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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...


HTMLDon’t Pour Your Profits Down Your Competitor’s Drain
Nicole J. Harrell; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
August 5, 2014
If 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.


HTMLFDA issues final rule and guidance on records access as required by the Food Safety Modernization Act
T.H. Lyda; Burns White LLC;
Legal Alert/Article
July 29, 2014, previously published by Burns White website
Today 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...


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