13) is GRANTED. Reduce liquid by 1/4 cup for every cup of honey used. Most times this honey was contaminated with cheap sugar syrup like high fructose corn syrup and residue from harmful antibiotics and pesticides. For those who desire more pollen and enzymes in the honey, our raw honey is the best option. Agave sweetener consists primarily of fructose and glucose. Reports from Minnesota are good, as well as Michigan. Weve even created the Extracting Facility Survey, a tool used to develop industry best practices and help honey producers grade their facilities, leading to improved overall quality. Our packing facilities receive the raw honey, which most times crystallizes during shipping, and samples from each lot are drawn by our Quality personnel. But Barkman's interpretation of the definition advanced by Plaintiff represents a narrow view of the allegations in the complaint. The news is not as bad in some other parts of the US as rain has come when most needed for a large crop to be produced in areas that normally do not fare as well. Id. Second, dismissal is likewise appropriate where the factual allegations fail to "state a claim to relief that is plausible on its face." In his complaint, Plaintiff alleges Barkman committed fraud by failing to disclose to consumers that the Honey is "defective"i.e., not actually raw. Shrader v. Biddinger, 633 F.3d 1235, 1239 (10th Cir. Visit our Nutrition page for more information. We lead the charge on traceability. 24) is GRANTED IN PART and DENIED IN PART. The allegations against True Source are grounded in Plaintiff's contention that True Source allowed Barkman to falsely represent that the Honey was "True Source Certified," even though the Honey did not meet the requirements for such certification. Though honey is just as sweet and delicious in its crystallized form, you can easily liquefy it to make it easier to pour. For you, its peace of mind. Doc. Plaintiff asserts seven causes of action against Barkman and True Source: (1) Count I for negligence (against Barkman); (2) Count II for negligence (against True Source); (3) Count III for violation of the Kansas Consumer Protection Act ("KCPA"), K.S.A. Best of the month wins $100.00. In its motion, Barkman argues that Plaintiff's allegations do not satisfy each element of his prima facie case. Doc. Id. Although our honey undergoes extensive safety and quality testing, it does not test for the spores that cause infant botulism. The honey is not released until testing is complete and deemed acceptable. We focus on authenticity, safety and quality. For the following reasons, the Court finds that Plaintiff has failed to meet his burden to show personal jurisdiction over True Source, warranting dismissal without prejudice of Plaintiff's claims against that entity. SQF Food Safety and Quality certification. 434 (D. Kan. 1980) and Barteldes v. Hyman Properties, Inc., 1998 WL 928395 (D. Kan. 1998)are factually inapposite, and, specifically, involve much more robust jurisdictional contacts than are present in this case.

Barkman Honeys facilities do not process or store anything containing gluten. By USDA definition, honey in this category is filtered to the extent that all or most fine particles, pollen grains, air bubbles or other matter normally found in raw honey have been removed. The hope is that we can make enough honey to satisfy the need, and that customers are not forced away from the US honey they usually buy. The majority of honey is composed of carbohydrates. This spring it rained in California again. Barkman's websiteas alleged in the complainttouts Barkman's "raw honey" as "warmed just enough to liquefy the honey crystals while retaining natural enzymes." .column-center{ display: inline-block; width: 15%; vertical-align: top; } 50-624(c), 50-626(a) (the KCPA prohibits "any deceptive act or practice in connection with a consumer transaction" and defining "consumer transaction," in pertinent part, as "a sale . In his opposition, Plaintiff argues that, even where there is no "special" relationship between a plaintiff and defendant, a duty to disclose still arises where the fraud involves a "half-truth," which Plaintiff claims is this case here. 16 at 5-11 (failing to address this argument). The factors weigh against transfer here. Some areas are even getting too much rain if that is possible. Organic honey production is regulated by the USDA under the National Organic Program (NOP),7 CFR Part 205. Each of our dedicated team members is trained in food safety and defense, and is vigilant about performing regular safety and quality audits. Doc. . The Court therefore denies Barkman's motion to dismiss as it pertains to Count IV for fraudulent misrepresentation. 2006). In sum, Connick, like here, involves a simple buyer-seller relationship, and the court held that such a relationship did not give rise to the sort of "special" relationship required to sustain a fraudulent concealment claim. Courts assume the allegations in the complaint to be true to the extent not contradicted by the defendant's affidavits, and all factual disputes are resolved in the plaintiff's favor. One might guess that would seem pretty sweet to Esra. It's warmed just enough to liquefy the honey crystals while retainingnatural enzymes, flavor and aroma. .g img { height:auto; } For all of these reasons, the Court dismisses Count V for fraudulent concealment against Barkman. A claim is facially plausible if its factual allegations allow a court to draw the reasonable inference that the opposing party is liable for the alleged misconduct. The raw honey we receive from our producers goes through comprehensive testing, including antibiotic and pesticide detection. All content is posted anonymously by employees working at Barkman Honey. .title-with-sep{background:url("https://www.beeculture.com/wp-content/themes/simplemag/images/section-header.png") repeat-x 0 50%;} To find out more where your Barkman Honey came from, visit our Traceability page. To learn more about different kinds of honey, visit our Honey Types page. The amount of pollen in honey is very minimal and not enough to impact the nutrient value of honey. This case indicates dismissal is proper. Strained honey is honey that has been strained to the extent that most of the larger particles, including comb, propolis and other debris normally found in honey, has been removed. There are some honey crops being made there that have been missing for a long time. I am going to try to address this and share with you why it is important to me as a packer to be a part. Id. Blue agave plants are native to the Jalisco region of Mexico where they grow for about 7 years before being harvested. Trujillo, 465 F.3d at 1222-23. PrivacyPolicy|TermsandConditions| CaliforniaTransparencyinSupplyChainsAct, CaliforniaTransparencyinSupplyChainsAct.

Finally, the Court turns to Plaintiff's claim for declaratory relief. Doc. Specifically, Plaintiff claims that Barkman heats the Honeyallegedly to make processing and bottling easierand, in doing so, the Honey's physical properties are altered, compromised, or destroyed, rendering the Honey not, in fact, "raw." Honey filtration delays crystallization, and creates a desirable easy-to-pour product. Nor does Plaintiff allege that the injuries giving rise to his claims in this action arose from any purposefully-directed activities by True Source in Kansas. Accordingly, the Court denies Barkman's motion as it pertains to Plaintiff's declaratory judgment claim. But, though making this general argument, the lion's share of Barkman's motion on this count is devoted to the first element. Nor do the parties dispute the applicability of Illinois law to Plaintiff's fraudulent misrepresentation (see infra Part II.B.2.c) and fraudulent concealment (see infra Part II.B.2.d) claims. Plaintiff seeks actual damagesincluding the "premium" price paid for the Honey and costs incurred in replacing the Honey with "truly 100% raw honey"as well as declaratory relief, costs and attorneys' fees, pre- and post-judgment interest, and punitive damages. There are two reasons for this: plastic will melt causing the honey to become inedible; and the possibility of a burn injury. Glassdoor gives you an inside look at what it's like to work at Barkman Honey, including salaries, reviews, office photos, and more. By continuing to use our site you are agreeing to our privacy policy. Not only is there a shortage of bee pasture as corn and beans take over the landscape that used to be covered with bee friendly plants, but those that are there are thirsting for water that will let them produce nectar for the bees. We use two different processes with our honey: our filtered honeyis packaged using the United States Department of Agricultures (USDA) approved filtration method, resulting in the removal of all or most of the fine particles, pollen grains, air bubbles and other materials. .widget-poll-question {padding-bottom:9px; } In an effort to thoughtfully assist current civilian Barkman Honey team members in adjusting to the evolving culture, the company will undergo procedural and acclimation training in addition to initially placing a full-time security guard on staff to supervise inmate workers. OMI Holdings, 149 F.3d at 1091 (citing World-Wide Volkswagen, 444 U.S. at 297). 25 at 17; see also 28 U.S.C. Children and adults with normal intestinal microflora are able to ingest C. botulinum spores without harm. After opening, it can be stored in your cabinet; no refrigeration necessary. It is naturally high in fructose or fruit sugar, which gives it a much lower glycemic index or glycemic load than table sugar (sucrose). Keep out of direct sunlight to prevent premature darkening. Visit our Honey Types page for more information on different kinds of honey.

#post-9282 .alignleft{ April 2017 display: inline-grid; The Kansas Department of Corrections inmate workforce program has a successful history spanning 40 years and currently employs over 900 inmates across the state. You can also accidentally burn yourself when handling hot plastic. Over time, all honey darkens, which doesnt mean there is something wrong with it. 259, 261-62 (D. Kan. 1994) (same). .g-16 { margin:0px 0px 0px 0px;width:100%; max-width:263px; height:100%; max-height:263px; } What, you may ask, is a packer doing on the PAm Board? .column-center2{ display: inline-block; width: 15%; vertical-align: top; } 14 at 9-11), the Court believes that an exercise of jurisdiction over True Source in this forum would be unreasonable. Partnership and Marketing Opportunities Book, Attraction Development Grant Reporting Forms. Copyright 20082022, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc. We are Barkman Honey. PrivacyPolicy|TermsandConditions| CaliforniaTransparencyinSupplyChainsAct, CaliforniaTransparencyinSupplyChainsAct, Produced without excluded methods, (e.g., genetic engineering, ionizing radiation, or sewage sludge), Produced using allowed substances (In general, synthetic substances are prohibited for crop and livestock production unless specifically allowed and non-synthetic substances are allowed for crop and livestock production unless specifically prohibited.). Send it in an email to Jerry@beeculture.com, with All Around in the subject line. Doc. Id. 14-1 2. .column-left{ float: left; width: 15%; vertical-align: top; } In determining whether transfer is "in the interest of justice" (see 28 U.S.C. 1 (seeking only damages related to the perceived inadequate value of the Honey and cost of replacement). True Source is a District of Columbia limited liability company that conducts its operations in Washington, D.C. and Winnipeg, Canada. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

It will do so more quickly if exposed to lower temperatures. } Docs. What are perks and other benefits like at Barkman Honey. 675 N.E.2d at 593. Currently, honey is measured in weight and not in fluid ounces due to the variable moisture content. height:263px !important; Plaintiff brings claims for negligence, fraudulent misrepresentation, fraudulent concealment, violation of the state consumer protection act, and declaratory judgment. There is a risk of infant botulism, a very serious disease affecting the nervous system, when honey is consumed before age 1. For more information, visit our Nutrition page. Barkman's argument for dismissal of this claim is entirely premised on its contention that, because each of Plaintiff's other claims fails, Plaintiff cannot show the requisite "case or controversy" to support his declaratory judgment claim. Project Apis m. is a 501 (c) (5) non-profit organization. 36 at 6-7. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Although not raised by either party, the Tenth Circuit has indicated thatin cases where jurisdiction is lacking28 U.S.C. 1 at 94-100. For them we offer our Busy Bee brand. It was a love of bees and a desire to learn more about them and their honey that sent Esra Barkman from Hillsboro to Oregon in the 1920s. 13-14. Were pleased to begin this progressive Project Re-entry program. Such a duty may arise where: (1) the plaintiff and the defendant are in "a fiduciary or confidential relationship"; or (2) where the plaintiff places "trust and confidence" in the defendant, placing the defendant in a position of influence and superiority over the plaintiff, which may arise by reason of friendship, agency, or experience. 2008) (holding that a declaratory judgment plaintiff must assert "a case of actual controversy" within the presiding court's jurisdiction). 1 4, 91. These approaches work together to secure what we do as packers, producers, pollinators and Keepers of the Bees. There are more than 300 varieties of flowers in the world that provide nectar for making honey. Id. Id. Id. Although courts must accept well-pleaded factual allegations as true, this obligation does not extend to legal conclusions or to "threadbare recitals of the elements of the cause of action." & Rehab. Courts will dismiss a cause of action under Rule 12(b)(6) in two circumstances. 2201(a) (providing that "[i]n a case of actual controversy" the court may "declare the rights and other legal relations of any interested party seeking such declaration"); Surefoot LC v. Sure Foot Corp., 531 F.3d 1236, 1240 (10th Cir. z-index:9999; Agave contains no additives or preservatives. HOLLY L. TEETER UNITED STATES DISTRICT JUDGE. Nowhere in the complaint does Plaintiff allege that he was in a confidential, fiduciary, or otherwise "special" relationship with Barkman or that Barkman was in a position of superiority over him. As I think about what to address in this article it occurs to me that procrastination is one of my best and worst qualities. We are honeybee | Facebook, Find a Great First Job to Jumpstart Your Career, Learn How to State Your Case and Earn Your Raise. . (against both); (4) Count IV for fraudulent misrepresentation (against both); (5) Count V for fraudulent concealment (against Barkman); (6) Count VI for fraudulent concealment (against True Source); and (7) Count VII for declaratory judgment pursuant to 28 U.S.C. at 11-12; Doc. After the sugarcane is cut and crushed, the juices are extracted and boiled. One serving is 60 calories. Plaintiff asserts claims against Barkman for negligence (Count I), violation of the KCPA (Count III), fraudulent misrepresentation (Count IV), fraudulent concealment (Count V), and declaratory judgment (Count VII). Barkman Honey, a leading provider of high quality, traceable honey since 1960 is headquartered in Hillsboro, Kansas and employs over 100 team members. 1631), courts should consider whether the new action would be time barred, whether the claims are likely to have merit, and whether the original action was filed in good faith. at 7, 33. And, within this inquiry, courts must determine whether the defendant purposefully directed its activities at residents of the forum state and whether the plaintiff's claim arises out of actions by the defendant itself that create a substantial connection with the forum. Raw honey generally can be defined as honey obtained by minimal processing. Plaintiff's claim is based on his allegations that the Honey is not actually "raw," that Barkman knows the Honey is not "raw," and that Barkman nonetheless markets the Honey as "100% Raw Honey" with the intent to defraud and deceive consumers. at 103-105. This allows us to liquefy the honey crystals, making it easy to pour while helping to protect its natural enzymes, flavor and aroma. All rights reserved. Id. to a consumer"); Montgomery v. Sprint Spectrum, L.P., 2007 WL 3274833, at *6 (D. Kan. 2007) (in dismissing KCPA claim brought by out-of-state resident, holding that the KCPA applies to consumer transactions occurring "within this state" and "[t]he KCPA is not intended to serve as a nationwide basis for liability against Kansas companies, based solely upon their presence in this state, when the actual consumer transaction does not occur here"). Sweet Select Light Blue Agave Sweetener comes from plants that are grown to USDA Organic Standards and are GMO free. Consuming local honey to reduce allergy symptoms has been classified as a folk remedy or urban myth and there is no scientific evidence to support it. The pias are taken to the processing plant where they are crushed to expose the inulin-rich fiber and juice. a=o.getElementsByTagName('head')[0]; To learn more about different kinds of honey, visit our Honey Types page. Plaintiff alleges that, when honey reaches a temperature greater than 105 degrees, those enzymes begin to break down. /* Custom CSS */ ');}else{jQuery(document).ready(function() { jQuery('#menu-item-20088 > a').attr('target','_blank'); });} Please note: Floral varieties are subject to change based on environmental factors. background-color:white; That is, Barkman argues that Plaintiff fails to adequately plead that Barkman's use of the term "raw" to describe its Honey is false. No one has a more focused commitment to product safety than Barkman Honey. 16 at 7. THE COURT FURTHER ORDERS that Defendant Barkman Honey, LLC's motion to dismiss (Doc. And the Court instead finds the Illinois Supreme Court decision Connick v. Suzuki Motor Co., cited in Barkman's briefing, to be instructive. Most consumers prefer their honey without pollen or other matter in it. Our trained Flavor Sensory Panel Technicians evaluate and score raw honey using a 40-point scale. } Under Plaintiff's definition, honey is "raw" if those properties remain intact; honey is not "raw" if those properties are altered, compromised, or destroyed. All honey packed by Barkman Honey is 100% honey, as made by honeybees from the flower nectar they gather. 16 at 7. The Court now turns to Barkman's motion to dismiss. 31 at 5. .issuem_archive { Barkman Honey is shipped to Hillsboro from beekeepers all over the world. Because the Court finds that dismissal under Rule 12(b)(2) is warranted, the Court does not reach True Source's Rule 12(b)(6) arguments. Due process allows a federal court sitting in diversity to exercise personal jurisdiction over a non-resident defendant only so long as there exist "minimum contacts" between the defendant and the forum state. 260, 266 (D. Kan. 1983); Stewart v. GNP Commodities, Inc., 1992 WL 121545, at *5 (N.D. Ill. 1992). Doc. Not only are we helping to provide a fresh start for hardworking, qualified inmates, well be addressing the workforce availability challenges we continue to realize in Marion county, says owner and CEO Brent Barkman. 2022 Barkman Honey, LLC. True Source is named as a defendant to five of Plaintiff's seven claims: Count II for negligence, Count III for violation of the KCPA, Count IV for fraudulent misrepresentation, Count VI for fraudulent concealment, and Count VII for declaratory judgment. Please dont heat your plastic honey bottles in the microwave. Measuring honey by weight is the best way to guarantee product consistency. In the complaint, Plaintiff alleges that "raw" honey is honey that is not heated to such an extent as to "alter, compromise, or destroy" its physical propertiesspecifically, the enzymes "prized by consumers" in raw honey. There is nothing wrong with the honey or the foam. When courts decide a Rule 12(b)(2) motion on the basis of affidavits and other written materials, the plaintiff need only make a prima facie showing of personal jurisdiction. We work with only trusted, carefully selected beekeepers. Our sugarcane molasses is comprised of naturally occurring elements, such as carbohydrates, water, protein, salts, and other essential vitamins and minerals. By gently warming the honey, were delaying the honey from crystallizing. } You can find a specific organic farm or business via theOrganic Integrity Databasemanaged by the USDA. .g-9 { margin:0px 10px 0px 10px; } Barkman argues the Court must dismiss this claim because Plaintiff failed to plead a "special" relationship between Plaintiff and Barkman. But the Court denies Barkman's bid for dismissal on Plaintiff's fraudulent misrepresentation and declaratory judgment claims. 13, 24. June 2017 A gentle warming process is applied to slowly liquefy the honey. We are honeybee people. 1. . Barkman maintains that Plaintiff defines "raw" honey to mean honey that was not heated above 105 degrees Fahrenheit. Our company is our hive. True Source's Motion to Dismiss (Doc. Plaintiff cites several cases to support this argument, but each is factually, legally, and procedurally inapposite to the circumstances presented here. Doc. Agave sweetener has a shelf life of about two years. Barkman likewise moves to dismiss pursuant to Rule 12(b)(6), arguing Plaintiff fails to state a claim for relief. According to WebMD expert Michael Palumbo, an allergist with Allergy and Clinical Immunology Associates, pollen blowing in the wind (released by non-flowering trees, weeds and grasses) is what generally triggers springtime allergies, not the pollen in flowers carried by bees. Bell Atl. } See Doc. If youre wondering how pollen ends up in honey, heres an explanation from the National Honey Board: pollen is an accidental guest in honey, brought back by the bee as a source of food for baby bees. Nor does Plaintiff contest the law underlying Barkman's argumenti.e., that the KCPA does not apply to out-of-state transactions. We have had to be educated with a Masters in Bee Husbandry to learn to take care of and be great caretakers of the bee. March 2017, Guide to Indoor Storage of Honey Bee Colonies in the USA, Best Management Practices For Beekeepers (Home), Honey Bee Equipment Management and Maintenance, Best Management Practices For Almond Growers. Filtered honey is clear, and most times, shiny honey that has been filtered to the extent that all or most of the fine particles, pollen grains, air bubbles and other matter normally found in raw honey, have been removed. 25 at 8-9. third party, standing alone, is an insufficient basis for jurisdiction."

All rights reserved. In this case, Plaintiff tacitly concedes True Source's argument that the Court cannot maintain general jurisdiction over True Source. Some of the things we do to assure they are healthy pollinator hives can damage their potential to be good honey producing bees. Doc. at 1, 2, 10; Doc. This warming process is not technically considered pasteurization since honey is naturally bacteria-resistant. But Plaintiff's fraudulent misrepresentation claim and request for declaratory judgment remain for disposition. Barkman's website likewise describes the Honey as "Raw and Unfiltered." Our honey is gently warmed to liquefy the crystals and to delay crystallization (solidifying). First, dismissal is warranted where an issue of law precludes recovery. .g-col, .g-dyn, .g-single { width:100%; margin-left:0; margin-right:0; } 2022 Barkman Honey, LLC. After returning to Kansas, Barkman began selling honey at the beginning of World War II, when sugar was being rationed. Were taking significant precautions to ensure successful adoption of this program both with our team members and in the Hillsboro community, states owner and CEO Brent Barkman. To state a claim for fraudulent concealment under Illinois law, "a plaintiff must allege that the defendant concealed a material fact when he was under a duty to disclose that fact to plaintiff." If you have a good idea youd like to share, give us a paragraph or two on what it is, and a drawing or photo of what it looks like if that is needed to better share the idea. Molasses is made from unsulphured juice of sugarcane. })(window,document,'https://static.hotjar.com/c/hotjar-','.js?sv='); Barkman Honey starts Project Re-Entry ; see also Lidecker v. Kendall Coll., 550 N.E.2d 1121, 1126 (Ill. 1990) ("In order to prove fraud by the intentional concealment of a material fact, it is necessary to show the existence of a special or fiduciary relationship, which would raise a duty to speak."). 5:19-cv-04074-HLT (D. Kan. Jan. 22, 2020). Doc. .column-left{width:30%} It's heated carefully to allow it to remain liquid longer while preserving natural flavor and aroma. Were the first U.S. honey packer to achieve the True Source Certified stamp of approval. We are doing things with our hives that make bees good pollinators for those that rely on them. As you read in my Bio, I am not just a packer but also a beekeeper. at 11-14. Second, not only does Plaintiff fail to make even a bald allegation regarding the basis for personal jurisdiction over True Source, he also fails to assert any facts establishing True Source possesses the minimum contacts constitutionally required to subject it to jurisdiction in this forum. Because the relationship between the plaintiffs and Suzuki involved nothing more than that the plaintiffs had purchased the vehicles from an authorized Suzuki dealer and that Suzuki had manufactured and distributed those vehicles, the court held that the plaintiffs had failed to "sufficiently allege that they were in a confidential or fiduciary relationship with Suzuki or that Suzuki was in a position of superiority over them." That is an untenable result. Put differently, Plaintiff cannot assert a claim on behalf of unidentified members of his proposed class, and, in the absence of any Kansas transaction of his own, his KCPA claim fails. at 678-79. The Court finds that Plaintiff has plausibly alleged that a reasonable consumer could share his definition and, thus, adequately pleads a false statement. Raw honey generally can be defined as honey as it exists in the beehive or as obtained by extraction, settling or straining. Our Sensory Experts then use advanced proprietary technology to blend together just the right combination of unadulterated honey. A honey extractor spins the frames at a high speed, forcing the honey out by using centrifugal force.