The Jamba Juice lawsuit is a recent example of deceptive marketing practices that target overweight people. According to the Jamba Juice group suit, this deceptive marketing goes way deeper than simple claims of smoothies being healthy. False claims of no added flavors, smoothies which only contain or primarily contain, sugar from natural fruits and veggies, and other claims that are essentially nutritionally identical to eating natural fruits and veggies are all untrue as stated in both the Jamba Juice lawsuit from the Smoothie King Company. As stated in both cases, the plaintiffs were sent and given only one type of Jamba Juice in order to market their company and its product line as the premier health drinks in the market.
The lawsuit against Jamba Juice LLC was filed by the class action lawsuit protection firm of Pepper&Co, Latham & Gates, and Co.
The complaint states that the company deceived the American public when it markets its products under various names, such as Healthy Mix, Myoplex, Juice Plus, and Fresh Juices. These brands apparently deceive consumers by claiming that the product they carry is a “healthy, all natural fruit” drink when in reality it is nothing more than sugar water with no nutritional value. The class action lawsuit further states that the company’s advertisements feature words such as “no sugar added”, “no calories”, “low calorie”, “no trans fat”, “no lactose”, “no salt”, “no artificial flavors”, and “hypo-allergenic”. These statements falsely state that the products are free of any ingredients harmful to a person’s health, yet the company does not list any of the ingredients used in their smoothies.
Also in the lawsuit claims that the company’s smoothies are “all natural” and “safe for even baby consumption”.
However, these statements are false and misleading. In fact, the only safe beverage that can be classified as a healthy all natural fruit smoothie is pureed fresh organic whole fruits. The entire pulp and the skin of the fruit must be used when creating a smoothie. It must also contain no artificial sweeteners, high fructose corn syrup, agave nectar, or other processed sugar. Further, the juice must contain no wheat, dairy, yeast, or soy.
Additionally, a representative from the company visited the plaintiffs in their home to personally deliver a free 1-ounce Jamba Juice product to them.
During this visit, the representative “misled” the plaintiffs that the Jamba Juice they received was a “healthy diet shake”. This was a deliberate attempt to lure the plaintiffs into purchasing a product that the company knew was not safe for dieting. Despite the fact that the lawsuit was later dropped by the federal court, the attorneys who filed the lawsuit are still pursuing the case with the assistance of a new lawyer.
One reason why the Jamba Juice Company may be trying to avoid paying the lawsuit funds is because they realize that they do not control the amount of calories in their smoothies.
Most people would agree that buying a diet smoothie that has zero calories is the best way to lose weight. It is also important to note that the vast majority of the Jamba Juice products do have some calories. (They are not low in calories like some of the other diet shakes.) Still, the company is being accused of “doctoring” and “manipulating” the statements on their website to make it appear that the Jamba Juices is healthy.
One could argue that the defendants did not misstate the facts about the contents of the diet shake products.
After all, who is to say that someone other than the manufacturer of the Jamba Juice drinks didn’t concoct them? However, the plaintiff’s attorney did file a lawsuit against the Jamba Juice Company on their behalf. In essence, the attorney is saying that the company fraudulently advertised their products as healthy when the truth was that the product contained more sugar than could be readily reduced by drinking a glass of water. Hopefully, this case will go far enough to encourage other companies to be more careful about what they advertise and how they describe their products to the general public.