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|A New Recipe for Growth? Supporting O’Maine Media Kitchen’s Kick-Starter Campaign!|
James F. Keenan; Bernstein Shur;
November 5, 2014, previously published on October 24, 2014Maine’s food and beverage industry is on the rise with our world-renowned restaurants leading the charge. Still, local and regional food and beverage producers face a daunting challenge when trying to grow their brands to a national scale. Perhaps local, affordable access to fresh and...
|Battle of the Experts Still Brewin’ in Starbucks Trial|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 2, 2014, previously published on October 23, 2014In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California voters in 1986 as Proposition 65, by failing to warn consumers about...
|US Loses WTO Battle Over Country-of-Origin Labeling Requirements for Meat Products|
Duane W. Layton, Kelsey M. Rule, Paulette Vander Schueren; Mayer Brown LLP;
October 28, 2014, previously published on October 23, 2014A World Trade Organization (“WTO”) panel has ruled that the United States’ amended country-of-origin labeling (“COOL”) requirements for beef and pork products not only fell short of bringing it into compliance with prior rulings but, in fact, worsened the United...
|The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2014, previously published on October 16, 2014A 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?
|Brand Standards Are for Everyone|
Theodore P. Pearce; Nexsen Pruet, LLC;
October 22, 2014, previously published on October 14, 2014Now 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.
|Dram Shop/Liquor Liability in Pennsylvania|
Carol Ann Murphy; Margolis Edelstein;
October 22, 2014, previously published on September 2014The Pennsylvania Liquor Code, Section 4-493(1) provides the basis for imposing liability for negligent service of alcohol by liquor licensees.
|"Protectionist" French Excise Tax on Certain Types of Beer Complies with EU Law|
October 16, 2014, previously published on October 2014On 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...
|FDA Issues Draft Guidance for Regulation of LDTs|
Antoinette F. Konski; Foley & Lardner LLP;
October 10, 2014, previously published on October 6, 2014On 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...
|FDA Announces More Changes to FSMA Implementation Rules|
Michelle Gillette, Dominique L. Windberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 10, 2014, previously published on October 6, 2014On 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.
|FDA Outbreak Response Is Not a Constitutional Taking|
Joseph F. Bermudez, Robert F. Roarke; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 8, 2014, previously published on October 1, 2014Food 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...