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A federal judge has rejected Jamba Juice Co.’s motion to dismiss a proposed class action lawsuit alleging the smoothie company’s “all natural,” do-it-yourself smoothie kits actually contain synthetic ingredients. The Jamba Juice class action lawsuit is seeking to represent a class of all U.S. consumers who purchased the smoothie kit products: Mango-a-go-go, Strawberries Wild, Caribbean Passion, Orange Dream Machine and Razzmatazz.
Plaintiff Kevin Anderson alleges in the Jamba Juice smoothie kit class action lawsuit that the kits are mislabeled as “all natural” because they contain the synthetic ingredients ascorbic acid, citric acid, xanthan gum and steviol glycosides. Anderson accuses Jamba Juice of false advertising and violating California’s Unfair Competition Law and Consumer Legal Remedies Act.
Jamba Juice sought to have the class action lawsuit dismissed on the grounds that Anderson only bought two of the five smoothie kits targeted in the lawsuit, but U.S. District Judge Yvonne Gonzalez Rogers said the products are similar enough that Anderson can include all of them in his complaint.
“All smoothie kits are labeled ‘all natural’ and all smoothie kits contain allegedly non-natural ingredients — xanthan gum, ascorbic acid and steviol glycosides,” Judge Rogers said.
Judge Rogers rejected Jamba Juice’s motion to dismiss the class action lawsuit, but did grant its motion to dismiss Anderson’s Magnuson-Moss Warranty Act claim, saying the statement “all natural” is a general product description and not a promise that the product is defect-free.
Rogers gave Anderson the opportunity to amend his complaint, first filed in March 2012, if he has another basis to bring the MMWA claim.
The Jamba Juice smoothie class action lawsuit is seeking refunds for the proposed the class, in addition to a corrective advertising campaign. No decision on whether to certify the class action lawsuit has been made.
The Jamba Juice Smoothie Kit Class Action Lawsuit case is Anderson v. Jamba Juice Co., Case No. 12-cv-01213, U.S. District Court, Northern District of California. Anderson is represented by Rosemary M. Rivas and Danielle A. Stoumbos of Finkelstein Thompson LLP.
UPDATE: This case was dismissed on Sept. 3, 2013 due to the plaintiff’s inability to participate, court documents show. A separate but similar Jamba Juice class action lawsuit is pending. Plaintiffs filed a motion for Class certification on Aug. 21, 2014.
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3 thoughts onJamba Juice Smoothie Kit Class Action Lawsuit Survives Dismissal
As I said before to much sugar.
to much sugar!!!!!
I have an 07 Nissan Frontier with transmission and radiator problems. The dealer wants $7000 to repair the problem. My truck has 101000 miles on it. How can I hold Nissan responsible. I have to park the truck until I can save that amount of money.