On the other hand changing the serving size to ~1g would clear this up so there is a lot of rules lawyering going on here.
Especially since none of their consumers eats 1 of these things in a serving...
Is 1 at a time not enough? Is it 2 or 3?
Based on what? I think they're definitely candy.
https://en.wikipedia.org/wiki/Tic_Tac
"Product type: Breath mints"
Actual candies tend to be larger, like peppermints, or else you eat a bunch at once, like Nerds. Tic Tacs literally come in a tiny sturdy dispenser box because they're breath mints designed to keep with you for days/weeks. Not a cardboard box to consume in one or two sittings.
Also they sell non-mint ones...
My point is a serving size of 2 would avoid this skullduggery and be representative of how much people eat anyway.
Just be honest and say there is 1g of sugar in 1g of tic tacs.