When "Honey" Isn’t Really Honey: A Sweet Win For Walgreens

In Terri Perea v. Walgreen Company, et al., case No. EDCV 13-00119 DOC (ANx), the District Court for the Central District of California dismissed plaintiff’s putative class action complaint on the grounds that plaintiff’s claims are preempted by federal law.

In Perea, plaintiff filed a putative class action on behalf of herself and all others similarly situated who purchased defendant Walgreens’ private-label brand of “Nice 100% Pure Honey” (“Nice Product”), under the belief that the honey had not been altered to remove all pollen. Plaintiff contended that Walgreens violated California law by selling the Nice Product as “honey,” even though the pollen had been removed. Specifically, plaintiff contended that the retailer violated California Food and Agriculture Code section 29413(e), prohibiting the removal of pollen from honey, except where such occurs unavoidably in the removal of contaminants; and violated section 29671, prohibiting the sale of any product labeled