store in San Francisco. She claims she relied on the prominent “Sugar” wording on the front label and the broader brand marketing, believing the products contained real sugar, and did not check the back label.
Co-plaintiff Breeana Cooper, who lives in Murrieta, California, alleges she bought Fresh Sugar Lip Treatment Lip Balm around June 2022 at a Sephora in Anaheim, California, similarly relying on the “Sugar” representations and associated advertising. Both plaintiffs say they would not have purchased the products, or would have paid significantly less, had they known the lip products allegedly do not contain sugar.
Legal theories and what’s at stake
The complaint accuses Fresh of violating the California Unfair Competition Law, California Consumers Legal Remedies Act, and California False Advertising Law, among other claims. It alleges Fresh knew or should have known that its sugar-focused front labels and marketing were misleading but used them anyway to gain a competitive edge and boost sales of the Fresh Sugar lip line.
The proposed class seeks to represent all U.S. residents who bought any of the allegedly mislabeled Fresh Sugar products within the applicable limitations period, and asks for monetary relief, corrective advertising, and changes to labeling practices. The suit positions the case as part of a broader wave of false advertising litigation in beauty, where ingredient-led storytelling is increasingly scrutinized when it does not align with product formulas.
What this means for beauty shoppers and brands
For beauty shoppers, the lawsuit is a reminder to scan ingredient lists rather than relying solely on bold front-of-pack claims such as “sugar,” “vitamin C,” or “hyaluronic acid.” The plaintiffs argue that front labels, campaign visuals, and copy can create a powerful narrative that may not always match what is in the tube or jar, especially when brands lean into trending “hero” ingredients.
