Food & Beverage

  • May 21, 2026

    Gatorade Buyers Say 'Better Than Water' Claim Is Misleading

    A proposed class of Gatorade buyers sued parent company PepsiCo Inc. on Thursday, claiming the sports drink's newest labels are misleading in the claims they "Hydrate better than water," and that the reduced sugar variants have no artificial flavors.

  • May 21, 2026

    Legislative Update: Cannabis And Psychedelics Bill Roundup

    Virginia's governor vetoed legislation to establish adult-use marijuana sales, keeping the state in cannabis legal limbo; Illinois lawmakers introduced legislation to rein in hemp products, aligning state policy with an upcoming shift in federal law; and Louisiana lawmakers sent a bill to the governor that would allow terminally ill patients to access medical marijuana in healthcare facilities. Here are the major moves in cannabis and psychedelics legislation from the past week.

  • May 21, 2026

    Instacart Can't Halt NYC Tip, Wage Laws On 2nd Circ. Appeal

    A Second Circuit panel refused to pause New York City laws setting minimum pay and other protections for grocery delivery workers while Instacart appeals a lower court order that allowed the rules to take effect.

  • May 21, 2026

    Another Agri Stats Deal Gets Initial OK In Turkey Antitrust Suit

    An Illinois federal judge on Thursday granted preliminary approval to another deal between Agri Stats Inc. and purchasers to resolve their claims that the company's benchmarking reports helped enable a price-fixing conspiracy among major turkey producers.

  • May 20, 2026

    Bayer Curbs Seed Loyalty Program Amid DOJ Antitrust Inquiry

    Bayer CropScience has agreed to back off, for the next seven years, from implementing requirements in its loyalty program where it was accused of tying discounts to sales targets that independent seed companies had to meet, according to the U.S. Department of Justice's announcement made Wednesday.

  • May 20, 2026

    Jack In The Box Can't Dodge Franchisees' Indemnity Claim

    A Washington state judge Tuesday denied Jack in the Box Inc.'s effort to sidestep liability for job postings that allegedly violated a Washington pay transparency statute, ruling that two franchisees suing the fast-food giant adequately stated an equitable indemnity claim under California law.

  • May 20, 2026

    Amazon Rebuffs Lost Doc Allegations In COVID Pricing Case

    Amazon called on a Washington federal judge Tuesday to deny two consumers' bid for sanctions against it in a proposed class action over alleged price-gouging on the e-commerce platform during the COVID-19 pandemic, saying the plaintiffs are trying to dodge major legal hurdles by leveling baseless claims of failure to preserve evidence.

  • May 20, 2026

    Ikea, Mondelez Customers Seek Tariff Refunds In Illinois Suits

    Furniture chain Ikea and snack giant Mondelez are the latest companies to get hit with Illinois lawsuits seeking refunds of tariffs customers say they ultimately paid through inflated product prices before the U.S. Supreme Court ultimately found the tariffs illegal.   

  • May 20, 2026

    Salad JV Partner Sued Over Cash Distribution Freeze

    Taylor Fresh Foods Inc. sued Fresh Express Vegetable LLC in Delaware Chancery Court Wednesday, accusing its joint venture partner of improperly withholding millions of dollars in required cash distributions while trying to force out the venture's longtime chief executive.

  • May 20, 2026

    Baby Food Brands Accused Of Toxic Levels Of Heavy Metals

    Walmart, Gerber Products Co. and several other companies were hit with a suit in federal court claiming that they knowingly manufacture and sell baby foods containing dangerous levels of toxic metals.

  • May 20, 2026

    AGs Seek Crackdown On Customized Food Pricing

    Online food delivery platforms are charging people differently based on the personal data they glean from their smartphones, and the Federal Trade Commission ought to force companies to be upfront about it, say 16 state attorneys general.

  • May 20, 2026

    9th Circ. Questions Jack Daniel's TM Win Over 'Bad Spaniels'

    A Ninth Circuit panel on Wednesday questioned whether Jack Daniel's proved that any mark beyond its name was famous enough to support a tarnishment ruling against VIP Products' poop-themed "Bad Spaniels" dog toy, while pressing both sides on whether courts should compare the parties' marks alone or also consider the toy's bottle-like design and crude humor.

  • May 20, 2026

    DC Judge Questions Red Snapper Season Expansion Plan

    A D.C. federal judge on Wednesday seemed wary of administration attorneys' claims that a new fishery permitting regime exempting four southeastern states from recreational red snapper catch limits this year would help data collection for future limits.

  • May 20, 2026

    Fla. Judge OKs Staff Bonuses In Popeyes Franchisee Ch. 11

    A Florida federal bankruptcy judge approved performance-based bonuses to a group of workers of a Popeyes Louisiana Kitchen franchise operator, saying the program is key to maximizing the value of the debtor ahead of a Chapter 11 sale.

  • May 20, 2026

    7th Circ. Weighs If Abbott Warning Would Change NEC Care

    A Seventh Circuit judge on Wednesday pushed counsel for a mother asking to revive her lawsuit claiming Abbott Laboratories' infant formula caused her premature daughter to develop a fatal gut disease to address whether the mother had a burden to identify a more adequate warning that would have prompted her baby's treating physicians to act differently.

  • May 20, 2026

    PTAB Panel Saves Some Herd Management Patent Claims

    A special panel of three Patent Trial and Appeal Board judges has found that a regular review tribunal of the board wrongly invalidated some claims of an animal management patent, reviving those claims.

  • May 20, 2026

    Target Says Tuna Label Suit Rests On Generalized Grievances

    Target urged a California federal judge to nix a proposed class action alleging its Good & Gather tuna products are deceptively labeled as "sustainably caught," arguing Tuesday the plaintiff takes issue with the global commercial tuna fishing industry, which "may reflect some bad actors, but none by Target's suppliers."

  • May 20, 2026

    Mass. Justices Say Tax Law Not Basis To Block Bog Sale

    A Massachusetts law that lowers property tax rates on agricultural land does not grant standing to abutters seeking to unwind the sale of a Cape Cod cranberry bog to a developer, the state's highest court said Wednesday.

  • May 19, 2026

    Shoppers Seek Fees At 9th Circ. For Kroger, Albertsons Fight

    Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.

  • May 19, 2026

    States Tell CIT To Reject Gov't's Request To Stay Tariff Ruling

    The federal government's arguments to stay a permanent injunction against the collection of President Donald Trump's temporary global duties for two small businesses and the state of Washington while it appeals the ruling are overblown, a coalition of states told the U.S. Court of International Trade on Tuesday.

  • May 19, 2026

    Momcozy Hit With Class Action Over Defective Bottle Sterilizer

    Two mothers have hit baby product company Root Technology Ltd. with a proposed class action in New York federal court alleging that the Momcozy brand countertop washer for bottles is defective since the necessary high sterilization temperatures cause plastic parts to break off, creating a choking hazard for infants.

  • May 19, 2026

    Revoking Workers' Comp A 'Slippery Slope,' Pa. Justice Says

    A Pennsylvania Supreme Court justice Tuesday warned that cutting off workers' compensation benefits for disregarding a doctor's general health advice, such as not smoking, could be a "slippery slope" that leads to the end of coverage for many across the state.

  • May 19, 2026

    PBGC Defends 2nd Denial Of Pension Bailout Bid

    The Pension Benefit Guaranty Corp. told a New York federal judge Tuesday that it stands by its denial of a union pension fund's second application for a bailout, a day after the U.S. Supreme Court declined to review a Second Circuit ruling ordering the agency to reassess the request.

  • May 19, 2026

    Food52 Confirms Ch. 11 Liquidation Plan

    A Delaware bankruptcy judge Tuesday agreed to confirm the Chapter 11 liquidation plan for e-commerce group Food52, trimming a few features of the plan including releases for the debtor and the creditors committee.

  • May 19, 2026

    Wis. Tribe Says State Misreads 1854 Treaty In Fishing Row

    The Lac du Flambeau Band of Lake Superior Chippewa Indians says Wisconsin is misinterpreting tribal regulatory authority in its bid to block the tribe from barring nonmember fishing in 19 lakes within its reservation, telling a federal district court that the state can't prove key elements of its claims.

Expert Analysis

  • Key Risks For Cos. As MAHA Influences Food Regulation

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    As the Make America Healthy Again movement alters state and federal legislative and regulatory priorities, measures targeting ultra-processed foods, front-of-package labeling requirements and restrictions on schools are creating new compliance and litigation risks for food and beverage manufacturers, pharmaceutical companies, retailers and digital advertisers, say attorneys at Kelley Drye.

  • What To Know As Rulings Limit NLRB's Expanded Remedies

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    Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

  • Opinion

    Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

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    Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

  • Key Strategies For Supplement Cos. Facing Lead Risks

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    In the wake of a recent Consumer Reports article detailing dangerously high levels of lead in many popular protein powders, supplement companies face increased litigation, rising enforcement risks and reputational harm — underscoring the need to monitor supply chains, test ingredients and understand labeling standards, say attorneys at Husch Blackwell.

  • How Store Brand Evolution May Influence IP Cases

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    A consumer shift toward private-label grocery products has spurred a recent crop of lawsuits, like Smuckers v. Trader Joe's, and parties must be prepared to carefully analyze consumer confusion in the grocery retailing context, as well as expectations and behavior, say Justin LaTorraca, Elizabeth Milsark and Laura O’Laughlin at Analysis Group.

  • How Cos. Should Prepare For Prop 65 Listing Of Bisphenols

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    California regulators are moving toward classifying all p,p'-bisphenol chemicals as causing reproductive toxicity under Proposition 65, which could require warning notices for a vast range of consumer and industrial products, and open the floodgates to private litigation — so companies should proactively review their suppy chains, says Gregory Berlin at Alston & Bird.

  • Rule Amendments Pave Path For A Privilege Claim 'Offensive'

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    Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • NLRB Memo Shifts Tone On Defenses Against Union 'Salting'

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    The current Starbucks strike demonstrates the potential effects of salting, in which applicants seek employment in order to organize a union, and recent guidance from the National Labor Relations Board suggests that previously rejected employer defenses may now gain traction, says Daniel Johns at Cozen O'Connor.

  • Litigation Funding Could Create Ethics Issues For Attorneys

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    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

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    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

  • Reel Justice: 'Roofman,' Modus Operandi Evidence And AI

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    The recent film “Roofman,” which dramatizes the real-life string of burglaries committed by Jeffrey Manchester, illuminates the legal standards required to support modus operandi evidence — which may soon become complicated by the use of artificial intelligence in crime series detection, says Veronica Finkelstein at Wilmington University School of Law.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

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