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|Understanding FDA’s Post-FSMA Authority to Access Records|
Carlota Hopinks-Baul; Husch Blackwell LLP;
August 18, 2014, previously published on August 6, 2014As FDA exercises its inspection authority under section 201 of the Food Safety Modernization Act (“FSMA”), it’s important to understand what records inspectors can/can’t ask for and to respond to overreaching with tact.
|The NLRB Authorizes Complaints against McDonald’s, USA, LLC, As Joint Employer with Its Franchisees|
McMahon Berger A Professional Corporation;
August 15, 2014, previously published on August 7, 2014The NRLB’s General Counsel, Richard F. Griffin, Jr., authorized complaints against McDonald’s franchisees and McDonald’s, USA, LLC (McDonald’s) as joint employers. This decision marks a major departure from prior policy, and if upheld, could represent a real threat to the...
|Unpaid Overtime: Finding Overtime Violations|
Jeffrey H. Rasansky; Rasansky Law Firm;
August 14, 2014Employees are being forced to work longer hours without the benefit of additional compensation. Even though it is against labor law, many employers are managing to get by with it. They find ways to bypass the laws, so it’s essential for employees to know their rights and to keep track of the...
|GMO Labeling: Current Standards and Policies|
Gene Summerlin; Husch Blackwell LLP;
August 11, 2014, previously published on August 6, 2014Unless you have been living under a rock, you know that a battle is brewing over labeling foods which contain genetically modified ingredients. According to a recent New York Times poll, 93% of American consumers favor labeling of some type for foods that contain genetically modified organisms...
|All is Fair in Love and Food Mislabeling Claims|
Jasmine McCormick; Baker Sterchi Cowden & Rice, L.L.C.;
August 6, 2014, previously published on August 4, 2014In an 8-0 ruling, the United States Supreme Court held in POM Wonderful LLC v. Coca-Cola Co., 134 S. Ct. 2228 (2014) that competitors may bring Lanham Act claims challenging food and beverage labels, even though those labels are regulated by the Federal Food, Drug, and Cosmetic Act (FDCA). A...
|Don’t Pour Your Profits Down Your Competitor’s Drain|
Nicole J. Harrell; Kaufman & Canoles A Professional Corporation;
August 5, 2014If you owned a brewery you would never sell your beer without first tasting it, so why would you name your brewery or beer without checking to see if someone else is already using a similar name? The naming of breweries and beer is becoming big business - for trademark litigation lawyers.
|Proposed Amendments to Venture Issuer Disclosure Requirements|
Jacques Du Plessis, Jonathan O'Connor; Goodmans LLP - Vancouver;
July 29, 2014, previously published on July 9, 2014Earlier this year, the Canadian Securities Administrators (CSA) published for comment proposed amendments (the “Proposed Amendments”) to: (i) National Instrument 51-102 Continuous Disclosure Obligations (“NI 51-102”), (ii) National Instrument 41-101 General Prospectus...
|FDA issues final rule and guidance on records access as required by the Food Safety Modernization Act|
T.H. Lyda; Burns White LLC;
July 29, 2014, previously published by Burns White websiteToday the Food and Drug Administration (FDA) announced the adoption of the interim final rule “Establishment, Maintenance, and Availability of Records: Amendment to Record Availability Requirements,” affirming the change to FDA’s record access as required by the Food Safety...
|The Return of the Slime Monster|
Matthew S. Hendricks; Baker Sterchi Cowden & Rice, L.L.C.;
July 28, 2014, previously published on July 23, 2014The news is quietly starting to find its way back into internet chat rooms and food web blogs regarding mechanically separated meat products (MSM) - more often referred to by their detractors as “pink slime”. MSM is made by a process in which parts of animal carcasses left over after...
|Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 23, 2014, previously published on July 14, 2014Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products. In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a...