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|The Food Fight Continues: Vermont AG Seeks to Dismiss Lawsuit Against GMO Labeling Law|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 2, 2014, previously published on August 18, 2014In June, we reported on a suit brought by the Grocery Manufacturers Association (“GMA”) seeking to rescind Vermont’s new GMO-labeling statute, Act 120. As we explained in that post, the GMA argues that Act 120 is doubly unconstitutional: not only does the law violate the Commerce...
|Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 2, 2014, previously published on August 28, 2014Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out of Kauai, Hawaii shed light on the fate of these regulations at the county...
|California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
September 1, 2014, previously published on August 28, 2014Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not vicariously liable for the wrongful conduct that one...
|USDA Enhances Traceback Procedures for Ground Beef|
Jonathan Berman, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
August 27, 2014, previously published on August 2014On August 13, 2014, USDA's Food Safety and Inspection Service ("FSIS") announced new procedures to improve the process for tracing E. coli-contaminated ground beef back to its source, recalling contaminated product, and determining the root cause of the contamination. USDA expects that...
|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.