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HTMLThe Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 16, 2014
A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?

 

HTMLBrand Standards Are for Everyone
Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
October 22, 2014, previously published on October 14, 2014
Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be.

 

Adobe PDFDram Shop/Liquor Liability in Pennsylvania
Carol Ann Murphy; Margolis Edelstein;
Legal Alert/Article
October 22, 2014, previously published on September 2014
The Pennsylvania Liquor Code, Section 4-493(1) provides the basis for imposing liability for negligent service of alcohol by liquor licensees.

 

HTML"Protectionist" French Excise Tax on Certain Types of Beer Complies with EU Law
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 13, 2014, it was reported by the trade press that the European Commission had found that the increase by 160 percent of French excise tax on certain types of high-alcohol-content and luxury beers that was introduced on January 1, 2013 did not fall afoul of the free-market principles of...

 

HTMLFDA Announces More Changes to FSMA Implementation Rules
Michelle Gillette, Dominique Windberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many reported incidents of food-borne illness during the 2000s.

 

HTMLFDA Issues Draft Guidance for Regulation of LDTs
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 30th, 2014 the U.S. Food and Drug Administration published the draft guidance entitled ”Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs)” (“Guidance”). The publication of the draft Guidance is the next step in FDA’s implementation of...

 

HTMLFDA Outbreak Response Is Not a Constitutional Taking
Joseph F. Bermudez, Robert F. Roarke; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such...

 

HTMLBeef Recalled For Possible E. Coli Contamination
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
October 1, 2014, previously published on September 26, 2014
Caviness Beef Packers has recalled approximately 23,100 pounds of beef trimmings for possible E. coli O157:H7 contamination, according to the U.S. Department of Agriculture's Food Safety and Inspection Service. The beef trimmings were produced by the Texas-based company on Aug. 14 and 20, and their...

 

HTMLFDA Battles against Foodborne Illnesses
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
October 1, 2014, previously published on September 26, 2014
The U.S. Food and Drug Administration on Sept. 19, announced its updated proposed rules for improving food safety and preventing foodborne illnesses after receiving public comments.

 

HTMLPeanut Allergy May Be Related to Cooking Method
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
Peanuts are one of the most common food allergies in the U.S. and physical responses to the food can range from mild to fatal. However, a new study by Oxford University researchers has found people with a peanut allergy may be more likely to have a negative reaction depending on how the legumes are...

 


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