Jelly Belly Class Action Challenges ‘Evaporated Cane Juice’ Ingredient

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The Jelly Belly Candy Company intentionally deceives consumers into believing that its products are healthier than they actually are, according to a class action lawsuit.

Plaintiff Jessica Gomez says the Jelly Belly Candy Company, known for their jelly beans, also manufactures “Sport Beans” which are packaged and claimed to be ”energizing” as they “contain carbs, electrolytes, and vitamins.”

Moreover, to advertise their healthier “Sport Beans,” the defendant clearly states, rather than sugar, that the candy contains “evaporated cane juice.” Gomez says the only problem with that is “evaporated cane juice” is nothing less than actual sugar.

“Nowhere does defendant explain to consumers 1) that ‘evaporated cane juice’ is not juice and 2) that ‘evaporated cane juice’ by its common and usual name is sugar,” the Jelly Belly class action states.

Gomez alleges that the defendant falsely labels their products as being made with a natural substitute for sugar, “evaporated cane juice,” in order to deceive consumers into purchasing these products.

“Defendant’s misrepresentations regarding the product were designed to, and did, deceive plaintiff and others similarly situated with regard to the ingredients and nature of the product,” the lawsuit claims. “Plaintiff and members of the class relied on defendant’s misrepresentations and would not have paid as much, if at all, for the product but for defendant’s misrepresentations.”

The plaintiff says she purchased the product last year in California. Gomez says she relied on the “accurate” label when making her purchasing decision.

The lawsuit points out that the Food and Drug Administration has warned manufacturers from using the term “evaporated cane juice” because: “1) it is false and misleading; 2) the term violates a number of labeling regulations requiring products to be labeled with the usual and common names of ingredients and to accurately describe those ingredients; and 3) ‘evaporated cane juice’ is not juice. “

Gomez contends that the defendant’s practices are in violation of the Consumers Legal Remedies Act and California’s False Advertising Law. The defendant is also in violation of having committed negligent misrepresentation and unlawful, fraudulent, and unfair business practices, according to the plaintiff.

Moreover, the Jelly Belly class action lawsuit claims that the misleading representation of these products allows the defendant to increase its sales and benefit from an increasing monetary gain.

Jelly Belly is also facing a putative class action lawsuit in Missouri that alleges similar claims regarding the candy manufacturer’s use of the term “evaporated cane juice.”

Gomez is represented by Thomas W. Kohler and Ryan M. Ferrell of Apex Trial Law.

The Jelly Belly Class Action Lawsuit is Gomez v. Jelly Belly Candy Company, Case No. 2:17-cv-02330, in the U.S. District Court for the Central District of California.

UPDATE: On May 22, 2017, the plaintiff asked a federal judge to dump Jelly Belly’s motion to dismiss the evaporated cane juice class action settlement.