Customers Want Jamba Juice Class Action Lawsuit Certified

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A group of plaintiffs are seeking certification for a Jamba Juice false advertising class action lawsuit, arguing that the company’s lack of sales data and an as-yet-undeveloped damages model should not preclude a judge from allowing them to continue the litigation.

According to the Aug. 21 motion, plaintiffs Aletta Lilly and David Cox bought Jamaba Juice kits to make their own smoothies at home based on the premise and advertising by the company that the kits used “all natural” ingredients but soon found that the mixes included “ingredients that are synthetic and/or extensively processed, such as gelatin, which is an ingredient derived from the skin and cartilage of animals.”

The Jamba Juice class action lawsuit also notes that it can still be considered false advertising to use the phrase “all natural” according to a cited FDA regulation, particularly synthetic vitamins such as ascorbic acid, which is functionally equivalent to Vitamin C. They are seeking both monetary relief based on California consumer protection statutes as well as an injunction preventing Jamba Juice smoothie kits from using the phrase “all natural” on the label.

During a recent hearing, U.S. District Judge Jon Tigar cast doubt on the company’s assertions that the lack of sales receipts were damaging to the plaintiffs’ request for Class certification. Tigar argued that those conditions were similar to nearly every consumer goods class action lawsuit and would represent a significant change in precedent. He did not comment on the lack of a clear damages model in the wake of the Supreme Court’s decision regarding antitrust litigation where Comcast was accused of creating a virtual monopoly in the Philadelphia market for cable television.

If successful, Aletta and Cox would represent a Class of “all persons in California who bought one of the following Jamba Juice Smoothie Kit products: Mango-a-go-go, Strawberries Wild, Caribbean Passion, Orange Dream Machine and Razzmatazz[.]”

The counts against Jamba Juice include violations of California’s Consumer Legal Remedies Act and Unfair Competition Law, among others.

The plaintiffs are represented by class action attorneys David B. Rosenbaum, Maureen Beyers, James K. Rogers and Anna H. Finn of Osborn Maledon PA and Robert S. Niemann of Keller and Heckman LLP.

The Jamba Juice Class Action Lawsuit is Aletta Lilly, et al. v. Jamba Juice Company, et al., Case No. 13-cv-02998 in U.S. District Cour for the Northern District of California.