A consumer has filed a putative class action arguing that Dutch Gold Honey Inc. sells honey that lacks the antioxidants for which consumers purchase buckwheat honey, allegedly amounting to fraudulent misrepresentation and fraudulent concealment. Wolfe v. Dutch Gold Honey Inc., No. 19-4562 (E.D. Penn., filed October 1, 2019). “Unknown to Plaintiff and the Class, the Buckwheat Honey sold by Dutch Gold does not contain the antioxidants that consumers prize in buckwheat honey,” the plaintiff asserts. “Moreover, because Dutch Gold buys honey that has been harvested prematurely, Dutch Gold (or the sources it purchases honey from) must dry the honey out, so it heats its Buckwheat Honey to high temperatures for a long enough time that the antioxidants normally found in buckwheat honey are destroyed.”

The plaintiff challenges in particular a statement from Dutch Gold’s website asserting that its buckwheat honey “has been demonstrated to have higher levels of antioxidants than other honeys and was featured as an effective cough soother in a research project completed by Penn State College of Medicine.” Further, “[b]ecause honey harvested prematurely is not ‘honey’ as that term is understood in the industry, Dutch Gold’s label describing its product as honey is also false and misleading.”

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