McDonald's McCafé "Sugar Free" vanilla latte lawsuit (Mercado v. McDonald's)

Many coffee drinkers order a sugar-free latte to cut sugar. A new lawsuit says McDonald's McCafé drinks sold as "Sugar Free" still contain about 2 to 18 grams of sugar per serving, because they are made with whole milk or cream, and milk naturally contains a sugar called lactose.

The case is Mercado v. McDonald's Corporation, No. 1:26-cv-09142, filed October 19, 2026, in the U.S. District Court for the Southern District of New York. It is a proposed class action. No court has ruled, no class has been certified and there is no settlement.

McDonald's Corporation is a Delaware corporation headquartered in Chicago. It sells McCafé coffee drinks through its restaurants, kiosks, app and third-party delivery apps.

Plaintiff Alexander Mercado lives in the Bronx, New York. He is represented by the Law Office of James Chung and The Russo Firm. The case is assigned to Judge Lorna G. Schofield.

According to the complaint, Mercado bought an Iced Sugar Free Vanilla Latte for about $4 in or around September 2026 at the McDonald's at 5765 Broadway in the Bronx. He says he read the drink name on the menu board, believed it had no sugar and later learned it contained at least 7 grams of lactose.

The lawsuit covers four drinks: the Sugar Free Vanilla Latte, the Iced Sugar Free Vanilla Latte, the Sugar Free Vanilla Cappuccino and the Iced Sugar Free Vanilla Coffee. McDonald's own product pages describe the latte as made with espresso, "steamed whole milk and sugar-free French Vanilla syrup," and the iced coffee as made with sugar-free French Vanilla syrup "and cream."

The complaint cites McDonald's website nutrition listings for these sugar amounts:

• Sugar Free Vanilla Latte: 18 grams large, 14 grams medium, 11 grams small.
• Iced Sugar Free Vanilla Latte: 11 grams large, 8 grams medium, 7 grams small.
• Sugar Free Vanilla Cappuccino: 12 grams large, 8 grams medium, 7 grams small.
• Iced Sugar Free Vanilla Coffee: 2 grams large, 2 grams medium, 1 gram small.

We could not independently load those nutrition figures from McDonald's site, so they are attributed to the complaint.

Mercado says "Sugar Free" tells a reasonable customer the drink contains no sugar, and that the claim is false. He points to the federal rule at 21 CFR 101.60, which allows a "sugar free" claim only when a food has less than 0.5 grams of sugars per serving, and to the federal definition of total sugars, which includes lactose. He also says McDonald's does not show sugar content on menu boards and that the kiosk's "Nutrition & Ingredients" screen lists calories by ingredient but not grams of sugar.

The complaint makes a second argument. It says federal rules require a "sugar free" claim to be paired with a statement such as "not a low calorie food" unless the product is low or reduced calorie, and that McDonald's drinks, at about 90 to 280 calories, carry no such statement. Mercado says he is not trying to enforce federal food law directly, which has no private right of action, but is using it as evidence that the claim misleads under state law.

He brings four claims:

• Deceptive acts and practices under New York General Business Law 349.
• False advertising under New York General Business Law 350.
• Violation of consumer protection laws in 10 states, for the Multi-State Class.
• Unjust enrichment, for the Nationwide Class.

These are allegations. McDonald's has not responded in court, and we found no public statement from the company about the case.

Nothing has been decided. The docket shows the complaint, a civil cover sheet and a request for a summons. The court has not ruled on whether the sugar-free claim is misleading or whether the case can proceed as a class action.

The complaint proposes three groups of people who bought the drinks for personal, family or household use during the applicable limitations period:

• Nationwide Class: all purchasers in the United States.
• New York Class: purchasers in New York.
• Multi-State Class: purchasers in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington.

Excluded are McDonald's and its officers, directors and employees, entities it controls, the assigned judge and family, and counsel. The complaint says other McCafé drinks with the same claim could be added later.

1. Check the McDonald's app or your delivery apps for past orders of these drinks and save screenshots.
2. Keep card or bank statements that show McDonald's purchases, and note which drinks and sizes you usually ordered.
3. If you track sugar for health reasons, look up nutrition details before ordering, since menu boards may not list sugar.
4. Watch for a class notice if the case is certified or settles.

There is no payment now. The complaint asks for actual, compensatory and price-premium damages, $50 per violation under GBL 349 and $500 per violation under GBL 350 for New York buyers, treble damages for knowing violations, multi-state statutory and punitive damages where available, restitution, interest and attorneys' fees. These are requests, not awards. Any recovery would depend on a settlement or court ruling.

• September 2026 (about): Mercado bought an Iced Sugar Free Vanilla Latte in the Bronx.
• October 19, 2026: Complaint filed.

There are no claim, opt-out or objection deadlines yet.

• Lactose: The natural sugar in milk, made of glucose and galactose. Federal rules count it in "total sugars."
• Nutrient content claim: A label or menu statement describing the level of a nutrient, such as "sugar free" or "low fat."
• Price premium: The extra amount a buyer allegedly paid because of a product claim.
• GBL 349 and 350: New York laws against deceptive business practices and false advertising.
• Unjust enrichment: A claim that a company kept money it should not fairly keep.

Once served, McDonald's must answer or move to dismiss. A similar case filed against Starbucks on October 2, 2026, is covered on our Starbucks sugar-free latte lawsuit page. In that case, Starbucks has said the claims have no merit, that it adds no sugar to the drinks and that it has clearly disclosed nutrition information. The court would then decide whether the claims can go forward.

This article relies on the complaint, the court docket, McDonald's product pages for the Sugar Free French Vanilla Latte and Iced Sugar Free French Vanilla Coffee, 21 CFR 101.60 and New York GBL 349. Sugar gram figures, the plaintiff's purchase and the kiosk description come from the complaint. Claims that the drinks are mislabeled are allegations. McDonald's product pages use "French Vanilla" in some drink names, while the complaint uses "Vanilla."

Class Action Pulse is not a law firm or settlement administrator and does not guarantee eligibility or payment. This article is general information, not legal advice.