After a California federal court certified the class for liability but not for
damages, the parties to a class action alleging that Jamba Juice mislabeled
its smoothie kits as “all natural” despite containing synthetic ingredients like
gelatin and xanthan gum have reached a settlement. Lilly v. Jamba Juice Co.,
No. 13-2998 (U.S. Dist. Ct., N.D. Cal., plaintiffs’ motion for settlement approval
filed December 1, 2014).

Under the proposed settlement agreement, Jamba Juice will remove “all
natural” from its smoothie kit labeling and advertising by March 2015. The
agreement will remain in force until the smoothie kits no longer contain the
allegedly unnatural ingredients or the U.S. Food and Drug Administration
classifies the ingredients as natural. The plaintiffs’ attorneys will also receive
$425,000 in costs and fees. Additional information about the class certification
appears in Issue 539 of this Update.

 

Issue 547

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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