Shook, Hardy & Bacon defended multiple consumer class actions in which plaintiffs claimed grocery retailers violated the Florida Deceptive and Unfair Trade Practices Act by failing to disclose whether any pollen was removed from honey products during ordinary processing.
At issue in these cases was whether the product complied with Florida’s honey standard and if the absence of a federal standard of identity for honey nevertheless preempted state standards under the Federal Food, Drug, and Cosmetic Act/Nutrition Labeling and Education Act. Shook served as national and local counsel.
The cases settled on favorable terms for our clients. Two were dismissed on joint stipulations with prejudice. In the third case involving only Barkman Honey (formerly Golden Heritage Foods), the parties entered into an injunctive-relief-only class settlement, and the court approved the settlement and dismissed the action with prejudice. Levy et al. v. Golden Heritage Foods, LLC, No. 1:12-cv-21607 (S.D. Fla. 2012); Perez v. Golden Heritage Foods, LLC, No. 2012-15324-CA-01 (Fla. 11th Jud. Cir.); Martinez v. Publix Super Markets, Inc., No. 2012-10151-CA-15 (Fla. 11th Jud. Cir.).