- COURT: S.D. Cal.
- TRACK DOCKET: No. 3:25-cv-01758 (Bloomberg Law subscription)
A nutritional bar company is being accused in a proposed class action of misbranding and falsely advertising its PB&J oat bars as healthy and conducive to physical well-being despite containing added sugars.
Simply Delicious Inc., which does business as Bobo’s, makes “PB&Js” oatmeal-based snack bars with the claim that the products contain “simple, whole ingredients,” according to the complaint filed Wednesday in the US District Court for the Southern District of California.
But the products have 15-16 grams of added sugar per 60-gram serving, approximately a quarter of the products’ total weight and roughly two-thirds of the recommended daily limit for children and teens, the lawsuit said. Despite this, the company uses the phrase “nutrient dense” on the bars’ packaging, it said.
Lead plaintiffs Christina Hankins and Dimari Benvidez, who seek to represent a class of all California consumers who purchased PB&Js within the previous four years, said they bought the oat bars because of the claims on the labeling and the company’s healthy marketing strategy.
This suit is the latest of several filed over sugar in so-called healthy products, including one filed against San Pellegrino in May.
The lawsuit against Bobo’s alleges the company’s deceptive practices violated the Consumer Legal Remedies Act, benefited from unjust enrichment, and breached implied warranties.
“Here, Defendant painstakingly and intentionally designed its Product’s labels to deceive consumers into believing that the Products are healthy or are conducive to good health and physical activity and well-being, especially by repeated emphasis on the ‘naturalness’ of the Products, which conveys to reasonable consumers that the Products are healthy,” the suit said.
The suit seeks damages, declaratory, and injunctive relief.
Bobo’s did not immediately respond to a request for comment.
The plaintiffs are represented by Charles C. Weller APC.
The case is Hankins v. Simply Delicious, Inc., S.D. Cal., No. 3:25-cv-01758, complaint filed 7/9/25.
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