GoodBelly Probiotic JuiceDrinks not as healthy as advertised, class action alleges

GoodBelly class action overview: 

• Who: A GoodBelly juice consumer is suing NextFoods.
• Why: The plaintiff says the juice is advertised as being healthy when it allegedly is not. 
• Where: The GoodBelly class action is active in the United States.
• What are my options: Consumers interested in probiotics might be interested in products from Nature Made.

NextFoods misrepresents some of its GoodBelly Probiotic JuiceDrinks as being healthy, when they contain too much sugar to be labeled as such, a new class action lawsuit alleges.

Plaintiff Valerie Gates filed the class action lawsuit against NextFoods Inc. on April 27 in a New York federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, for several years, NextFoods has sold a line of fruit juice beverages branded GoodBelly Probiotic JuiceDrinks. NextFoods states on their labels that the JuiceDrinks promote “digestive health” and thereby promote “overall health” and “overall wellness,” Gates says. 

However, she alleges the labeling of the JuiceDrinks is false or highly misleading for several reasons.

She says representations that the JuiceDrinks promote “digestive health” and “overall health” are misleading because the sugar contained in the JuiceDrinks allegedly directly harms digestive health and overall health.

“A reasonable consumer would not expect a product labeled as promoting ‘digestive health’ to contain large amounts of another substance that directly and significantly harms digestive health, and thus would be misled.”

NextFoods omits important information, lawsuit alleges

Gates says NextFoods omits material facts in its marketing and therefore the product is overpriced. 

“While representing that the JuiceDrinks promote digestive health, NextFoods regularly and intentionally omits material information regarding the dangers of the free sugars in the JuiceDrinks and the harm to digestive health that they cause,” she says.

She is looking to represent anyone in the United States who bought any of the JuiceDrinks in the past three years.

She is suing under New York General Business Law and for misrepresentation and unjust enrichment, and seeks certification of the class action, damages, fees, costs and a jury trial

Consumers have taken aim at other “healthy” beverages recently.

Botanic Tonics advertises its Feel Free Wellness Tonic as a safe and healthy alternative to alcohol, but fails to disclose that one of its ingredients is potentially highly addictive, another class action lawsuit alleges.

Have you bought one of the NextFood GoodBelly drinks? Let us know your thoughts in the comments.

The plaintiff is represented by Jack Fitzgerald of Fitzgerald Joseph LLP.

The NextFoods Inc. class action lawsuit is Valerie Gates, et al. v. NextFoods Inc., Case No. 5:23-cv-00530-FJS-ATB in the U.S. District Court for the Northern District of New York. 

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