PHILADELPHIA – Pennsylvania-based Dutch Gold and a honey industry organization responsible for product certification are facing a class action lawsuit filed by a New Jersey woman who claims they are "mislabeling and misdescribing" Dutch's Buckwheat Honey product.
According to the Oct. 1 U.S. District Court for the Eastern District of Pennsylvania filing, plaintiff Dana Wolfe, on behalf of herself and others similarly situated, filed the class action against defendant Dutch Gold Honey Inc. and True Source Honey claiming violation of the New Jersey Consumer Fraud Act and fraudulent misrepresentation and concealment.
The suit states the Dutch Gold sells Dutch Gold Buckwheat Honey that is certified by True Source and that Dutch Gold advertises that the honey has "higher levels of antioxidants than other honeys."
"Dutch Gold fails to disclose to purchasers of its Buckwheat Honey that it has been prematurely harvested before it is really honey, had to be dried out as the water content of prematurely harvested honey is typically watery, and had its antioxidants destroyed by the heat used to dry the honey," the suit states.
"In furtherance of its false advertising, it represents that is honey has been certified by True Source and that it is therefore accurately described as Buckwheat Honey that has been adulterated."
The suit alleges that Dutch Gold and True Source knew the Buckwheat Honey product "lacked the properties" that Dutch claims on its label and that True Source claims through its certification of the honey all while charging a premium for the product.
The plaintiff seeks compensatory and punitive damages, equitable and/or declaratory relief as well as litigation costs.
The plaintiff is represented by Mark Cavanaugh of Dugan, Brinkmann, Maginnis and Pace in Philadelphia.