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|Large Number of Peanut and Almond Butter Products Recalled|
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
September 9, 2014, previously published on August 26, 2014Consumers 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.
|FDA, 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;
September 8, 2014, previously published on September 2013Last 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.
|Sharpening the Blue Pencil: NC Court of Appeals Decision May Give Business Buyers More Power over Non-Competes|
Miles S. Bruder; Williams Mullen;
September 5, 2014, previously published on August 27, 2014With 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...
|Food - Subways and Snowballs|
Graham Elliott; Withers Bergman LLP;
September 5, 2014, previously published on September 1, 2014We 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.
|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...
|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...
|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...