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Why Jelly Belly Was Sued for Misrepresentation
ONE SWEET LAWSUIT DID JELLY BELLY MISREPRESENT ITS PRODUCT?
Most of us consider it common knowledge that Jelly Belly’s popular jelly beans, and any other candy, contain sugar. The candy, made by Jelly Belly Candy Company, has been in production for decades, and many consider it an American confectionery staple. But when the company began offering its famous jelly beans in a new sport-enhancing product line, it left at least one consumer confused. In 2017, Jessica Gomez filed a class-action lawsuit with the Superior Court of California against the Jelly Belly Candy Company. Gomez alleged fraud, negligent representation, and product
This, the plaintiff’s lawyers explained, misled consumers into believing the product did not contain sugar. In the complaint, the plaintiff stated, “In order to make the product appear even more appropriate for athletes and less like a candy, the defendant lists ‘evaporated cane juice’ as an ingredient in its product.” However, the product’s Nutrition Facts label states that one serving of Sport Beans contains 19 grams of sugar. In a motion to dismiss, the Jelly Belly company called the claims “nonsense” and said that “no reasonable consumer could have been deceived by Sport Beans’ labeling.” Such clever labeling is common enough that the Food and Drug Administration (FDA) has addressed it. The FDAmakes clear that evaporated cane juice is, in fact, sugar. Its guidelines to food manufacturers state that “sweeteners derived from sugar cane should not be declared on food labels as evaporated cane juice,” though this is merely a suggestion and not a legal requirement.
liability. The suit also alleged that the product violated California’s Consumer Legal Remedies Act, false advertising law, and unfair business practices law. What was the alleged fraud and negligent representation? The suit claimed Jelly Belly purposely excluded the word “sugar” from their Sport Beans products, which are marketed as enhancing athletic performance. Instead, the ingredient was listed as “evaporated cane juice.”
A Sacramento judge threw out the lawsuit saying it “did not pass legal muster.”
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