Food & Beverage

  • February 05, 2024

    Kraft Velveeta Shells Falsely Hype 'Real Cheese,' Suit Says

    Kraft Heinz has been slapped with a proposed class action in New York federal court accusing it of misleadingly promising consumers its Velveeta brand macaroni is "Made With Real Cheese," despite the product's non-macaroni ingredients being primarily made with lesser quality alternatives such as whey and canola oil. 

  • February 05, 2024

    Lawmaker Seeks Rice Probe, Suspects Unfair Subsidies Afoot

    The chair of the House Ways and Means Committee pressed the U.S. International Trade Commission to investigate the global rice market, expressing suspicions on Monday that overseas government assistance may be harming the U.S. rice sector.

  • February 05, 2024

    Smithfield Foods Taps Ex-Michaels, Wrigley Compliance Head

    Smithfield Foods Inc. said Monday it has recruited an in-house lawyer who has worked at high-profile brands such as Michaels Stores, Chiquita and Wrigley to serve as chief ethics and compliance officer.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 02, 2024

    NYC Serves Up Final Rules For Permanent Outdoor Dining

    New York City on Friday released the final rules for its permanent outdoor dining program affecting restaurant owners in all five boroughs, as a group of 30 Manhattan residents in state court continue to oppose what they say is a "massive zoning change" that poses environmental risks.

  • February 02, 2024

    Monsanto Can't Wash Away Seattle's PCB Water Pollution Suit

    A Washington federal judge on Friday denied Monsanto's summary judgment bid in Seattle's complaint over polychlorinated biphenyl pollution in its waterways, ruling there are still significant factual disputes in play, including whether and to what extent PCBs traceable to Monsanto comprise the amount found in the city's water.

  • February 02, 2024

    Harvard Prof. Slams Study Showing IQ Gains From Fluoride

    A Harvard epidemiologist testifying Friday in a high-stakes bench trial over fluoridated water's risks criticized a study cited by the government that found fluoride exposure increases IQ by 24 points, saying the results "don't make sense," are "beyond the imagination" and must be based on erroneous data.

  • February 02, 2024

    McDonald's Eyes Exit In Byron Allen's $100M Black Media Suit

    Attorneys for Byron Allen's media companies on Friday urged a California judge to reconsider his tentative opinion to strike their lawsuit alleging McDonald's lied in pledges to spend more advertising money on Black-owned media, saying the court's stance that free speech laws may kill the suit needs "another look."

  • February 02, 2024

    'Slow Lawyering' Shouldn't Punish Clients, Mich. Judge Says

    A Michigan federal judge on Friday set aside default judgments against two farming companies named alongside other farms in a suit alleging they trafficked Mexican migrant farmworkers, saying he didn't want to punish clients for their lawyers' tardy response to the case.

  • February 02, 2024

    Biden Admin Hits Back At Objections To H-2A Wage Increases

    The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.

  • February 02, 2024

    Iowa Justices Put Cow Collision Suit Out To Pasture

    The Iowa Supreme Court on Friday tossed a truck driver's suit over a collision with a cow, saying the driver hasn't put up enough evidence to show the owner was negligent for letting it wander onto the highway.

  • February 02, 2024

    Cannabis Org Tells 4th Circ. Hemp Wares Unlawful And Unsafe

    A cannabis industry trade group on Friday filed a friend of the court brief in a Fourth Circuit battle over a Virginia law that restricts the production and sale of hemp-derived intoxicants, telling the appellate court that the products are unlawful and unsafe.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 01, 2024

    3 Firms Net $1.9M Fee In Celsius Investors' Stock Payout Suit

    A legal team comprising litigators from Grant & Eisenhofer PA, Klausner Kaufman Jensen & Levinson and The Reeves Law Firm will receive a fee of over $1.9 million for their work on an investor suit, alleging drink company Celsius improperly inflated its revenue.

  • February 01, 2024

    Nestle Wins Exit Bid In Lime-Flavored Perrier False Ad Suit

    A Florida federal judge on Thursday tossed with prejudice a proposed class action alleging the label on Nestle USA Inc.'s Perrier drinks misleads consumers on how much lime it puts in the carbonated water beverage, saying the label does not use language suggesting the drink is made with lime.

  • February 01, 2024

    Ill. Bar Freed From Suit Over Staffer's Alcohol-Fueled Fatal Fall

    A Chicago bar has escaped claims of civil liability over the death of one of its barbacks, who fell on his head while on the job after becoming intoxicated on drinks the bar provided him, after an Illinois state appeals court said that the only recourse was the Dram Shop Act, which the barback's brother did not seek damages under.

  • February 01, 2024

    Water Brand Had 'No One Qualified' To Make It, Jury Hears

    The Las Vegas jury weighing liver failure claims against "alkaline water" brand Real Water heard Thursday from a food safety expert about a 2018 health audit that she said found there was "no one qualified to make safe and clean water in this facility."

  • February 01, 2024

    Harvard Professor Testifies Fluoride Is 'Definitely' Neurotoxic

    A Harvard epidemiologist testified in a high-stakes bench trial over environmental groups' efforts to get the U.S. Environmental Protection Agency to ban fluoride in 200 million Americans' drinking water that there is "definitely a causal relationship" between fluoride exposure and neurotoxicity, even at low exposure levels.

  • February 01, 2024

    Conn. PFAS Water Pollution Suit Escapes Multidistrict Bid

    The federal multidistrict litigation panel has denied a Connecticut utility's attempt to funnel a lawsuit arising from PFAS "forever chemicals" into a broader nationwide case, concluding that the claims against Connecticut Water Co. are too different to be lumped into the MDL.

  • February 01, 2024

    DOL Says Late Argument Dooms H-2A Wage Rule Challenge

    The Biden administration urged the Fourth Circuit to reject an argument that the U.S. Department of Labor was required to consider the effects of a rule regulating H-2A wages on illegal immigration, saying the argument, attached to a challenge of the rule, came too late.

  • February 01, 2024

    Farm Equipment Cos. Settle Patent Dispute After $12M Verdict

    Sioux Steel Co. and Prairie Land Millwright Services have settled patent litigation in the wake of an Illinois federal jury's $12 million award for Sioux Steel, which had alleged the farm equipment company infringed its patents on a device used to sweep around grain.

  • February 01, 2024

    Albertsons, Kroger Slam Shoppers' Last Shot To Fight Merger

    Albertsons and Kroger urged a California judge Wednesday to toss for good a challenge to the grocers' proposed $24.6 billion merger, saying the customers' second amended complaint "parrots" arguments the court previously rejected for lack of standing.

  • February 01, 2024

    Mich. High Court To Consider Lilly Insulin Pricing Probe

    Michigan's attorney general will have a chance to argue before the state's highest court to defend her bid to appeal a lower appellate court's rejection of her investigation into drugmaker Eli Lilly's insulin pricing strategies and decision to keep precedent in place that exempts regulated industries from state consumer protection laws.

  • February 01, 2024

    Sanderson Says Chicken Buyers' Retrial Bid Ignores Evidence

    An Illinois federal judge should reject thousands of chicken buyers' bid for either judgment or a retrial after a jury rejected their price-fixing accusations because ample evidence supported the verdict "and it is not a close call," Sanderson Farms argued Thursday.

  • February 01, 2024

    Barnes & Thornburg Expands Atlanta Finance Practice

    A commercial finance team from an Atlanta-based AmLaw 200 law firm has joined Barnes & Thornburg corporate department, the firm announced on Wednesday.

Expert Analysis

  • NY Rulings Show Tough Odds For 'Made With' Class Actions

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    Two recent dismissals of proposed class actions — over alleged misrepresentations of food product ingredients — in New York federal courts suggest a growing skepticism of challenges to "made with"-type claims, but companies that decide to make such claims should still consider options to mitigate litigation risk, say Ashley Simonsen and Kaixin Fan at Covington.

  • Practice Tips To Help Keep Patent Reissuance Options Open

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    The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Series

    ESG Around The World: Japan

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    Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • New Calif. Hemp, CBD Rules Affect Nationwide Compliance

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    Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • Assessing D&O Coverage Amid Challenges To DEI Policies

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    As the recent backlash against corporate diversity, equity and inclusion policies leads to shareholder litigation and other legal challenges, companies bolstering their DEI efforts should ensure that their directors and officers and employment practices' liability insurance policies provide sufficient coverage for potential claims, say Peter Gillon and Patrick Blood at Pillsbury.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Cases Linking Baby Food, Autism Pose Causation Challenges

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    Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.

  • What Marijuana Status Change Would Mean For Industry

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    If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.

  • 6 Lessons From Direct Selling Industry's Win Over FTC

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    A Texas federal court’s recent decision in favor of a direct selling company in Federal Trade Commission v. Neora offers long-awaited clarity on what constitutes a pyramid scheme, and lessons for companies seeking to prove their sales are consistent with genuine demand, say Monica Zhong and Branko Jovanovic at Edgeworth.

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