Christina Spicer  |  July 25, 2017

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Colorful Fruity Gummy Bears Ready to EatThe Organic Candy Factory was hit with a class action lawsuit alleging it deceptively markets various products, including “Gummy Cubs.”

Lead plaintiff Liza Arabian alleges in her class action lawsuit that The Organic Candy Factory duped her into buying some of its products by prominently displaying what she thought were ingredients on the packaging.

The plaintiff says that “Gummy Cubs” and a chocolate covered gummy product do not actually contain real ingredients, including peaches, boysenberries, blackberries, and raspberries.

“Candy Factory sells these products in packaging with either the flavor ‘Peach’ or ‘Boysenberry, Blackberry & Raspberry’ prominently featured on the front,” alleges the plaintiff in her complaint. “The flavors ‘Peach’ or ‘Boysenberry Blackberry & Raspberry’ on Candy Factory’s packaging represent to consumers that the Gummy Cubs contain peach, boysenberry, blackberry, or raspberry ingredients (‘Real Ingredients’). However, the reality is that the Gummy Cubs do not contain these ingredients.”

According to the class action lawsuit, Arabian purchased some Organic Candy Factory products from a Coffee Bean store in California. She says that she thought the products would contain “Real Ingredients” because the fruits were prominently featured on the packaging and there were no asterisks by the fruit names.

The plaintiff alleges that she would not have purchased the Organic Candy Factory products or would have paid less for them if she had known they didn’t contain the “Real Ingredients” displayed on the packaging.

“There were no asterisks present next to the name ‘Boysenberry, Blackberry & Raspberry’ on the packaging to disclose the lack of Real Ingredients in the Class Products,” alleges the plaintiff. “Had there been an adequate disclosure that the Class Products did not contain Real Ingredients, Plaintiff Arabian would have learned that the Gummy Cubs lacked Real Ingredients.”

The varieties of Gummy Cubs at issue in the class action lawsuit include the following: Organic Gummy Cubs – Peach, Organic Gummy Cubs – Boysenberry Blackberry & Raspberry, Organic Gummy Cubs in Milk Chocolate – Peach, and Organic Gummy Cubs in Milk Chocolate – Boysenberry Blackberry & Raspberry.

According to the class action lawsuit, The Organic Candy Factory is unfairly profiting from consumers’ increased health awareness and willingness to pay more for products with “Real Ingredients.”

“Peaches ward off obesity-related diseases such as diabetes, metabolic syndrome and cardiovascular disease,” says the class action. Additionally, “Boysenberries are high in vitamin C and potassium,” and “[b]lackberries have one of the highest antioxidant levels among all fruits.” “Raspberries can help fight cancer through their high antioxidant contents,” continues the complaint.

The plaintiff seeks to represent a nationwide Class of those who purchased “Peach” and/or “Boysenberry, Blackberry & Raspberry” Organic Gummy Cubs from the Organic Candy Factory, along with a California subclass. The plaintiff claims that the Organic Candy Factory intentionally and fraudulently misleads consumers and violates various California laws.

The plaintiff is seeking damages and an injunction stopping the Organic Candy Factory from its allegedly deceptive labeling of the products.

Arabian is represented by Hovanes Margarian from The Margarian Law Firm.

The Organic Candy Factory False Advertising Class Action Lawsuit is Liza Arabian v. The Organic Candy Factory, Case No. 2:17-cv-05410, in the U.S. District Court for the Central District of California.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

107 thoughts onOrganic Candy Factory Class Action Says Packaging Deceives Shoppers

  1. Diane Narciso says:

    Please add me to the list

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  2. Stormy Owens says:

    Stormy Owens

    Please add me to that list, please.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  3. renee shedelbower says:

    Please add me

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  4. Lucy Nathan says:

    add me please.

  5. Veronica says:

    Add me to this lawsuit please

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  6. Wanda Deese says:

    Please add me to this lawsuit.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

      1. Diane Narciso says:

        Please add me to the list. Thank you.

1 8 9 10

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.