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Food & Beverage
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September 25, 2024
Wyden Pitches New Bill To Regulate Intoxicating Hemp
U.S. Senator Ron Wyden, D-Ore., introduced a new bill on Wednesday to more tightly regulate products with hemp-derived cannabinoids, with an emphasis on age gating, manufacturing standards and labeling requirements.
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September 25, 2024
Court Defers Ruling On Challenge To Arkansas Hemp Law
An Arkansas federal judge has deferred a final ruling on a challenge to a state law banning hemp-derived intoxicating products while a pending appeal plays out in the Eighth Circuit.
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September 25, 2024
Poppi's 'Gut Healthy' Sodas Are Harmful To The Gut, Suit Says
The maker of Poppi-brand sodas misleadingly advertises the products as "prebiotics for a healthy gut," despite the fact that it's full of sugar, which is harmful to overall health and heightens the risk of obesity, Type II diabetes and other issues, alleges a putative class action filed in California federal court.
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September 25, 2024
Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ
A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.
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September 25, 2024
Bar Works Crook Gets 7 Years For Role In $57M Global Fraud
A Manhattan federal judge hit an English real estate marketer with a seven-year prison sentence on Wednesday for joining what prosecutors call a global Ponzi scheme that tricked investors into pouring $57 million into the bogus workspace share venture Bar Works.
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September 24, 2024
Aristocrat Wins Injunction In Slot Machine Trade Secret Row
A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.
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September 24, 2024
Calif. Gov.'s Emergency Hemp Intoxicant Ban Wins Approval
California retailers are no longer allowed to sell hemp products containing tetrahydrocannabinol after the Golden State's Office of Administrative Law on Monday approved Gov. Gavin Newsom's emergency ban, a move a leading hemp trade group has vowed to challenge.
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September 24, 2024
10th Circ. Judge Wants More Info Before Arbitration Decision
A Tenth Circuit judge suggested Tuesday that the maker of Wonder bread wanted the court to set employment precedent without crucial information, saying the court lacked detail about a wholesaler's relationship with the food manufacturer.
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September 24, 2024
NLRB Office Signs Off On Near $450K Deal With Musk Brother
A Colorado nonprofit co-founded by Elon Musk's brother settled a union's unfair labor practice claims for close to $450,000, according to a National Labor Relations Board announcement Tuesday, with the organization agreeing to pay thousands to laid-off workers and make supervisors undergo federal labor law training.
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September 24, 2024
Darden Committed 'Wage Abuse' Against Workers, Suit Says
Darden Restaurants failed to pay workers for their overtime hours and did not provide them with full, uninterrupted meal and rest periods, a former employee said in a Private Attorneys General Act lawsuit filed in California state court.
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September 24, 2024
Dems Urge Full 9th Circ. To Rethink Worker's Trafficking Loss
Democratic lawmakers urged the en banc Ninth Circuit to rethink a split decision tossing Cambodian workers' human trafficking suit against a California importer, arguing Congress specifically amended the federal law following another erroneous Ninth Circuit ruling in the case, and the majority's refusal to apply those amendments retroactively undermines congressional authority.
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September 24, 2024
8th Circ. Mulls Arkansas' Authority To Regulate Hemp
An Eighth Circuit panel on Monday pushed attorneys for the state of Arkansas and a group of hemp companies to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.
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September 23, 2024
Albertsons Says Wash. AG 'Cherry-Picked' Merger Fears
Counsel for Albertsons accused Washington regulators Monday of cherry-picking comments from the grocer's CEO hyping Kroger as key competition to bolster the government's case for blocking the merger and overcame the state's objections to introduce emails where the CEO expressed fears about Costco, Walmart and Amazon's ever-expanding reach.
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September 23, 2024
Need To Bag Your Groceries? You Can Have Paper, Calif. Says
California grocery stores won't be allowed to offer plastic bags of any kind in their checkout lines under a new law signed by Gov. Gavin Newsom a day before the California Attorney General's Office on Monday accused Exxon Mobil Corp. of inundating the state with plastic waste.
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September 23, 2024
Tyson, Cargill Want Appeal Of Pollution Verdict Plan Certified
Tyson, Cargill and other poultry producers have urged an Oklahoma federal judge to certify their interlocutory appeal of a plan to hash out remedies concerning a river pollution trial that took place over a decade ago, arguing that the record is far too "stale" to support forward-looking relief now.
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September 23, 2024
Holland & Knight Lands McDermott FDA Regulatory Pro
Holland & Knight LLP has nabbed a partner from McDermott Will & Emery LLP with extensive experience representing clients in regulatory matters before the U.S. Food and Drug Administration, the firm announced Monday.
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September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
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September 23, 2024
Kroger Fights FTC's Bid To Move Constitutionality Case
Kroger is fighting to keep its challenge to the Federal Trade Commission's in-house courts in Ohio federal court, pushing back against the agency's effort to get it paused or moved to Oregon, where the FTC's case against the company's merger with Albertson's is already playing out.
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September 23, 2024
Class Gets Cert In Suit Over Dave's Killer Bread Protein Claims
A California federal judge on Friday granted class certification to a group of consumers alleging that Dave's Killer Bread and Flowers Foods violated U.S. Food and Drug Administration labeling regulations by leaving out required protein content information, finding that the consumers had standing.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
Chicago's DoorDash Fee Claims Get Two-Year Limit
An Illinois federal judge on Friday pared down a lawsuit brought by the city of Chicago accusing DoorDash of using various deceptive practices to fool customers into paying higher prices, holding that claims under the city's municipal code that accrued more than two years before the city filed suit are time-barred.
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September 23, 2024
Insurer Can't Escape Toddler Injury Suit Over Dollar Tree Mints
A Missouri federal judge tossed an insurer's bid to escape coverage of underlying litigation alleging a toddler suffered severe esophageal injuries after swallowing freshening drops sold by Dollar Tree, writing that the carrier's "broad interpretation" of its total pollution exclusion "yields an absurd result."
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September 23, 2024
Trade Commission Spares Chinese Wine Bottles From Duties
The U.S. International Trade Commission found that Chinese glass wine bottles that are subsidized by Beijing are not harming U.S. producers, sparing the imports from steep countervailing duties from the U.S. Department of Commerce.
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September 20, 2024
JBS Unit Owns Abandoned 'Pollo Picú' TM, 1st Circ. Says
JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.
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September 20, 2024
Wash. Strikes Deal With Wild Fish Groups To End ESA Row
Two conservation groups have struck an agreement with Washington state to drop a claim that some of its hatchery programs are unlawfully imperiling protected wild salmon on the Lower Columbia River, though the groups will continue to pursue similar claims against Oregon and the National Marine Fisheries Service.
Expert Analysis
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Biz Groups Disagree On Ending Chevron Deference
Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Opinion
Food Safety Bill Needed To Protect Kids From Heavy Metals
The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.