Food & Beverage

  • February 10, 2017

    PTAB Zaps Patent Covering Hot Pockets Sleeves

    The Patent Trial and Appeal Board invalidated as obvious a food packager’s patent covering cardboard sleeves that encase Hot Pockets and Lean Pockets freezer items, according to a recently unsealed decision.

  • February 10, 2017

    Gourmet Food Co. Hit With Suit Over Underfilled Popcorn Tins

    Gourmet food gift maker Harry & David LLC was hit with a consumer protection lawsuit in New York federal court on Friday alleging that the company's popcorn tins were deceptively underfilled in violation of the Federal Food, Drug and Cosmetic Act.

  • February 10, 2017

    Flextronics Gets $280M Counterclaim Nixed Over Fake Email

    An Illinois federal judge cut an at-home beverage system maker’s $280 million counterclaim from Flextronics International USA Inc.’s contract suit over their manufacturing agreement, holding Thursday that the company’s CEO created a false email to bolster its position, an “extraordinarily serious” act of misconduct that warrants an equally serious sanction.

  • February 10, 2017

    Consent Questions Negate TCPA Class Action: Pizza Hut

    Pizza Hut franchises fought Thursday against a putative class suit alleging violations of the Telephone Consumer Protection Act, arguing that there are too many individualized issues of consent over the allegedly unsolicited text messages for the suit to continue as a class action.

  • February 10, 2017

    CKE Bias Trial On Hold Until After Puzder Confirmation Vote

    A California state court has postponed a trial accusing CKE Restaurant Holdings Inc., the fast food company run by labor secretary nominee Andrew Puzder, of illegally terminating a disabled worker after CKE argued it couldn’t receive a fair trial while Puzder’s contentious nomination is still pending.

  • February 10, 2017

    NY Appeals Court Upholds NYC Restaurant Salt Warning Rule

    A New York appeals court on Friday affirmed a trial court’s rejection of a challenge to a controversial rule requiring chain restaurants in New York City to alert customers to high-sodium food they serve.

  • February 10, 2017

    SuperAmerica Agrees To $3.5M Deal To End TCPA Suit

    A putative class of consumers suing SuperAmerica, a popular convenience store chain, asked a Minnesota federal judge on Thursday for preliminary approval for a $3.5 million deal to settle their Telephone Consumer Protection Act claims.

  • February 10, 2017

    Del Monte Can't Get Rethink Of Refused $32M Confirmation

    A Florida federal judge cited an ongoing appeal Thursday when refusing to hold that Fresh Del Monte Produce Inc. is still clear to try and confirm a $32 million arbitration award won against one of its fruit suppliers, a Costa Rican pineapple plantation whose suit was dismissed in December.

  • February 10, 2017

    Reckitt Benckiser Inks $16.6B Mead Johnson Buy

    Reckitt Benckiser Group PLC will buy Mead Johnson Nutrition Co., which is behind brands such as infant formula Enfamil, for $16.6 billion, bolstering the British consumer products maker’s child and infant nutrition offerings and expanding its presence in China, according to a Friday announcement.

  • February 9, 2017

    Calif. Franchise Group Gets OK For $2.5M Wage Deal

    A California judge Thursday gave preliminary approval to a $2.5 million class action deal resolving the wage and working condition claims of 8,500 employees at franchises including Jack in the Box, Taco Bell, Sizzler's and Sears Home Appliance held by a Golden State investment group.

  • February 9, 2017

    5-Hour Energy Ordered To Pay $4.3M For Deceptive Ads

    The makers of 5-Hour Energy were ordered to fork over nearly $4.3 million in penalties and attorneys’ fees and costs for duping consumers with misleading claims regarding things like the effectiveness of the popular flavored energy shots, the Washington attorney general announced Wednesday.

  • February 9, 2017

    California Bill Would Tether Caps To Plastic Bottles

    A California lawmaker has introduced an environmental bill that would require all single-use plastic beverage containers by 2020 to have a cap that is tethered to the container, saying such caps dirty beaches and harm wildlife.

  • February 9, 2017

    Law Profs, Students Urge 'No' Vote On Puzder For Labor

    More than 1,400 law professors and students from schools across the country signed a letter sent to the Senate Committee on Health, Education, Labor and Pensions on Thursday urging members to vote no on Labor Secretary nominee Andy Puzder, calling the fast food CEO “unfit” to lead the Department of Labor.

  • February 9, 2017

    Koch Ranch Tells 5th Circ. Damages Award Should Be Tossed

    A Colorado ranch owned by billionaire Bill Koch on Wednesday urged the Fifth Circuit to toss an award against it in a long-running dispute with a Texas cattle breeder over who has the rights to sell the company's specialty “Akaushi” Japanese cattle, arguing a point of Texas law.

  • February 9, 2017

    Mead Johnson Hit With Whistleblower Suit Over Baby Formula

    A former executive in charge of compliance at Mead Johnson Nutrition Co. sued the company in Illinois federal court Wednesday, claiming company leadership fired her after she repeatedly raised concerns about contamination in its ready-to-use infant formula.

  • February 9, 2017

    Mexican Tequila Maker Jose Cuervo Raises $914M In IPO

    Mexican tequila maker Jose Cuervo raised 18.6 billion pesos ($913.6 million) in an initial public offering that priced atop its range on Thursday, a strong showing despite uncertainty that clouds the economic outlook in Mexico after the U.S. presidential election of Donald Trump.

  • February 9, 2017

    Nestle Sued Again Over Lean Cuisine 'No Preservatives' Label

    A California woman hit Nestle USA Inc. with a proposed class action on Wednesday claiming its Lean Cuisine frozen meals are falsely labeled as having no preservatives when in fact they do, the second time in three months the company has been accused of deceptive marketing.

  • February 8, 2017

    Policy Doesn't Cover Seafood Co.'s Fraud Loss, 9th Circ. Told

    Travelers on Wednesday urged the Ninth Circuit to uphold a Washington federal judge's ruling that a Seattle-based seafood company isn't entitled to coverage for losses it suffered when it was manipulated into wiring funds to a fraudster, saying computer fraud insurance only applies to hacking by third parties.

  • February 8, 2017

    Calif. Tribes Win Battle Over Water Project's Salmon Impact

    A California federal judge on Wednesday found that two federal agencies failed to adequately protect Coho salmon when the fish started dying from intestinal parasites in recent years, and ordered the government to take immediate measures to remedy the problem.

  • February 8, 2017

    Okla. Eatery Can't Dodge $2.1M FLSA Penalty: 10th Circ.

    The Tenth Circuit on Tuesday would not let Oklahoma-based El Tequila LLC off the hook from owing $2.1 million in back wages and damages to hundreds of workers, saying all evidence indicates the restaurant chain purposefully violated the Fair Labor Standards Act.

Expert Analysis

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Federal Whistleblower Protections May Face Greatest Test Yet

    Debra S. Katz

    In its first days, the Trump administration has ordered media and social media blackouts at several federal agencies. This moment provides an important opportunity for federal employees, along with members of the legal profession, media and general public, to become better acquainted with federal employee whistleblower protections, say Debra Katz and Aaron Blacksberg at Katz Marshall & Banks LLP.

  • What 2016 Taught Us About Marketing And Advertising Law

    Charulata B. Pagar

    2016 was a busy year for litigation and regulation in the areas of marketing and advertising, impacting a wide variety of industries. Charulata Pagar of VLP Law Group LLP reviews some of the important highlights from the past year and discusses what to expect in 2017.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Decoding New FDA Nutrition And Supplement Facts Guidance

    Carolina M. Wirth

    In issuing new draft guidance concerning its nutrition and supplement facts labeling regulations, the U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional compliance guidance. The new document addresses questions on compliance dates, added sugars, and vitamin and mineral declarations, says Carolina Wirth of Kilpatrick Townsend & Stockton LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.