This dispute between Manuka
honey companies involves federal claims for false or misleading advertising on
Wedderspoon’s part. Honeymark alleges that Wedderspoon makes false and
misleading claims with respect to the potency levels and organic status of
their Manuka honey.
Consumers believe the higher
the potency level the greater the healing properties of the Manuka honey.
The level of activity is determined through specific specialized laboratory
testing. Honeymark came to suspect that Wedderspoon’s claims regarding
the activity levels of its Manuka honey were false. They came to this
conclusion by sending samples of Wedderspoon’s Manuka Honey to be tested by an
independent certified laboratory for its activity rating. The results of
those laboratory tests indicated that Wedderspoon’s Manuka honey was repeatedly
and substantially below the activity ratings it claimed on the product labels,
websites, advertisements and promotional materials.
Manuka honey is produced in New
Zealand from bees that gather pollen solely from the Manuka bush.
Although all honey appears to contain some level bioactivity, consumers
consider Manuka honey to be special due to its additional and measurable
non-peroxide activity. Research has confirmed that Manuka honey contains
a naturally present, stable and unique non-peroxide activity which has a
variety of benefits. As a result, consumers are willing to pay a
substantially higher price for Manuka honey. Although this non-peroxide
activity is unique to Manuka honey, not all Manuka honey contains sufficient
levels of activity for therapeutic use.
The amount of floral nectar
extracted from Manuka flowers used by the bees that produce this unique type of
honey affects the level of non-peroxide activity of each batch of Manuka honey.
The level of non-peroxide activity in Manuka honey is identified by a
rating system that measures its potency. For example, Manuka honey which,
as the result of lab testing, is found to have a rating of 16.3 using this
method is labeled as 16+. Only Manuka honey that has a potency rating of
10 or greater is considered active. This rating system was designed, in part, to
assist consumers in their purchasing decisions. Consumers rely on these
ratings to distinguish the quality of Manuka honey and place a higher value on
Manuka honey with higher potency levels. Consumers are willing to pay
significantly more money for active Manuka honey compared to inactive Manuka
honey.
When Honeymark had an
independent laboratory in New Zealand test the Wedderspoon Manuka honey, the
results revealed that Wedderspoon’s 12+ Manuka honey had a Non-Peroxide
Activity of less than 4.1, and the claimed 16+ Manuka honey had a Non-Peroxide
Activity of 4.6. Activity ratings of 4.1 and 4.6 are substantially below
the claimed activity ratings of 12+ and 16+, respectively, that appear on
Wedderspoon’s labels and advertising. They are also substantially below
the minimum activity rating of 10+ required for Manuka honey to be identified
as active.
Honeymark also feels that
Wedderspoon’s claim that their honey being organic is questionable, as it is
impossible to prevent bees from traveling to a neighboring areas to collect
pollen and nectar which may not be certified organic compliant.
Wedderspoon’s organic claim is not certified by the USDA.
Wedderspoon blatantly lying
about the potency level of their honey violates federal statutes which protect
consumers against false advertising. Wedderspoon’s statements regarding
the activity rating of its Manuka honey are literally false and misleading.
The false and misleading statements on Wedderspoon’s website and product
labeling have actually deceived consumers and the retail stores that sell their
products. Honeymark feels that this deception has minimized and
depreciated the value of their products which are accurately labeled as well as
the value of Manuka honey in general.
Honeymark’s attorneys are asking
the courts for preliminary and permanent
injunctive relief enjoining Wedderspoon from making the false, misleading and
deceptive statements on its website and products labels. They are
also requesting that Wedderspoon be require to
retract and recall all products whose labels contain false, misleading or
deceptive statements and award Honeymark compensatory damages and monetary
relief as a result of their labeling deception.
