Foust Law Office - August 2020

ONE SWEET LAWSUIT Did Jelly Belly Misrepresent Its Product?

enhancing athletic performance. Instead, the ingredient was listed as“evaporated cane juice.”

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, andmany 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 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

This, the plaintiff’s lawyers explained, misled consumers into believing the product did not contain sugar. In the complaint, the plaintiff stated, “In order tomake the product appear evenmore 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 foodmanufacturers 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.”


With These Sensory-Rich Activities

Make a pile of pillows and jump into it.

Is this just the way raising young kids is? Does a lack of sleep, change in routine, or intense hunger always have to lead to a meltdown? While it’s human to feel emotions and express them, you can use certain strategies to help your child navigate major emotions and calm down. The key is helping them tap into their central nervous system with activities that engage their senses. Just like adults, younger kids sometimes need support to regulate their emotions, especially in situations that are stressful for them. That’s where activities that engage the five senses can be really beneficial. Sensory activities that utilize the five senses can help your little one connect their body to their immediate surroundings and the larger world around them.

You can see it happening, almost in slow motion: Your child goes from playing and laughing to frowning in less than a second. They start to cry, and suddenly, a meltdown is underway.

Put on some fun music and dance.

Bounce your little one on your lap or an exercise ball.

Take them for a spin around the house in a box or laundry basket; kids can even race each other.

Create a slide by propping a mattress or exercise mat against the couch.

These are activities you can use right where you are to help your child find their calm again, even in a meltdown. According to early childhood development expert Alyssa Blask Campbell, sensory input stays in the system for about two hours, meaning even just five minutes of these types of activities can give you and your child hours of calm throughout the day.

Here are some sensory-rich activities that can help kids feel calmer in stressful times:

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