LOS ANGELES (Legal Newsline) — A California woman has filed a class action lawsuit against Jelly Belly Candy Company and Does 1-25, alleging fraud, negligent misrepresentation and product liability.
Jessica Gomez of San Bernadino County filed a complaint, individually and on behalf of all others similarly situated in Superior Court of California against Jelly Belly Candy Company and Does 1-25, alleging they improperly advertise their sports beans as a performance aid.
The defendant removed the case to U.S. District Court for the Central District of California on Feb. 22.
According to the complaint, Gomez was induced into purchasing a product that was falsely advertised as being able to provide energy for athletes. The plaintiff alleges the defendants advertise their product to be suitable for athletes by wrongfully alleging that it contain carbs, electrolytes and vitamins.
Gomez seeks trial by jury, appointing the plaintiff to represent the class, damages suffered by the plaintiff and class members, restitution of all monies wrongfully obtained, an injunction ordering the defendants to cease and desist from engaging in the unfair practice, pre-judgment and post-judgment interest, costs of court, attorney fees and all other proper relief. She is represented by attorneys Thomas Kohler and Ryan Ferrell of Apex Trial Law in Newport Beach, California.
U.S. District Court for the Central District of California Case number 5:17-cv-00575-CAS-FFM