On May 31, 2019, Kaplan Fox and its co-counsel, Center for Science in the Public Interest (CSPI) and Reese LLP, filed a stipulation of settlement in a class action against Focus Brand for deceptively marketing Jamba Juice smoothies as nutritionally beneficial and comprised of whole fruits and vegetables. As part of the settlement, marketing for Jamba Juice smoothies, including notably menu boards and in-store signage, must be transparent about ingredients and nutrition characteristics. By way of example, the settlement prohibits the use of “orange” as an ingredient on the menu board when the actual ingredient in the smoothie is sugary orange sherbet, and the like. The settlement also bars Focus Brands from using words like healthy to market Jamba Juice smoothies when they are high in sugar. A single 28 ounce Caribbean Passion smoothie, for example, has 89 grams of sugar or approximately 22 teaspoons, whereas a 20 ounce bottle of Pepsi has 70 grams. The American Heart Association recommends a maximum of six teaspoons of added sugar a day for women and children, and nine for men, because of the health detriments of excess sugar in the diet like type 1 diabetes.

Kaplan Fox attorney Maia Kats initiated the litigation as Litigation Director at CSPI and finalized the resolution from her new role at Kaplan Fox. Good Morning America devoted a segment to this litigation.

Kaplan Fox is a recognized leader in the area of consumer litigation, including on claims of deceptive advertising in the food and dietary supplements industry. Kaplan Fox has recovered hundreds of millions of dollars on behalf of plaintiff classes. If you would like additional information about the Jamba Juice litigation, or have information about a similar complaint that you wish to discuss with Kaplan Fox attorneys, please phone us toll-free at 1-844-333-7660, or fill out the below online form.