Law Suit: Jelly Belly Sport Beans

Ever had it before? Well you got it again.
User avatar
Rob Lister
Posts: 19794
Joined: Sun Jul 18, 2004 7:15 pm
Title: Incipient toppler
Location: Swimming in Lake Ed
Has thanked: 568 times
Been thanked: 578 times

Law Suit: Jelly Belly Sport Beans

Post by Rob Lister » Mon May 29, 2017 11:45 am

So at first I thought this was yet another bullshit lawsuit for obvious reasons. But on reading it, maybe not.
Most people know that jelly beans contain sugar. A California woman, however, says she was left in the dark and now wants retribution. Jessica Gomez says she purchased Jelly Belly's Sport Beans—advertised as a supplement for carbohydrates, electrolytes, and vitamins—believing the candy had a lot less sugar than it actually does. Sugar, she notes, was not listed in the candy's ingredients. Only later did she realize that "evaporated cane juice," which was listed, was essentially the same thing,...
http://www.newser.com/story/243264/woma ... beans.html

Image

Evaporated cane juice my ass.

Maybe that's technically legal but it is certainly intentionally misleading.

I'm going to go ahead and render a verdict for the plaintiff. I'll award her $1.29 in actual damages, $129.00 in punitive damages. Same for every member of the class.

User avatar
ed
Posts: 32628
Joined: Tue Jun 08, 2004 11:52 pm
Title: Rhino of the Florida swamp
Has thanked: 426 times
Been thanked: 713 times

Re: Law Suit: Jelly Belly Sport Beans

Post by ed » Mon May 29, 2017 11:55 am

I think we should burn all of her teachers and her parents at the stake. How are those gender studies working out for you?
- new minimalist ethos -

User avatar
Rob Lister
Posts: 19794
Joined: Sun Jul 18, 2004 7:15 pm
Title: Incipient toppler
Location: Swimming in Lake Ed
Has thanked: 568 times
Been thanked: 578 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Rob Lister » Mon May 29, 2017 12:01 pm

I think the test is known as, "A moron in a hurry" as the reasonable limit to liability. I do not think they have met that test because the FDA says that 'juice' should only refer to fruit or vegetable juice and, while they do not officially enforce that verbiage, they leave that to the courts, and I have rendered my verdict.

User avatar
Pyrrho
Posts: 25514
Joined: Sat Jun 05, 2004 2:17 am
Title: Man in Black
Location: Division 6
Has thanked: 2655 times
Been thanked: 2693 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Pyrrho » Mon May 29, 2017 2:37 pm

Willfully misleading, IMHO which is worth about $.02, American. They are kinda sorta making health claims.

http://www.sportbeans.com
Sport Beans Energizing Jelly Beans are formulated to help fuel the body during intense exercise. 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 and protect cells against oxidative damage. Flavored with real fruit juices and other natural flavors, they come in a convenient resealable bag that you will love.

Carbohydrates to fuel your body during intense activity
Electrolytes (sodium and potassium) vital for maintaining fluid balance
Vitamins B1, B2, & B3 to help burn carbohydrates and fat
Vitamin C to protect muscles and cells against oxidative damage
Do you love convenient resealable bags? Do they love you back?

UK site has listings of ingredients:

http://www.sportbeans.co.uk/nutrition/ingredients/
Brought to life with natural flavours and real orange juice, Orange is brisk and invigorating. Each delicious 100-calorie serving provides the vitamins and electrolytes you need to push your endurance further.

Ingredients: Evaporated cane juice, glucose syrup, acidity regulators (E325, E330, E331, E332), gelling agent (E440), orange puree, salt, colour (carrot), glazing agents (E901, E903, E904), natural flavourings, vitamin C, vitamin B3, vitamin B1, vitamin B2.
17g of sugar per 28g bag. To keep your insulin receptors busy.

Trace amounts of vitamins but c'mon, folks. They're jelly beans.
The flash of light you saw in the sky was not a UFO. Swamp gas from a weather balloon was trapped in a thermal pocket and reflected the light from Venus.

User avatar
shemp
Posts: 4898
Joined: Thu Jun 10, 2004 12:16 pm
Title: gnat
Has thanked: 557 times
Been thanked: 403 times

Re: Law Suit: Jelly Belly Sport Beans

Post by shemp » Mon May 29, 2017 4:04 pm

The people selling this garbage are frauds and assholes. She is a fucking idiot. And Trump will soon make these a required part of every school lunch, classified as a vegetable.
"It is not I who is mad! It is I who is crazy!" -- Ren Hoek

"[... it seems most strange that... ] the Creator of Heaven and Earth resorted to the womb of a certain Jewish lady, grew there for nine months and was born as an infant, and afterwards grew up and was betrayed into the hands of his enemies who sentenced him to death and executed him, and that afterwards... he came to life and returned to his original place. The mind of a Jew, or any other person, simply cannot tolerate these assertions. If you have listened all your life to the priests who have filled your brain and the marrow of your bones with this doctrine, and it has settled into you because of that accustomed habit. [I would argue that if you were hearing these ideas for the first time, now, as a grown adult], you would never have accepted them." -- Rabbi Moses ben Nahman, defending the Talmud at the Disputation of Barcelona, July 1263.

"God is the supreme excuse for human adults to absolve themselves of any obligation to preserve natural resources for their own children during their lifetime." -- Gene Ray

User avatar
Anaxagoras
Posts: 20957
Joined: Wed Mar 19, 2008 5:45 am
Location: Yokohama/Tokyo, Japan
Has thanked: 1333 times
Been thanked: 1114 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Anaxagoras » Tue May 30, 2017 1:40 am

"Evaporated cane juice" lol.

The "cane" I assume means sugar cane. Yeah, that's gotta be intentionally misleading. What is left behind when you evaporate sugar cane juice? No accident.

And sugar is a "simple carbohydrate".
A fool thinks himself to be wise, but a wise man knows himself to be a fool.
William Shakespeare

User avatar
Doctor X
Posts: 66688
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah
Location: Your Mom
Has thanked: 3251 times
Been thanked: 2054 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Doctor X » Tue May 30, 2017 4:24 am

Er . . . "glucose syrup," people?

100 calories each?

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

WS CHAMPIONS X3!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X5!!!!!
29

User avatar
Anaxagoras
Posts: 20957
Joined: Wed Mar 19, 2008 5:45 am
Location: Yokohama/Tokyo, Japan
Has thanked: 1333 times
Been thanked: 1114 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Anaxagoras » Tue May 30, 2017 4:52 am

Found a legal precedent: Chobani, a yogurt company, used the same wording "evaporated cane juice" in its ingredients. The only difference between this and table sugar seems to be that this is slightly less purified: it still contains some molasses. So it's more like brown sugar.

Anyway, Chobani eventually prevailed in their lawsuit:

http://www.foodnavigator-usa.com/Regula ... g-targeted

So, at least one court has already found that this particular wording is not legally actionable.
A fool thinks himself to be wise, but a wise man knows himself to be a fool.
William Shakespeare

User avatar
shemp
Posts: 4898
Joined: Thu Jun 10, 2004 12:16 pm
Title: gnat
Has thanked: 557 times
Been thanked: 403 times

Re: Law Suit: Jelly Belly Sport Beans

Post by shemp » Tue May 30, 2017 4:55 am

That is absolutely fucking ridiculous! Of course, any consumer with a quarter of a brain would know better, but that still leaves out, what, at least half the population?
"It is not I who is mad! It is I who is crazy!" -- Ren Hoek

"[... it seems most strange that... ] the Creator of Heaven and Earth resorted to the womb of a certain Jewish lady, grew there for nine months and was born as an infant, and afterwards grew up and was betrayed into the hands of his enemies who sentenced him to death and executed him, and that afterwards... he came to life and returned to his original place. The mind of a Jew, or any other person, simply cannot tolerate these assertions. If you have listened all your life to the priests who have filled your brain and the marrow of your bones with this doctrine, and it has settled into you because of that accustomed habit. [I would argue that if you were hearing these ideas for the first time, now, as a grown adult], you would never have accepted them." -- Rabbi Moses ben Nahman, defending the Talmud at the Disputation of Barcelona, July 1263.

"God is the supreme excuse for human adults to absolve themselves of any obligation to preserve natural resources for their own children during their lifetime." -- Gene Ray

User avatar
Doctor X
Posts: 66688
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah
Location: Your Mom
Has thanked: 3251 times
Been thanked: 2054 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Doctor X » Tue May 30, 2017 5:15 am

Lawyers will grow fat.

--J.D.

P.S. Did not the disclaimer "For Entertainment Purposes Only" tell her anything?
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

WS CHAMPIONS X3!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X5!!!!!
29

User avatar
shemp
Posts: 4898
Joined: Thu Jun 10, 2004 12:16 pm
Title: gnat
Has thanked: 557 times
Been thanked: 403 times

Re: Law Suit: Jelly Belly Sport Beans

Post by shemp » Tue May 30, 2017 5:21 am

Doctor X wrote:Lawyers will grow fat.
So will anyone who eats this shit.
"It is not I who is mad! It is I who is crazy!" -- Ren Hoek

"[... it seems most strange that... ] the Creator of Heaven and Earth resorted to the womb of a certain Jewish lady, grew there for nine months and was born as an infant, and afterwards grew up and was betrayed into the hands of his enemies who sentenced him to death and executed him, and that afterwards... he came to life and returned to his original place. The mind of a Jew, or any other person, simply cannot tolerate these assertions. If you have listened all your life to the priests who have filled your brain and the marrow of your bones with this doctrine, and it has settled into you because of that accustomed habit. [I would argue that if you were hearing these ideas for the first time, now, as a grown adult], you would never have accepted them." -- Rabbi Moses ben Nahman, defending the Talmud at the Disputation of Barcelona, July 1263.

"God is the supreme excuse for human adults to absolve themselves of any obligation to preserve natural resources for their own children during their lifetime." -- Gene Ray

User avatar
Abdul Alhazred
Posts: 69834
Joined: Mon Jun 07, 2004 1:33 pm
Title: Yes, that one.
Location: Chicago
Has thanked: 2879 times
Been thanked: 1102 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Abdul Alhazred » Tue May 30, 2017 9:31 am

Anaxagoras wrote:So, at least one court has already found that this particular wording is not legally actionable.
Perhaps because it really isn't deceptive wording.

Besides, isn't the real amount of sugar listed in the nutrition facts panel, even if it's in the form of honey or maple syrup or fructose etc?
Image "If I turn in a sicko, will I get a reward?"

"Yes! A BIG REWARD!" ====> Click here to turn in a sicko
Any man writes a mission statement spends a night in the box.
-- our mission statement plappendale

User avatar
Anaxagoras
Posts: 20957
Joined: Wed Mar 19, 2008 5:45 am
Location: Yokohama/Tokyo, Japan
Has thanked: 1333 times
Been thanked: 1114 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Anaxagoras » Tue May 30, 2017 10:34 am

Abdul Alhazred wrote:
Anaxagoras wrote:So, at least one court has already found that this particular wording is not legally actionable.
Perhaps because it really isn't deceptive wording.

Besides, isn't the real amount of sugar listed in the nutrition facts panel, even if it's in the form of honey or maple syrup or fructose etc?
As to your first point, I believe it is mildly deceptive, but not to the point of being an outright lie. In other words, within the normal range of marketing bullshit.

As to your second point, I haven't seen the actual label, but I did wonder the same thing myself. If you are truly interested in the amount of sugar, that's where you should look, not just the list of ingredients. The list of ingredients isn't really so informative. It tells you relatively in order the amounts of given ingredients, but not the total amount as a percentage.
A fool thinks himself to be wise, but a wise man knows himself to be a fool.
William Shakespeare

User avatar
Anaxagoras
Posts: 20957
Joined: Wed Mar 19, 2008 5:45 am
Location: Yokohama/Tokyo, Japan
Has thanked: 1333 times
Been thanked: 1114 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Anaxagoras » Tue May 30, 2017 10:38 am

http://www.sportbeans.com/

How about this:

"Clinically proven to improve athletic performance" Really?

http://www.sportbeans.com/products/asso ... beans.aspx
A fool thinks himself to be wise, but a wise man knows himself to be a fool.
William Shakespeare

User avatar
Rob Lister
Posts: 19794
Joined: Sun Jul 18, 2004 7:15 pm
Title: Incipient toppler
Location: Swimming in Lake Ed
Has thanked: 568 times
Been thanked: 578 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Rob Lister » Tue May 30, 2017 10:40 am

It's rather academic since I already made my ruling, but ...

Image

User avatar
ed
Posts: 32628
Joined: Tue Jun 08, 2004 11:52 pm
Title: Rhino of the Florida swamp
Has thanked: 426 times
Been thanked: 713 times

Re: Law Suit: Jelly Belly Sport Beans

Post by ed » Tue May 30, 2017 12:30 pm

It says 17g sugar. What is the issue?
- new minimalist ethos -

User avatar
Rob Lister
Posts: 19794
Joined: Sun Jul 18, 2004 7:15 pm
Title: Incipient toppler
Location: Swimming in Lake Ed
Has thanked: 568 times
Been thanked: 578 times

Re: Law Suit: Jelly Belly Sport Beans

Post by Rob Lister » Tue May 30, 2017 12:42 pm

it's not bolded. and the ingredient list is center justified making the word spacing untenable.