Food & Beverage

  • May 06, 2024

    Ex-Worker Sues Fla. Krispy Kreme Over Transgender Status

    A former employee at a corporate-owned Krispy Kreme restaurant in Miami has sued the company in Florida state court on allegations of sex and gender discrimination, saying that a manager fired her after learning about her transgender status.

  • May 06, 2024

    CBP Denies Delay To Ban Ivorian Cocoa, Says Probe Is Active

    U.S. Customs and Border Protection countered accusations that it is taking too long to ban cocoa imports allegedly harvested using child labor, telling the U.S. Court of International Trade it does not have a statutory deadline to complete its investigation.

  • May 06, 2024

    DOL Wants New Union Officer Vote For Midwestern Bakers

    An Illinois federal judge should compel a Midwestern bakery workers union to rerun a 2023 officer election because it didn't properly update its members' addresses before sending out ballots, the U.S. Department of Labor has claimed in a new lawsuit against the union.

  • May 06, 2024

    Nothing Super About GNC 'Super Magnesium' Pills, Suit Says

    GNC Holdings was hit with a putative class action filed Friday in Illinois federal court alleging it falsely markets its brand of "Super Magnesium" dietary supplements as containing 400 milligrams of magnesium per serving, despite independent testing that revealed the supplements contain far less than what is advertised.

  • May 06, 2024

    Cheese Supplier, Chubb Unit Settle Salad Recall Coverage Suit

    A New York federal court tossed a cheese supplier's suit seeking coverage from a Chubb unit for costs associated with the recall of tainted salad kits sold to Sam's Club, saying the parties have settled all claims.

  • May 03, 2024

    Outback Looks To Undo $2.5M Verdict In Slip-And-Fall Case

    Outback Steakhouse is seeking to ax a $2.5 million award to a woman who slipped and fell in one of its Garden State restaurants and urged a New Jersey federal judge to grant a new trial, arguing that the trial court erred in finding it committed spoilation of evidence.

  • May 03, 2024

    Sidley Liable For Ex-Partner's Tax Sheltering, Ga. Judge Told

    Counsel for a family of business magnates who say they were duped into an illegal tax shelter scheme over 25 years ago by Sidley Austin urged a Georgia federal judge Friday to let their suit against the firm continue, arguing its defense that the suit is time-barred should be done away with.

  • May 03, 2024

    Grubhub Urges Justices Not To Review Kroger TM Dispute

    Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.

  • May 03, 2024

    Crumbl Faces Privacy Suit For Not-So-Sweet Tracking Cookies

    A customer hit Crumbl LLC with a proposed class action in California federal court alleging the cookie company helps a third-party payment processing company install tracking cookies on web browsers to collect consumers' sensitive information and their online activity without consent.

  • May 03, 2024

    Arby's Franchise, Auto Dealer Hit With Ga. Data Breach Suits

    Workers at an Arby's franchise, a home nursing company and national car dealership have sued their employers in Georgia federal court, alleging the employers failed to safeguard sensitive personal information exposed in recent cyberattacks.

  • May 03, 2024

    Arbitration Exemption Doesn't Cover Cos., Conn. Judge Rules

    Two food distributors who created corporate entities while working for a food service business must arbitrate claims they were misclassified as independent contractors because a Federal Arbitration Act carveout doesn't apply to businesses, a Connecticut federal judge has ruled.

  • May 03, 2024

    Craft Brewer Says Tequila Co. Can't Void Its 'Dragon's Milk' TM

    A Michigan craft brewer filed a trademark action against a Mexican tequila company Thursday for trying to invalidate the brewer's "Dragon's Milk" name for being similar to the defendant's "Casa Dragones" mark, arguing the tequila maker's brand isn't a household name or famous, as defined by the federal Lanham Act.

  • May 03, 2024

    Publix Can't Send Questions To Ga. Justices In Opioid Suit

    A federal judge overseeing national opioid litigation has rejected Publix's bid to ask the Georgia Supreme Court "convoluted and confusing" questions about if the state's public nuisance law applied to allegations the supermarket chain overdistributed painkillers.

  • May 03, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.

  • May 02, 2024

    Chicken Buyers Request $37M More In Price-Fixing Deal Fees

    Direct broiler chicken purchasers who've inked more than $284 million in price-fixing settlements are asking an Illinois federal judge for more than $37 million in what would be a third distribution of fees and reimbursed costs to their co-lead counsel in the massive case.

  • May 02, 2024

    Chiquita Paid Militants To Save Lives, Ex-Ops Chief Testifies

    Chiquita's former head of Colombia operations testified in Florida federal court Thursday on payments he approved to militant groups in the country during a period of intense warfare in the 1990s, saying his company was left with little choice but to make the payments because workers' "lives were at stake."

  • May 02, 2024

    Sysco Unit To Provide Back Pay To End DOL Hiring Bias Probe

    A subsidiary of restaurant food distributor Sysco Corp. will pay over $133,000 in back pay to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill open warehouse positions in Palmetto, Florida, the agency said Thursday.

  • May 02, 2024

    Email Exchanges Doom Honeywell Bid To Nix $20M GSA Claim

    A contract appeals board wouldn't free Honeywell International Inc. from the General Services Administration's efforts to recoup an alleged $20 million overpayment on an energy deal, finding it unclear whether a 2021 agreement related to the contract barred the claim.

  • May 02, 2024

    Sugar Price-Fixing Suits Combined In NY

    A New York federal judge consolidated six proposed price-fixing class actions against domestic sugar producers, siding with plaintiffs who wanted to try the cases as part of a multidistrict litigation.

  • May 02, 2024

    Kind Keeps Win At 2nd Circ. In MDL Over 'All Natural' Labeling

    The Second Circuit on Thursday affirmed a summary judgment for Kind LLC against a group of buyers who said the company misled consumers by labeling products as "all natural," saying the plaintiffs failed to establish through evidence how a reasonable buyer would understand the term.

  • May 02, 2024

    ADM Investor Says Brass Misled About Growth, SEC Probe

    The current and former top brass of food processing company Archer-Daniels-Midland were hit with a derivative suit in Delaware federal court alleging they provided false information to investors about the company's growth and failed to disclose a U.S. Securities and Exchange Commission's investigation into its nutrition business.

  • May 02, 2024

    Biden Announces $3B To Fund Lead Pipe Replacement

    The Biden administration is distributing $3 billion to states so they can replace lead water pipes that pose a health risk to those who rely on them for drinking water, as part of the larger goal to remove all lead service lines nationwide.

  • May 02, 2024

    Poultry Cos. To Pay $5.1M Settling OT, Child Labor Violations

    A network of California poultry processors will pay over $5 million to settle a U.S. Department of Labor lawsuit in federal court after an agency investigation found the processors employed children to debone poultry and failed to pay over 475 workers overtime.

  • May 02, 2024

    Calif. Justices To Review Gilead's HIV Drug Negligence Fight

    The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.

  • May 02, 2024

    State Legislators Urge Feds To Change Cannabis' Status

    A coalition of state lawmakers on Thursday urged the heads of the U.S. Department of Justice and its drug enforcement agency to prioritize changing cannabis' status as a highly restricted drug.

Expert Analysis

  • A Rainbow Of Lessons From Fruity Pebbles' TTAB Loss

    Author Photo

    The Trademark Trial and Appeal Board’s January decision to deny Post Foods' bid to register a trademark on its Fruity Pebbles cereal brand underscores the importance of the interplay among mark description, mark drawing and goods identification when seeking protection for trade dress, say Troy Viger and Jenevieve Maerker at Finnegan.

  • Assessing FDA Pathways For Genome-Edited Plant Foods

    Author Photo

    The U.S. Food and Drug Administration's recent clarification of the regulatory pathways for foods produced from genome-edited plants seeks to strike a balance between public health and innovation, and may hold broader significance for developers of novel human foods subject to voluntary notification programs, say Emily Marden and Diane McEnroe at Sidley Austin.

  • TTAB Ruling May Broaden Alcohol Trademark Analysis

    Author Photo

    A February U.S. Trademark Trial and Appeal Board decision that wine is inherently related to bars and cocktail lounges for trademark protection purposes appears to broaden the scope of exclusivity, highlighting that the more similar the marks, the less related the products must be for the TTAB to refuse registration, says William Borchard at Cowan Liebowitz.

  • Opinion

    Judicial Independence Is Imperative This Election Year

    Author Photo

    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Document Retention Best Practices To Lower Litigation Risks

    Author Photo

    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

    Author Photo

    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • CSA Case Could Shift Intrastate Commercial Cannabis

    Author Photo

    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • What Recent Study Shows About AI's Promise For Legal Tasks

    Author Photo

    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Legal Considerations For Circular Economy Strategies

    Author Photo

    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • Preempting Bottled Water Microplastics Fraud Claims

    Author Photo

    Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.

  • Business Litigators Have A Source Of Untapped Fulfillment

    Author Photo

    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • The Challenges Of Measuring Harm In Slack-Fill Cases

    Author Photo

    A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.

  • Series

    Skiing Makes Me A Better Lawyer

    Author Photo

    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

    Author Photo

    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Food & Beverage archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!