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|Supreme Court of Canada Strikes Down Privacy Law|
K. Paige Backman, Meghan Cowan; Aird & Berlis LLP;
November 28, 2013, previously published on November 25, 2013On November 15, 2013, the Supreme Court of Canada (“SCC”) declared Alberta’s privacy law, the Personal Information Protection Act, S.A. 2003 c.P-6.5 (“Alberta’s Privacy Act”), to be invalid. The court found that Alberta’s Privacy Act unjustly restricted the...
|What's On Tap? A Look at Michigan's New Craft Beer Regulations|
Alexander M. Leonowicz; Howard & Howard Attorneys PLLC;
November 28, 2013, previously published on November 15, 2013While the Michigan craft beer industry continues to BOOM, state lawmakers are continuing to brew over several new regulations that would loosen the proverbial belt buckle and allow for future growth in the industry. Michigan ranked fifth in the nation in the number of breweries in 2012, and the...
|New York: Please Hand Over Your Corkage Tax—State Issues Tax Guidance on Remote Wine Sales|
McDonald Hopkins LLC;
November 21, 2013, previously published on November 14, 2013The New York Department of Taxation and Finance (the Department) recently issued Advisory Opinion TSB-A-13(35)S (the Opinion). In the Opinion, the Department was asked by a catalog and online seller of wine located in California (Petitioner) whether it must collect sales tax on its sales of bottled...
|FDA Proposes Trans Fat Ban|
McDonald Hopkins LLC;
November 21, 2013, previously published on November 15, 2013On Thursday, the Food and Drug Administration (FDA) proposed new rules that would essentially ban artificial trans fats from the food supply.
|Success for Dole Food Company in Securities Litigation|
Garland A. Kelley; Glaser Weil Fink Howard Avchen & Shapiro LLP;
November 20, 2013, previously published on November 13, 2013A lawsuit filed by a shareholder of Dole Food Company, Inc. over the sale of Dole stock by its Chairman and CEO, David H. Murdock, abruptly ended when plaintiff agreed to dismiss the lawsuit with prejudice. The end came as a result of Dole’s recent merger — in which Mr. Murdock acquired...
|Words of a Wingman: Dramshop Liability based on Bartender’s Actual Knowledge, Not a Beer Buddy’s|
Thomas S. Mazanec; Mazanec, Raskin & Ryder Co., L.P.A.;
November 14, 2013, previously published on November 11, 2013Dramshop laws in Ohio impose liability on a liquor establishment for injuries caused by a “noticeably intoxicated” patron it “knowingly” served. R.C. 4399.18. This begs the question: how can a plaintiff show a bar owner or one of his employees “knows” when a...
|FDA Tentatively Determines Trans Fats Not GRAS|
Melvin S. Drozen, Evangelia C. Pelonis; Keller and Heckman LLP;
November 11, 2013, previously published on November 8, 2013On November 7, FDA announced that it has tentatively determined that partially hydrogenated oils (PHOs) are not generally recognized as safe (GRAS) under any condition of use in food and therefore are food additives that, unlike GRAS substances, require pre-market approval by FDA before they can be...
|FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments|
Nathan A. Beaver, Michael D. Flanagan, Christopher J. Hanson, David L. Rosen; Foley & Lardner LLP;
November 11, 2013, previously published on November 7, 2013On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the primary dietary source of trans fat, and trans fat appears in some...
|FDA Proposes to Phase Out Use of Partially Hydrogenated Oils|
Etan J. Yeshua; Hyman, Phelps & McNamara, P.C.;
November 11, 2013, previously published on November 11, 2013The Food and Drug Administration last week initiated a process that could prohibit the sale of partially hydrogenated oils (PHOs), as well as food products containing industrially manufactured PHOs, such as certain baked goods, microwave popcorn, frozen pizzas, frostings, and stick margarine....
|Please Pass the Brownies - Uh - “Edible Retail Marijuana Products”|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
November 7, 2013, previously published on November 6, 2013Colorado’s Department of Revenue recently published retail marijuana rules to implement that state’s Retail Marijuana Code ("RMC"). C.R.S. 12-43.4-101 et seq. The rules took effect on October 15, and are the culmination of a change in Colorado law that began with an...