DID JELLY BELLYMISREPRESENT ITS PRODUCT? One Sweet Lawsuit
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 confectionary 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 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.”
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 FDA makes 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.
A Sacramento judge threw out the lawsuit saying it “did not pass legal muster.”
Take a Break!
Protein-Packed Breakfast Burritos
Ingredients
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2 tbsp olive oil, divided 1 medium onion, diced 1 bell pepper, diced 16 oz ground chicken
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1/2 tsp pepper 1/2 tsp paprika
1/2 tsp garlic powder
6 eggs
16 oz sausage
12 8-inch tortillas
1/2 tsp salt
12 slices cheddar cheese
Directions 1.
In a skillet, heat 1 tbsp olive oil over medium heat. Add onion and bell pepper and sauté. Remove from pan and set aside. In the same pan over medium heat, add chicken, sausage, salt, pepper, paprika, and garlic powder. Cook for 3–4 minutes before stirring to get a brown crust on the bottom. Then, stir and continue cooking until meat is cooked through. In a medium bowl, whisk the eggs together.
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In another skillet over medium heat, add 1 tbsp olive oil. Pour in eggs and scramble them, cooking until no liquid remains. Set aside. Lay out the tortillas with one slice of cheddar cheese on each. Place an even amount of vegetables, meat, and eggs on every tortilla. Wrap each burrito and enjoy immediately or wrap in foil and freeze for another morning!
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Inspired by TheToastyKitchen.com
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