Photo: Brandon Dilbeck (Wikimedia Commons)
Some formerly used language on one of Jelly Belly’s products may have them in some trouble.
A woman by the name of Jessica Gomez is currently suing the candy-making giant for allegedly tricking her into buying a product she believed to be free of sugar, according to FOX News. The plaintiff purchased Jelly Belly’s Sports Beans that she thought to be free of sugar since that word did not show up in the ingredients. However, she is now arguing that she was confused by “fancy phrasing” since the ingredients listing called the sugar added into the product “evaporated cane juice” instead of just sugar.
Gomez contends in her class-action lawsuit that by using this descriptive word choice for what is essentially sugar, Jelly Belly’s Sports Beans become more appealing to the athletes that consume them for their energy, electrolytes, and vitamins.
Gomez is seeking a trial by jury against Jelly Belly for false advertising, along with reparations for legal fees, damages, and restitution for the “extra amount of money” she and others spent on the jelly beans because of their perceived healthiness, according to Forbes. Jelly Belly, of course, has called the entire lawsuit “ridiculous” since they label added sugars on the nutrition label.
While the whole lawsuit does sound a little absurd, Jelly Belly could find itself in hot water due to the wording of “evaporated cane juice.” Legally, the FDA has recommended companies to avoid using that phrase in their label, and Jelly Belly in fact changed their label to say “cane sugar” on the Sports Beans recently, according to Grubstreet. Thus, the argument could be made that Jelly Belly knew their language was deceptive and changed it to prevent lawsuits like this one from happening. Gomez must have bought some of the beans that were in circulation without the new label change, which could have led to this lawsuit.
If that is the case, there is a chance that Gomez could actually win her lawsuit. For now, we’ll just have to see where it progresses.