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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...

 

HTMLUnpaid Overtime: Finding Overtime Violations
Jeffrey H. Rasansky; Rasansky Law Firm;
Legal Alert/Article
August 14, 2014
Employees 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...

 

HTMLGMO Labeling: Current Standards and Policies
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
Unless 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...

 

HTMLAll is Fair in Love and Food Mislabeling Claims
Jasmine McCormick; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
In 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...

 


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