Food & Beverage

  • March 27, 2024

    Cannabis Caucus Dems Urge Garland To Restore Pot Protections

    The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.

  • March 27, 2024

    DoorDash, Grubhub Want Docs From NY Restaurant Lobbyists

    DoorDash, Grubhub and Uber Eats have urged a Manhattan federal judge to let them subpoena the trade group executives who allegedly "worked closely" with officials on challenged New York City caps on fees that food delivery apps can charge restaurants.

  • March 27, 2024

    Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight

    A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.

  • March 27, 2024

    Farm Data Co. Wants To Bar Carlton Fields Atty From IP Suit

    Lawyers for an agricultural industry data software outfit want a Carlton Fields lawyer banned from participating in a patent dispute with a rival startup because of her in-house involvement at the rival and work on an older trade secrets suit involving the same technology.

  • March 27, 2024

    47 House Dems Urge Changing Trade Deal To Stem Migration

    A large bloc of U.S. lawmakers has called on the Biden administration to remove what the lawmakers say is a damaging investor-state dispute settlement mechanism from the Central America-Dominican Republic Free Trade Agreement, warning federal government officials that it's a primary reason why migrants are leaving the region.

  • March 27, 2024

    HR Services Co. May Be Liable In Harassment Suit, Court Says

    A Texas appellate court said Wednesday that more fact-finding is needed to determine whether a professional employer organization could be on the hook for a sexual harassment claim brought by a cafeteria worker, but found that the company is, legally, an employer.

  • March 27, 2024

    9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.

    The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."

  • March 27, 2024

    CBD Retailer Used Spyware, Recorded Online Chats, Suit Says

    Charlotte's Web Inc., a CBD retailer, is secretly recording conversations of those who visit its website in violation of a California privacy law that is simple to follow, according to a proposed class action removed to federal court on Monday.

  • March 27, 2024

    Vietnamese Producer Faces Brunt Of Shrimp Subsidy Probe

    A Vietnamese shrimp farm may face a nearly 200% countervailing duty rate based on preliminary findings in the U.S. Department of Commerce's probe into whether shrimp imports from four countries are hurting the U.S. market through unfair government subsidies.

  • March 27, 2024

    3 Firms Vie To Lead Instacart Pre-IPO Action

    Levi & Korsinsky LLP, Pomerantz LLP and The Rosen Law Firm PA have each asked a California federal judge to lead a securities lawsuit against grocery delivery company Instacart for allegedly misrepresenting its growth potential in the lead-up to its initial public offering.

  • March 27, 2024

    Smucker Needn't Pay Multiple Limits For Tainted Jif Row

    J.M. Smucker Co. does not have to satisfy the retained limit for 225 underlying claims seeking damages for salmonella-contaminated Jif peanut butter individually before being eligible for coverage, an Ohio federal judge ruled, holding that the underlying claims constituted a single occurrence.

  • March 26, 2024

    EPA Pressed On Cost, Strength Of Slaughterhouse Water Rule

    Meat and poultry industry groups and environmentalists are clashing over how strict the U.S. Environmental Protection Agency's water quality regulations for slaughtering, processing and rendering facilities should be, while local regulators urged a focus on feasibility.

  • March 26, 2024

    Distillers Group Wants Injunction To Make Liquor At Home

    The Hobby Distillers Association renewed its call Tuesday for a Texas federal judge to give early permission for its members to distill spirits at home, telling the court that it has authority to declare the federal laws banning home distilling unconstitutional.

  • March 26, 2024

    SPAC 'Frenzy' Led To $1.6B Deal For Dog Treat Co., Suit Says

    Shareholders of a special-purpose acquisition company that merged with dog-treat box company BarkBox in a $1.6 billion deal have sued the executives and directors of both entities, alleging they breached their fiduciary duties in connection with what the complaint calls "an extreme example of the 'churn-and-burn' SPAC frenzy."

  • March 26, 2024

    Web Designer To Get Atty Fees After High Court Win

    A federal judge on Tuesday said a Christian website designer and her company are entitled to attorney fees and costs after the U.S. Supreme Court ruled last year that Colorado can't force her to create wedding websites for same-sex couples.

  • March 26, 2024

    Conagra Can't Sink Sustainable Fishing False Ad Suit

    An Illinois federal judge trimmed but refused to toss a proposed class action claiming Conagra Brands Inc. deceptively labels its seafood products as sustainable when the fish is sourced with methods harmful to oceans, saying the customers have sufficiently alleged the phrase "Good for the Environment" is deceptive.

  • March 26, 2024

    DC Circ. Rebukes NLRB's 'Nonsense' In Driver Camera Case

    The D.C. Circuit on Tuesday vacated a National Labor Relations Board decision that found a produce company unlawfully disciplined a pro-union worker and gave another the impression he was being surveilled, calling the board's approach to the case "nonsense."

  • March 26, 2024

    Starbucks Settles Worker's Suit Alleging Manager Groped Her

    Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.

  • March 26, 2024

    NY Urges 2nd Circ. To Deny Tribe's Eel Fishing Challenge

    The New York State Department of Environmental Conservation called on the Second Circuit to uphold a lower court's rejection of the Unkechaug Indian Nation's challenge to the agency's regulations on eel harvests, saying contrary to the tribe's arguments, they're not preempted by any federal treaty or statute.

  • March 26, 2024

    Ill. Judge Needs More Info To OK $57M Chicken Antitrust Fee

    An Illinois federal judge overseeing a sprawling antitrust litigation against broiler chicken producers said he couldn't rule on class counsel's renewed bid for a $57 million attorney fee award thrown out by the Seventh Circuit last year without more information on one of the firm's graduated fee arrangements in a similar 2015 antitrust case, which wasn't disclosed in the first go-around.

  • March 26, 2024

    K&L Gates Consumer Products Chair Joins Venable In LA

    Venable LLP said Monday that the co-chair of K&L Gates LLP's commercial litigation practice and chair of its consumer products and beauty and wellness practice groups has joined the firm's Los Angeles office as a partner.

  • March 26, 2024

    Fishery Says Request For DOL Cooperators' Names Is Fair

    The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.

  • March 26, 2024

    2nd Circ. Revives Gender Bias Case Against Grocery Chain

    A district court applied too harsh a standard when it dismissed a fired manager's sex bias suit against a supermarket chain, the Second Circuit said Tuesday, in a ruling that sought to "demystify" the test for assessing whether some discrimination claims can move to trial.

  • March 25, 2024

    Merchants Hit AmEx With Antitrust Claims Over Its Fee Rules

    American Express faces a proposed merchant class action alleging it violated federal antitrust law by barring businesses from taking certain measures to keep their credit card swipe costs down.

  • March 25, 2024

    NOAA Allots $60M To Help Columbia River Salmon

    The National Oceanic and Atmospheric Administration said it plans to allocate $60 million of Inflation Reduction Act funding to pay for overdue maintenance and repairs at hatchery facilities in the Columbia River Basin, which will further tribal priorities and help address climate change impacts facing salmon and steelhead populations.

Expert Analysis

  • New Calif. Hemp, CBD Rules Affect Nationwide Compliance

    Author Photo

    Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

    Author Photo

    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • Assessing D&O Coverage Amid Challenges To DEI Policies

    Author Photo

    As the recent backlash against corporate diversity, equity and inclusion policies leads to shareholder litigation and other legal challenges, companies bolstering their DEI efforts should ensure that their directors and officers and employment practices' liability insurance policies provide sufficient coverage for potential claims, say Peter Gillon and Patrick Blood at Pillsbury.

  • How Law Firms Can Use Account-Based Marketing Strategies

    Author Photo

    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

    Author Photo

    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

    Author Photo

    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

    Author Photo

    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Cases Linking Baby Food, Autism Pose Causation Challenges

    Author Photo

    Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.

  • What Marijuana Status Change Would Mean For Industry

    Author Photo

    If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.

  • 6 Lessons From Direct Selling Industry's Win Over FTC

    Author Photo

    A Texas federal court’s recent decision in favor of a direct selling company in Federal Trade Commission v. Neora offers long-awaited clarity on what constitutes a pyramid scheme, and lessons for companies seeking to prove their sales are consistent with genuine demand, say Monica Zhong and Branko Jovanovic at Edgeworth.

  • Calif. Climate Disclosure Bills Promise Challenges For Cos.

    Author Photo

    Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.

  • Maximizing Law Firm Profitability In Uncertain Times

    Author Photo

    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Tips For Student Visa Applicants Mired In Processing Delays

    Author Photo

    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • Do Website Accessibility Suits Violate Hobbs Act, RICO?

    Author Photo

    As more website accessibility lawsuits are filed on behalf of people with visual impairments, attorneys' settlement demands may be extortionate under the Hobbs Act, and may also constitute an act of racketeering, giving rise to civil causes of action, say Nika Aldrich and Amanda Kohls at Schwabe Williamson.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

    Author Photo

    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Food & Beverage archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!