JonnyPops is facing a lawsuit filed in California alleging the Minnesota-based company misleads customers about the nutritious nature of its frozen treats.
The suit's complaint charges the ice pop-maker with the "use of misleading, unlawful and fraudulent packaging and advertising practices to attract customers to pay a premium for its seemingly wholesome, fruit-filled ice pops, when in reality, almost all of the nutritional content of these ice pops come from added cane sugar." Current packaging says the products are "made with simple ingredients." Advertising has also boasted "real" or "fresh" cream and "real fruit" as ingredients.
The lawsuit also alleged the nutrition labels on the boxes are misleading, as they show a serving size of one frozen pop despite Food and Drug Administration guidelines requiring these products to use a serving size of two-thirds of a cup, which would equate to two or three pops.
"We believe that these claims are without merit," JonnyPops said in a statement. "We cannot comment further on the specifics of the case, as it is a pending legal matter. ... We are preparing to respond appropriately."
The complaint said the company's practices harmed the plaintiffs "monetarily" — a box of four ice pops costs about $5 — as well as physically after dealing with the "harmful effects" of excess sugar. The suit said just one pop exceeds the recommended daily limit of added sugar for children.
The total number of prospective class members is unknown — as the filed suit named just one plaintiff: Jose Shuton — but the suit indicated "the classes likely consist of thousands of individuals throughout California." Filed Feb. 1 in Los Angeles County's California Superior Court, the case could end up as a class-action suit if certified as such.
Abe Chaballout, the plaintiff's attorney, was not reachable for comment.
Originally founded in a St. Olaf college dorm, JonnyPops are now available from a wide range of retailers including Target, Sam's Club and Costco. In Los Angeles, JonnyPops are available at grocers like Ralphs and a few natural food stores. The company moved its headquarters to Elk River in 2022.
Other Minnesota food companies have faced similar cases, with many of them originating in California where state laws are favorable to consumers filing lawsuits about ingredients. From a legal standpoint California has a reputation for being "pro-consumer," said Paul Vaaler, a professor at the University of Minnesota Law School and Carlson School of Management.
Lakeville-based Post Consumer Brands agreed to a $15 million settlement in 2021 after a California class-action about the advertising of its sugary cereals as healthy. General Mills prevailed in 2019 in a California lawsuit about the sugar levels in its cereals. The judge who granted General Mills' motion to dismiss the case held that the company had not misled consumers.
