Consumer’s ‘Raw’ Honey Suit Was Properly Tossed, 7th Cir. Says

A consumer who alleged Walmart Inc. tricked consumers into buying honey that wasn’t “raw” as advertised “doomed” his case by contradicting his own argument, a federal appeal court said Tuesday.

The consumer used a test that measures the level of a chemical called 5-hydroxymethylfurfural. He said the test could show whether the honey had been heated and was no longer raw honey.

But his own complaint said that “HMF is a proxy not merely for heating, but also for myriad other factors, most notably, length and conditions of storage,” Judge Ilana Diamond Rovner said on behalf of the US Court ...