Class Action Alleges Great Value Honey Products Falsely Advertised as Raw, Organic
Wertymer v. Walmart, Inc.
Filed: October 10, 2023 ◆§ 1:23-cv-14700
A class action alleges Great Value Raw Honey and Organic Raw Honey are misleadingly advertised in that the products are processed in such a way that they cannot be considered “raw” or “organic.”
Illinois
Walmart faces a proposed class action alleging its Great Value Raw Honey and Organic Raw Honey are misleadingly advertised in that the products are processed in such a way that they cannot be considered “raw” or “organic.”
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According to the 14-page case, scientific testing has shown that Walmart “excessively” overheats Great Value Raw Honey during processing to the point that the product is no longer “raw.” Testing has also revealed the presence of added foreign sugars in Great Value Organic Raw Honey, which means that the product is neither “raw” nor “organic,” the lawsuit claims.
Per the complaint, raw honey contains a variety of compounds—including sugars, minerals, proteins, enzymes, amino acids and organic acids—that provide consumers with valuable nutritional and medicinal benefits. However, when raw honey is heated to a temperature of more than 105 degrees, these enzymes begin to break down and are lost to the extent that the product is no longer raw, the suit contends.
The filing explains that scientific and industry authorities have designed a method to determine if honey has been overheated that requires a review of the substance’s 5-hydroxymethylfurfural (HMF) value. Although raw honey typically comes out of the beehive with an HMF value ranging from zero to nine milligrams per kilogram (mg/kg), a test of Great Value Raw Honey revealed an HMF value of 22 mg/kg—about 2.4 times higher than the highest HMF values typical of raw honey, the case claims.
“Upon information and belief, Walmart’s ‘Raw Honey’ is not raw because [the defendant] heats its ‘Raw Honey’ during processing above 105 degrees Fahrenheit which destroys the beneficial enzymes,” the lawsuit says.
The suit goes on to allege that Great Value Organic Raw Honey is neither raw nor organic because Walmart mixes it with additional sweeteners, which can be detected by reviewing the product’s mannose value. International reference standards state that mannose levels exceeding 0.02 grams per 100 grams of honey indicate that the product has been adulterated with foreign sugars, the case says. The complaint contends that Walmart’s Organic Raw Honey has a mannose concentration three times higher than this standard.
Because honey is a single-ingredient food, products that contain additional sweeteners are not organic or raw, the suit argues. In fact, the U.S. Food and Drug Administration prohibits manufacturers from labeling a mixture of honey and another sweetener as “honey” since the term “does not properly identify the basic nature of the food,” the filing states.
The suit contends that Walmart’s alleged misrepresentations have tricked consumers into paying a premium for products it knew were inferior and lacked the benefits of raw honey.
The lawsuit looks to represent anyone who purchased Great Value honey labeled “Organic Raw Honey” or “Raw Honey” during the applicable statute of limitations period.
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