Product with Stevia Targeted in “All Natural” False Advertising Lawsuit
A California resident has filed a putative class action in federal court against
the Jamba Juice Co., alleging that it falsely advertises its fruit smoothie kits
as “All Natural,” when they actually contain “unnaturally processed, synthetic
and/or non-natural ingredients,” such as ascorbic acid, citric acid, xanthan
gum, and steviol glycosides. Anderson v. Jamba Juice Co., No. 12-1213 (N.D. Cal., filed March 12, 2012). Plaintiff Kevin Anderson brings the
action in federal court under the Class Action Fairness Act, claiming that the
damages will exceed $5 million and that the class includes more than 100
individuals who have citizenship diverse from that of the defendant.
Anderson alleges that he and a nationwide class of consumers “did not receive the benefit of their bargain when they purchased the smoothie kits. They paid money for a product that is not what it claims to be.” Contending that the defendant “is a leading healthy food and beverage retailer” with a reputation for promoting healthy living, the plaintiff alleges that reasonable consumers lack the “specialized knowledge necessary to identify ingredients in the smoothie kits as being inconsistent with the ‘All Natural’ claims.” Alleging violations of California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law, Anderson seeks refunds, injunctive relief including a\ corrective advertising campaign, attorney’s fees, costs, and interest.
