SAN DIEGO (Legal Newsline) – A federal judge has tossed a class action lawsuit that claimed GoodBelly probiotic drinks weren’t as healthy as they were marketed to be because they contain sugar.
San Diego federal judge Barry Ted Moskowitz tossed the case April 27, granting plaintiff lawyers at Fitzgerald Joseph a month to fix the problems with their case. “It is not clear to the Court whether Plaintiff will be able to state a claim in light of the Court’s conclusions,” the judge wrote.
The case targets GoodBelly drinks purchased by plaintiff Evlyn Andrade-Heymsfield. Defendant NextFoods said its ingredients promoted health in the digestive system.
But lawyers said the drinks contained “excessive amounts of free sugar” that could lead to conditions like obesity and high cholesterol. Moskowitz ruled a reasonable consumer would not be misled by NextFood’s marketing.
“(M)embers of the public would not likely be deceived by the juice drink labels,” he wrote. “Fairly read, and taking into account the context of the whole label, the juice drinks claim to promote digestive health via the probiotics in the drinks.
“Any reference to ‘overall’ health or wellness is related to claims that digestive health may impact on overall wellness.”
The sugar content was clearly disclosed on the packaging, too.
“(B)ecause a reasonable consumer would not mistakenly believe the product is promoting that sugar is good for health, or that the product promises overall health in spite of the sugar, Plaintiff’s theory is ultimately implausible.”