Woman sues Jelly Belly sweet company because their jelly beans contain sugar
Californian Jessica Gomez says she did not expect Jelly Belly Sports Beans to contain sugar.
A woman is reported to be suing Jelly Belly because their jelly bean sweets contain sugar and, she alleges, this fact is not made obvious to the consumer.
The lawsuit is focused on the product line Jelly Belly Sports, which are pitched towards athletes as an exercise supplement.
California resident Jessica Gomez alleges that Jelly Belly have misrepresented the contents of the beans by referring to sugar as "evaporated cane juice" in the ingredients list, according to Forbes.
Evaporated cane juice has been employed by various food manufacturers as a synonym for sugar in the past few years – and not without controversy.
The US Department of Health recommended that the somewhat euphemistic phrase be dropped from packaging in a non-binding guidance document published in May 2016.
However, Jelly Belly describe Gomez's claim as "nonsense" and point out that an explicit reference to sugar is made elsewhere on the packaging.
"No reasonable consumer could have been deceived by Sport Beans' labelling – Gomez could not have seen 'evaporated cane juice' without also seeing the product's sugar content on its nutrition facts panel."
"And she has pled no facts to suggest that athletes, who consume this product to sustain intense exercise, would want to avoid sugar rather than affirmatively seek it."
Gomez maintains that the product is a violation of California's Consumer Legal Remedies Act, Unfair Business Practices Law and False Advertising.
She is seeking a trial by jury, damages, restitution, attorneys fees and injunctive relief, according to Forbes.
Jelly Belly have removed the case, filed in a state court, to a federal court in Los Angeles.
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