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HTMLLarge Number of Peanut and Almond Butter Products Recalled
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 9, 2014, previously published on August 26, 2014
Consumers may want to check their pantry because nSPIRED Natural Foods, Inc. is voluntarily recalling certain peanut butter, almond butter and certain nut products because of possible Salmonella contamination.

 

HTMLFDA, Industry Group Announce Initiatives to Revamp Safety Assessments of Food Ingredients and Other Products
Jonathan Berman, Matthew R. Bowles, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
September 8, 2014, previously published on September 2013
Last month, FDA and the Grocery Manufacturers Association ("GMA") separately announced new initiatives aimed at improving industry and governmental safety assessments of food and other regulated products—all at a time when the food additive market is experiencing significant growth.

 

HTMLSharpening the Blue Pencil: NC Court of Appeals Decision May Give Business Buyers More Power over Non-Competes
Miles S. Bruder; Williams Mullen;
Legal Alert/Article
September 5, 2014, previously published on August 27, 2014
With its split decision in Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC, et al. (No. COA14-185), the North Carolina Court of Appeals has created a new question about the universal application of the state’s “blue pencil doctrine.” The decision required...

 

HTMLFood - Subways and Snowballs
Graham Elliott; Withers Bergman LLP;
Legal Alert/Article
September 5, 2014, previously published on September 1, 2014
We have had quite a busy time with food recently. Two cases that have hit the headlines have been the SubOne (Subway) case, relating to toasted takeaway food products, and the Snowball case relating to a product of that name produced by Lees and by Tunnocks.

 

HTMLHawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Throughout 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...

 

HTMLThe Food Fight Continues: Vermont AG Seeks to Dismiss Lawsuit Against GMO Labeling Law
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
In 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...

 

HTMLCalifornia 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.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Patterson 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...

 

HTMLUSDA Enhances Traceback Procedures for Ground Beef
Jonathan Berman, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 27, 2014, previously published on August 2014
On 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...

 

HTMLUnderstanding FDA’s Post-FSMA Authority to Access Records
Carlota Hopinks-Baul; Husch Blackwell LLP;
Legal Alert/Article
August 18, 2014, previously published on August 6, 2014
As 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.

 

HTMLThe NLRB Authorizes Complaints against McDonald’s, USA, LLC, As Joint Employer with Its Franchisees
McMahon Berger A Professional Corporation;
Legal Alert/Article
August 15, 2014, previously published on August 7, 2014
The 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...

 


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