Jelly Belly Candies Contain Sugar? Who Knew!
Earlier this year, Jessica Gomez of California, claimed she was tricked by Jelly Belly into buying candy she believed to be sugar-free when in fact it was not. Jelly Belly Candy Company, formerly known as Herman Goelitz Candy Company and Goelitz Confectionery Company, manufactures Jelly Belly jelly beans and other types of candy. Gomez specifically purchased Sports Beans, which is a line of jelly beans marketed to athletes as more or less, she claims, a supplement, because these beans contain carbohydrates, electrolytes and vitamins. The sweetener listed on the packaging is ‘evaporated cane juice’, rather than simply sugar, so Gomez believed the candy was sugar-less, and she alleges she only consumed the candy because she thought it was a healthy alternative to the regular candy. If she knew there was sugar, she would have avoided it.
Gomez was so appalled after discovering she had been consuming sugar all along that she filed a class action lawsuit alleging Jelly Belly had violated California’s Consumer Legal Remedies Act and Unfair Business Practices Law. She claimed the company had purposely left the word ‘sugar’ off the labeling to falsely advertise to health conscious consumers and ensure this demographic continued to purchase the candy. The plaintiff’s original complaint states: “Nowhere does the defendant explain to consumers (1) that ‘evaporated cane juice’ is not juice and (2) that ‘evaporated cane juice’ by its common and usual name is sugar.”
Jelly Belly responded by filing a motion to dismiss in April, stating Gomez’s claims are “complete nonsense”. Jelly Belly’s dismissal insists that “no reasonable consumer could have been deceived by Sport Beans’ labeling,” adding that it is ridiculous to think anyone who knew enough to read the ingredient list would do so “without also seeing the product’s sugar content on its Nutrition Facts panel.” And, further, the “Plaintiff does not explain why an athlete—or anyone—would be surprised to find sugar in a product described as ‘Jelly Beans’”. Basically, the company took a shot at Gomez’s intelligence, alluding to the supposedly common sense fact that all jelly beans are sugar filled.
However, the Food and Drug Administration (FDA) sided with the plaintiff in May 2016, and the FDA declared that listing evaporated cane juice rather than sugar is indeed misleading. It put new guidelines into place that encourage against this practice, and also the practice of using the term ‘juice’ to be refer to anything other than a fruit or vegetable. Adjusting labeling in this way would avoid any unnecessary confusion and hopefully keep companies out of court.
Unfortunately, the FDA can encourage companies to comply, but cannot legally force a company to adjust its labeling. Those that do not change their labeling are welcoming lawsuits after such opinions are issued, however, as the FDA’s recognition of misleading labeling aids in a case against anyone still using it. An unhappy consumer can cite The FDA’s recommendation in court alleging the producer knew better. ‘Label at your own risk’ is more or less the FDA’s warning moving forward, and Jelly Belly will now have to take heat from a defensive position. The negative press could spark others to avoid its products. Only time will tell.
Sources:
Woman Sues Jelly Belly, Claims She Didn’t Know Their Jelly Beans Contained Sugar
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