Jelly Belly sued by woman claiming she didn’t know jelly beans contained sugar
SAN BERNARDINO COUNTY, Calif. — A California woman is suing Jelly Belly and claiming the “fancy phrasing” on the packaging of its Sport Beans tricked her into believing the product was sugar-free, according to Fox News.
Jessica Gomez filed the lawsuit earlier this year, alleging the Sport Beans are marketed as an exercise supplement.
The website described the beans as being, “Clinically proven to maximize sports performance, each bean is loaded with carbs for fuel, electrolytes to help maintain fluid balance and vitamins to optimize energy release.”
Surprisingly, Gomez may have a case as Jelly Belly lists evaporated cane juice on the label, but not sugar.
According to the lawsuit, the wording on the label is designed to intentionally confuse health-conscious consumers the product targets.
Jelly Belly attempted to have the case dismissed in April, arguing Gomez could not have seen ‘evaporated cane juice’ without also seeing the product’s sugar content on its nutrition facts panel.” But the Food and Drug Administration issued a statement on the use of the term “evaporated cane juice” that seems to show Gomez might have a case.
The statement reads, “The FDA’s view is that the term ‘evaporated cane juice’ is false or misleading because it suggests that the sweetener is fruit or vegetable juice or is made from fruit or vegetable juice, and does not reveal that the ingredient’s basic nature and characterizing properties are those of a sugar.”
The FDA recommended using the term “sugar” instead of “evaporated cane juice,” but didn’t require it.
“The guidance recommends that ingredients currently labeled as ‘evaporated cane juice’ be relabeled to use the term ‘sugar,’ optionally accompanied by a truthful, non-misleading descriptor to distinguish the ingredient from other cane-based sweeteners,” the release said.