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A sample specimen of a dead Asian giant hornet, also known as a “murder hornet,” from July 2020 in Bellingham, Wash.
Karen Ducey/Getty Images
The first live Asian giant “murder hornet” of 2021 has been spotted in Washington state — and it was caught in the act of living up to its name, attacking a wasp nest.
Entomologists on Thursday confirmed the report of Vespa mandarinia — the world’s largest hornet and a worrisome invasive species that originates from East Asia and Japan — by a person in a rural area east of the town of Blaine, south of Vancouver, British Columbia, near the Canadian border.
“This hornet is exhibiting the same behavior we saw last year – attacking paper wasp nests,” state entomologist Sven Spichiger said in a news release from the Washington State Department of Agriculture.
The location of the sighting confirmed on Thursday is only about 2 miles from where the first Asian giant hornet nest was eradicated in October.
In June, a “slightly dried out, dead specimen” of the hornet was discovered on someone’s lawn in the town of Marysville, Wash., north of Seattle and about 60 miles south of Blaine.
While technically the first sighting of 2021, agriculture officials said at the time that because murder hornets don’t typically show up until July, the hornet in question was probably left over from the previous season.
While the paper wasps being attacked by the Asian giant hornet in the latest sighting might disagree, honeybees probably have more to worry about, the state agriculture department says.
“These hornets may attack honey bee hives in the late summer or early fall,” the department’s news release says. “A small group of Asian giant hornets can kill an entire honey bee hive in a matter of hours.”
Nobody knows quite how Vespa mandarinia came to America, but since 2019, there have been several sightings in Washington state.
The hornets’ toxic venom and large stingers are known for killing dozens of people each year in Japan and China, according to National Geographic. But so far there have been no reported deaths in the United States.
In any case, the department is interested in tracking the insects, and Spichiger advises: “If you have paper wasp nests on your property and live in the area, keep an eye on them and report any Asian giant hornets you see. Note the direction they fly off to as well.”
Article by Reuters: https://www.reuters.com/legal/litigation/trader-joes-100-manuka-honey-isnt-thats-ok-says-9th-circ-2021-07-15/
July 16 – A federal court on Thursday refused to revive a proposed class action against Trader Joe’s Co accusing the retailer of falsely marketing its “100% Manuka Honey,” which is not derived entirely from the manuka plant.
A unanimous 9th U.S. Circuit Court of Appeals panel ruled Thursday that reasonably minded consumers were unlikely to be deceived by the label because it is impossible to produce a honey made from only one flower source, and because the Food and Drug Administration allows honey to be labeled according to its primary flower source.
“We are pleased that the Ninth Circuit confirmed that Trader Joe’s Manuka Honey is exactly what the package promises,” Trader Joe’s, which is represented by Dawn Sestito of O’Melveny & Myers, said in a statement.
C.K. Lee of Lee Litigation Group, who represents the plaintiffs, did not immediately respond to a request for comment.
Manuka honey is made by bees that feed on the nectar of the manuka plant, which is native to Australia and New Zealand. It contains methylglyoxal, which has been found to have potential antibacterial properties and other health benefits when applied topically to wounds, burns and skin ulcers.
Because of its perceived benefits and limited simply and transportation costs, manuka honey is much more expensive than other honey, sometimes costing hundreds of dollars a bottle. It is sold under a grade system developed by manuka honey producers to indicate how much of the nectar that went into the honey derives from manuka.
According to the plaintiffs’ 2018 lawsuit, Trader Joe’s sold “100% New Zealand Manuka Honey” for $13.99 per bottle, though it was also labeled as a relatively low grade. They alleged that tests of its pollen content revealed that it was only 57.3% and 62.6% derived from manuka.
Trader Joe’s moved to dismiss, arguing that the case was preempted by the federal Food, Drug, and Cosmetic Act. It noted that the FDA allows honey to be sold under the name of its primary flower source, meaning that its honey was entirely manuka honey, albeit of a low grade.
The company also said that, because bees forage freely, it is impossible to ensure that they only go to a single kind of flower.
U.S. Magistrate Judge Kandis Westmore in Oakland, California, granted the motion, and the plaintiffs appealed.
Circuit Judge Kim Wardlaw, writing for the majority, agreed that the product conformed to FDA rules, since manuka was “the chief floral source for all of the product’s honey under the FDA’s definition, even if some of it is derived from nectar from other floral sources.”
She also said that a reasonable consumer was unlikely to be deceived.
“First and foremost, given the foraging nature of bees, a reasonable honey consumer would know that it is impossible to produce honey that is derived exclusively from a single floral source,” she wrote.
The judge also said that the product’s low cost relative to higher grade manuka honey products should have tipped off consumers.
Wardlaw was joined by Circuit Judge Daniel Collins and Judge Richard Eaton of the Court of International Trade, sitting by designation.
The case is Moore et al v. Trader Joe’s Co, 9th U.S. Circuit Court of Appeals, No. 19-16618.
For plaintiffs: C.K. Lee of Lee Litigation Group
For Trader Joe’s: Dawn Sestito of O’Melveny & Myers
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TBA is a member of the American Honey Producers Association and received a call for citrus blossom honey samples for research purposes – please read below if you’re interested in participating.
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