Food & Beverage

May 08, 2024
In Final Memo, Blumenauer Eyes Path Forward For Cannabis

Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who plans to retire this year, is calling marijuana reform a "winning issue" for policymakers and outlined numerous actions both legislators and federal agencies can take to move the issue forward.
May 08, 2024
Blue Bottle Coffee Loses Suit Over 'Blue Brew' TM

A California federal judge has handed a loss to Blue Bottle Coffee LLC in its trademark infringement case against a company selling coffee gear and accessories using the phrase "Blue Brew," saying there wasn't any evidence that customers would be confused.
May 08, 2024
CBD Retailer Wants To Avoid Privacy Suit

CBD retailer Charlotte's Web Inc. has urged a California federal judge to toss a woman's suit accusing it of secretly recording conversations of those who visit its website, saying the lead plaintiff didn't even use the allegedly wiretapped chat functions and therefore can't have been harmed.
May 08, 2024
Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.
May 08, 2024
Mass. Justices May Give Green Light To Tip Ballot Measure

Massachusetts' high court justices appeared skeptical Wednesday of arguments by a group of restaurant owners seeking to kill a ballot question that, if approved, would gradually raise the minimum wage for tipped workers to the state's $15-per-hour standard.
May 07, 2024
AIG Insurers Near Deal With Foam Co. Over MDL Coverage

Firefighting foam company Tyco Fire Products LP and a group of AIG insurers have reached a tentative settlement that would resolve a dispute over coverage of multidistrict litigation involving Tyco over so-called forever chemicals, according to a notice filed Tuesday in South Carolina federal court.
May 07, 2024
Target Sued Over Citric Acid In Good & Gather Pasta Sauce

Target has been hit with a putative class action in California federal court by a shopper who alleges the retail giant falsely touts that its line of Good & Gather pasta sauces contain no artificial colors, flavors or preservatives despite containing citric acid.
May 07, 2024
Canopy Growth Expands In US With Wana, Jetty Buys

Canadian cannabis company Canopy Growth announced Tuesday that its U.S. division has exercised options to acquire two American companies as part of its goal to establish a domestic "brand-focused powerhouse" — acquisitions for which Canopy spent nearly $370 million.
May 07, 2024
NY Officials Tout Crackdown On Illicit Cannabis Market

New York state cannabis regulators on Tuesday touted new legislative changes empowering them to more swiftly crack down on unregulated marijuana sales, the same day that New York City officials announced a program to step up enforcement against unlicensed retailers.
May 07, 2024
NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit

A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.
May 07, 2024
Starbucks Wants NLRB Injunction Bid To Wait On High Court

A Michigan federal judge should wait on deciding whether to issue an injunction against Starbucks in a wrongful firing case out of Ann Arbor, the company argued, saying the U.S. Supreme Court must first decide a case concerning how injunctions are dispensed to National Labor Relations Board prosecutors.
May 07, 2024
Colo. Judge Iffy On DOJ's Missive In Kroger Merger Challenge

A Colorado state judge said he was unsure Tuesday about how to handle the Department of Justice's recent filing defending the state's authority to challenge Kroger's $24 billion merger with Albertsons, as Kroger claimed federal regulators were flip-flopping their antitrust stance.
May 07, 2024
Ways And Means Chairs Decry China Tariff Review 'Inaction'

The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.
May 07, 2024
DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling

Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.
May 07, 2024
Starbucks Can't End Investor Suit Over Union-Busting Stance

A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.
May 07, 2024
Panera To Nix 'Charged' Drink At Center Of Death Suits

Panera Bread Co. will soon no longer serve its "Charged Lemonade," the caffeinated drink at the center of two lawsuits that claim the restaurant chain is liable for the wrongful death of two patrons.
May 06, 2024
Judge Weighs Discovery Need On McD's No-Poach Standard

No-poach antitrust litigation against McDonald's is getting back underway in Illinois federal court following the U.S. Supreme Court's refusal of the fast food giant's appeal, spurring the district court judge to consider whether more discovery might be needed to determine the appropriate standard that will govern the case.
May 06, 2024
US Thrashes Mexico's 'Inaccurate' Portrayal Of GMO Corn

The United States has responded to Mexico's ban on imports of genetically modified corn, calling its portrayal of the risks of such crops an unscientific and "inaccurate" description as well as a violation of the United States-Mexico-Canada Agreement.
May 06, 2024
Fed Law Doesn't Preempt Colo.'s Kroger Deal Challenge: DOJ

The U.S. Department of Justice weighed in on Kroger and Alberton's arguments that the Colorado attorney general should not be able to challenge their national merger, arguing instead that states have an important solo role and there is nothing stopping a state court judge from blocking a deal regionally.
May 06, 2024
Pet Food Co. Hill's Sues Exec In Del. To Block Freshpet Job

Hill's Pet Nutrition Inc. asked Delaware's Court of Chancery on Monday to bar its former U.S president from taking a position with smaller industry competitor Freshpet Inc., saying the hiring was imminent and urging fast-track proceedings to block the move.
May 06, 2024
Ex-Worker Sues Fla. Krispy Kreme Over Transgender Status

A former employee at a corporate-owned Krispy Kreme restaurant in Miami has sued the company in Florida state court on allegations of sex and gender discrimination, saying that a manager fired her after learning about her transgender status.
May 06, 2024
CBP Denies Delay To Ban Ivorian Cocoa, Says Probe Is Active

U.S. Customs and Border Protection countered accusations that it is taking too long to ban cocoa imports allegedly harvested using child labor, telling the U.S. Court of International Trade it does not have a statutory deadline to complete its investigation.
May 06, 2024
DOL Wants New Union Officer Vote For Midwestern Bakers

An Illinois federal judge should compel a Midwestern bakery workers union to rerun a 2023 officer election because it didn't properly update its members' addresses before sending out ballots, the U.S. Department of Labor has claimed in a new lawsuit against the union.
May 06, 2024
Nothing Super About GNC 'Super Magnesium' Pills, Suit Says

GNC Holdings was hit with a putative class action filed Friday in Illinois federal court alleging it falsely markets its brand of "Super Magnesium" dietary supplements as containing 400 milligrams of magnesium per serving, despite independent testing that revealed the supplements contain far less than what is advertised.
May 06, 2024
Cheese Supplier, Chubb Unit Settle Salad Recall Coverage Suit

A New York federal court tossed a cheese supplier's suit seeking coverage from a Chubb unit for costs associated with the recall of tainted salad kits sold to Sam's Club, saying the parties have settled all claims.

Expert Analysis

4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
Navigating Class Actions After Papa John's Settlement Denial

A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Food And Beverage Policy Trends Cos. Should Track In 2024

The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.
Compliance Refresher Amid DOL Child Labor Crackdown

In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.
5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Trends Shaping The 2024 Consumer Packaged Goods Industry

The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
9th Circ. Scienter Ruling May Strengthen FDA's Leverage

A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.