YumEarth Class Action Challenges Vitamin C Pops ‘Healthy’ Claims

A class action lawsuit alleging YummyEarth Inc. falsely markets its YumEarth Vitamin C Pops as healthy was removed to federal court on Friday.

Lead plaintiff Summer Sandoval alleges in her class action lawsuit that the company dupes consumers into thinking its YumEarth Organics Vitamin C Pops are healthy.

The plaintiff says the company hid the fact that the pops are mostly sugar by listing “evaporated cane juice” as an ingredient.

The YummyEarth class action alleges that the company “goes out of its way to advertise its products, including its YumEarth Organics Vitamin C Pops, as healthy.”

Sandoval alleges that she and other potential Class Members purchased the vitamin C pops because they believed that they did not contain sugar; however, the ingredient list includes “evaporated cane juice,” which the plaintiff found out is simply sugar.

The plaintiff says that she and other consumers were willing to pay a higher price for the pops because they thought they were healthy and contained something other than sugar as their main ingredient.

“’Sugar’ is not found on the ingredient list of the Defendant’s product,” alleges the YumEarth class action. “Nowhere does Defendant explain to consumers that ‘evaporated cane juice’ is (1) not juice and (2) ‘evaporated cane juice’ in its common and usual name is sugar.”

Sandoval also points out that the Food and Drug Administration has warned companies using the term “evaporated cane juice.” The plaintiff says that the FDA has agreed that the term is false and misleading, violates labeling regulations, and is incorrect because evaporated cane juice is not juice.

“The FDA has decreed that ‘evaporated cane juice’ is not the common or usual name of any type of sweetener, including sugar,” alleges the YummyEarth class action complaint.

According to the lawsuit, YummyEarth also violates California law by using the term “evaporated cane juice.” The plaintiff alleges that under California and federal law the use of that term is misleading because it suggests that the ingredient is something other than sugar or syrup.

“Accurate labeling is required in order to help consumers make informed choices and not be misled,” alleges the plaintiff. “Defendant has made, and continues to make false and deceptive claims in violation of federal and California laws that govern labeling claims.”

Sandoval seeks to represent a nationwide Class of consumers who purchased YumEarth Organics Vitamin C Pops labeled with “evaporated cane juice” within the last four years. The plaintiff claims that YummyEarth negligently misrepresented their product to consumers and violated federal and California state law.

The plaintiff is seeking damages as well as an injunction stopping YumEarth from using “evaporated cane juice” instead of sugar on their labels.

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

The YumEarth Organic Pops False Advertising Class Action Lawsuit is Summer Sandoval v. YummyEarth Inc., et al., Case No. 5:17-cv-01832, in the U.S. District Court for the Central District of California.