Organic Candy Factory Class Action Says Packaging Deceives Shoppers

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The 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.