Food & Beverage

  • October 4, 2017

    Junior Mints Packages Have Too Much Air, Consumer Claims

    Tootsie Roll Industries’ Junior Mints candies are packaged with too much empty space — almost twice as much as Hershey’s comparably sized Milk Duds — a proposed class of consumers told a New York federal court on Tuesday, claiming they paid for more candy than they actually received.

  • October 4, 2017

    Pa. Appeals Court To Rehear $38M Workplace Shooting Suit

    The Pennsylvania Superior Court has agreed to rethink a three-judge panel’s decision axing $38 million worth of punitive damages awarded to the families of two workers gunned down by a disgruntled colleague at a Kraft Foods Inc. plant in Philadelphia.

  • October 4, 2017

    Starbucks Wants Suit Over Underfilled Lattes Iced

    Starbucks Corp. asked a California federal judge Tuesday for a quick win in a proposed class action over allegedly underfilled lattes and mochas, contending that the allegations are based on blatant inaccuracies about the size of its cups and the beverage-making process.

  • October 4, 2017

    McDonald's Workers Urge 9th Circ. To Revive Pay Suit

    A group of McDonald's employees has urged the Ninth Circuit to revive its proposed class action accusing eight franchise restaurants in the San Francisco Bay Area of violating wage laws, arguing that the fast-food giant is a joint employer with the franchisee and can be held liable for the wage violations.

  • October 4, 2017

    Real Estate Rumors: Knotel, Bank Of The Ozarks, TheSkimm

    Office space provider Knotel is reportedly leasing 23,000 square feet in New York; Bank of the Ozarks is said to have loaned $32.63 million for a Miami retail, restaurant and residential project; and media company TheSkimm has reportedly leased 22,000 square feet in Manhattan.

  • October 3, 2017

    Transmar Ordered To Hand Over Docs On $8.2M In Lost Cocoa

    A New York bankruptcy judge on Tuesday ordered bankrupt cocoa trader Transmar Commodity Group Ltd. to hand over documents and find an employee to be deposed regarding $8.2 million worth of cocoa butter and powder whose whereabouts is unknown after Transmar allegedly bought it.

  • October 3, 2017

    Coffee-Maker Importer To Pay $2M For Not Reporting Defect

    A Wisconsin federal judge on Tuesday entered a $1.9 million judgment against importer Spectrum Brands Inc. for taking years to report a defect in a Black & Decker-branded coffee maker that caused the handles of full carafes to suddenly break, leading to dozens of reported burns.

  • October 3, 2017

    Citing Bee Die-Offs, Enviros Sue To Revoke Pesticide OKs

    The federal government has wrongly approved the widespread use of a class of pesticides known as “neonics” that environmentalists say have contributed to the collapse of bee populations and are harmful to other protected species, a new lawsuit said Tuesday.

  • October 3, 2017

    FTC Accuses Health Product Cos. Of Ad And Billing Scams

    The Federal Trade Commission has settled its suit filed Tuesday in California federal court against a group of health product companies, accusing them of running a scheme that tricked consumers into enrolling in deceptively marketed weight-loss and other programs with poorly disclosed monthly charges.

  • October 3, 2017

    FDA Warning Wire: No Love For Playful Granola Labels

    A granola maker’s labeling improperly described “love” as an ingredient, a South Korean drugmaker didn’t test for the presence of lethal contaminants implicated in past tragedies, and several Indian drugmakers failed inspections, according to newly released U.S. Food and Drug Administration documents.

  • October 3, 2017

    Farmers Lose $30M Suit Against Gov't Over Water Rights, Fish

    A federal judge on Friday tossed a lawsuit filed by a group of southern Oregon and Northern California farmers who sought $30 million from the U.S. government for withholding water from their operations and sending it to rivers that provide the habitat for several endangered fish species.

  • October 3, 2017

    Fruit Co. Seeks Sanctions In Contaminated Cane Juice Suit

    Agrana Fruit US Inc. on Monday asked an Ohio federal court to issue sanctions against AmCane Sugar LLC for evidence spoliation in its lawsuit accusing AmCane of selling it evaporated cane juice littered with stones, arguing that the company intentionally destroyed evidence, including screens used in the production process and 200 to 300 testing stones.

  • October 3, 2017

    Deals Rumor Mill: Warburg Pincus, Amazon, Guala Closures

    Warburg Pincus is selling off a chunk of its Asian investments, Amazon is looking at distribution and acquisition opportunities in France, and Italy's Guala Closures is drawing interest from a sixth group of suitors.

  • October 3, 2017

    Attys Float $2.7M Fee Request For Caribou TCPA Suit

    Attorneys for a consumer who accused Caribou Coffee Co. Inc. of violating the Telephone Consumer Protection Act by sending unsolicited text messages have asked a Wisconsin federal court for roughly $2.7 million in fees and costs, saying an $8.5 million settlement wouldn’t have happened without their hard work.

  • October 3, 2017

    EU, Canada Settle Decadeslong Beef Spat, Citing Trade Deal

    The European Union and Canada have put an end to a 21-year World Trade Organization battle over Brussels’ restrictions on hormone-treated beef, according to a WTO document circulated on Tuesday that cited provisions of the two governments’ new bilateral trade deal.

  • October 3, 2017

    PAI Partners Makes Sweetened €1.6B Bid For Refresco

    France-based private equity firm PAI Partners SAS lobbed a sweetened takeover bid at Refresco Group NV, this time offering to pay €1.6 billion for the Dutch soft drink bottler and the beverage company it recently agreed to pick up, according to a Tuesday statement.

  • October 2, 2017

    Separate Restructuring Plans Emerge In China Fishery Ch. 11

    Two distinct plans to reorganize were filed Friday in China Fishery Group Ltd.’s Chapter 11 case, where its indebted groups contemplate separate tracks to emerge from bankruptcy by shedding hundreds of millions of dollars in debt and selling valuable assets or offering equity to creditors.

  • October 2, 2017

    Food Co. Hit With Class Action Over Employee Fingerprinting

    A group of employees at an Illinois-based packaged food product manufacturer are suing their employer in state court, claiming the company's collection of worker fingerprints for time-tracking purposes violates the state's biometric information privacy law.

  • October 2, 2017

    Justices Won’t Review Calif. Co.'s Taxable Connection Case

    The Supreme Court on Monday declined to hear a California-based nutrition supplement company’s argument that its mail-order business in Washington state did not create a taxable connection even where its wholesale channel did not establish or maintain a market for its retail side.

  • October 2, 2017

    DC Circ. Urged To Block $380 Million Payout From USDA Deal

    A member of a class of Native American farmers and ranchers urged the D.C. Circuit on Friday to put a hold on a decision that would allow $380 million left over from a landmark settlement of racial discrimination claims to be redistributed, saying the U.S. Supreme Court should be given time to rethink the ruling.

Expert Analysis

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • 9th Circ. Deems EPA Pesticide Action Sufficient, For Now

     Patrick Paul

    Pesticide Action Network North America and public interest groups like Earthjustice have expressed disappointment with the Ninth Circuit's recent decision in PANNA v. U.S. Environmental Protection Agency. Although it is conceivable the court might agree with the merits of PANNA’s claims, it nevertheless determined them to be premature, says Patrick Paul of Snell & Wilmer LLP.

  • Sorting Out Teamsters Acquittal In ‘Top Chef’ Case

    Michael Abcarian

    A federal jury recently acquitted four Teamsters on charges of criminally threatening the host of the popular cooking competition show “Top Chef." Michael Abcarian of Fisher Phillips examines how the dispute escalated into a criminal extortion prosecution and where the line is drawn between criminality and lawful conduct when union members threaten an employer who uses nonunion workers.

  • Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff

    Katie Gates Calderon

    Sales of nondairy milk alternatives are flourishing, but the dairy industry charges the U.S. Food and Drug Administration with failing to enforce its own labeling regulations regarding the definition of "milk." The longer terms like soy milk, almond milk and coconut milk remain in use, the stronger the argument for their continued use to describe these products, say attorneys with Shook Hardy & Bacon LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • When Employer Rules Against Recording May Violate NLRA

     Matthew LaGarde

    When considering the impact of the recent decisions of the National Labor Relations Board and the Second Circuit in Whole Foods v. NLRB, it is important to remember that the National Labor Relations Act’s protections are not limited to the unionized workforce, say Matthew LaGarde and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Rebuttal

    Assessing 'The Value Of Class Actions'

    Andrew Pincus

    In a recent Law360 opinion piece, Gary Mason claimed that class actions provide “significant benefits” to class members. But the study he conducted to support this conclusion shows just the opposite, says Andrew Pincus of Mayer Brown LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.