On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”), which enforces antitrust law, proposed a rule that would prohibit employers from imposing non-compete clauses on workers. This proposed rule, which can be...more
1/9/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Regulatory Agenda ,
Restrictive Covenants ,
Section 5
Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to...more
2/7/2022
/ Construction Disputes ,
Construction Industry ,
Construction Project ,
Environmental Policies ,
Financing ,
Florida ,
Foreign Investment ,
Infrastructure ,
Investment Opportunities ,
Joint Venture ,
Miami ,
Project Finance ,
Public Private Partnerships (P3s) ,
Real Estate Development ,
Urban Planning & Development
As we anticipated back in May, there has been a significant increase in litigation relating to business interruption insurance coverage for losses attributable to COVID-19 restrictions. Restaurant policyholders, in...more
On June 8, 2020, Judge Katherine Polk Failla in the Southern District of New York dismissed a putative class action against TGI Friday’s (“Friday’s”) for alleged deceptive advertising....more
On May 20, 2020, the Eleventh Circuit affirmed the dismissal of a proposed class action against General Mills for its alleged failure to disclose the presence of a harmful chemical in its Cheerios cereal....more
5/28/2020
/ Article III ,
Breach of Warranty ,
Class Action ,
Corporate Counsel ,
Failure To Disclose ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
General Mills ,
Injury-in-Fact ,
Monsanto ,
Putative Class Actions ,
Standing ,
Toxic Exposure ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Last week U.S. District Judge Phyllis J. Hamilton granted Ghirardelli’s Motion to Dismiss a proposed class action involving the chocolatier’s packaging of its white baking chips....more
Pursuant to standard FDA regulations, retail restaurants with 20 or more locations doing business under the same name (and offering the substantially same menu) are required to provide nutritional information for standard...more
On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....more
When America’s war on heart disease was kicked into gear by President Eisenhower’s heart attack in 1955, dietary fat was deemed the culprit. In an effort to improve health, people sought low-fat alternatives to their favorite...more
3/31/2020
/ Beverage Manufacturers ,
Class Action ,
False Advertising ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Injury-in-Fact ,
Nutrition Facts Labels ,
Preemption ,
Retail Market ,
Standing
The rapid spread of COVID-19 (also commonly referred to as “novel coronavirus”) has caused nations and organizations across the world to take emergency action in the interest of public health. Most companies are issuing...more
3/11/2020
/ Best Practices ,
Brick-and-Mortar Stores ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Service Workers ,
Food Supply ,
Foreign Manufacturers ,
Infectious Diseases ,
On-Demand Services ,
Policies and Procedures ,
Public Health ,
Restaurant Industry ,
Risk Management ,
Sick Leave ,
Supply Chain ,
Workplace Safety
Eighty-six years after the repeal of Prohibition, Bacardi USA and Winn-Dixie are facing a putative class action predicated on Florida Statute Section 572.455, a 150 year-old remnant of the temperance movement. In Uri...more
The active ingredient in popular weed killers, glyphosate, has gotten bad press lately. Thousands of plaintiffs have alleged that exposure to it caused their cancers. Jurors have responded by invoking punitive damages and...more
8/16/2019
/ Article III ,
Cancer ,
Class Action ,
Corporate Counsel ,
Food Manufacturers ,
Injury-in-Fact ,
Public Health ,
Spokeo v Robins ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
Water: two parts hydrogen, one part oxygen. It seems simple enough, but for companies selling bottled water, liability lurks below the surface. According to a recent lawsuit, consumers care not only about what is in their...more
5/1/2019
/ Amended Complaints ,
Code of Federal Regulations (CFR) ,
Commercial Speech ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Labeling ,
Motion to Dismiss ,
Nestle ,
Preemption ,
Puffery ,
State Law Claims
Historically, all forms of cannabis—both hemp and marijuana—have been federally designated as illegal substances. That all changed this past December when the President signed the Agricultural Improvement Act (2018 Farm Bill)...more
4/29/2019
/ Cannabidiol (CBD) oil ,
Emerging Markets ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Hemp ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Public Hearing ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process
In the Wake of Monsanto, All Eyes are on the Cheerios Glyphosate Case -
Doss v. General Mills, No. 18-cv-61924 (S.D. Fla Aug.17, 2018) -
The Skinny: Last fall, a jury in California awarded $289 million to a plaintiff...more
4/26/2019
/ Beverage Manufacturers ,
Children's Products ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Marketing ,
General Mills ,
Monsanto ,
Pesticides ,
Product Labels ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
Malic Acid: Newest Culprit in “Natural” Marketing Case Trend -
Hilsley v. Ocean Spray Cranberries, Inc., No. 17-cv-2335, 2018 WL 6245894 (S.D. Cal. Nov. 29, 2018) -
The Skinny: Malic acid is a common food ingredient...more
Food and Beverage Deception Cases Still Must Pass the “Are you Serious?” Test -
Becerra v. The Coca-Cola Co., No. 17-cv-05916, 2018 WL 1070823 (N.D. Cal. Feb. 27, 2018) -
The Skinny: It is not Coca-Cola’s fault if you...more
In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle -
In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018)....more
MillerCoors is suing Bud Light for its unlike-them-we-don’t-use-corn-syrup campaign. Hitting back, MillerCoors filed a lawsuit against Anhauser-Busch last Thursday, asking a federal court to immediately end Bud Light’s...more
The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more
10/30/2018
/ Article III ,
Beverage Manufacturers ,
Class Action ,
Class Certification ,
Food Labeling ,
Food Marketing ,
FRCP 23(b)(2) ,
Injunctive Relief ,
Motion for Reconsideration ,
Mott's ,
Standing ,
Summary Judgment ,
Unfair or Deceptive Trade Practices
When people think about this year’s food industry trends, they may envision app-based grocery delivery services, the Keto diet, and restaurants that serve all locally-sourced ingredients....more
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more
10/19/2018
/ Advertising ,
Ascertainable Class ,
Beverage Manufacturers ,
CAFA ,
Class Action ,
Class Certification ,
Dismissals ,
False Advertising ,
Food Labeling ,
FRCP 23 ,
Retail Market ,
Subject Matter Jurisdiction ,
Unfair or Deceptive Trade Practices
At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote:...more
8/17/2018
/ False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
Misbranding ,
Misleading Impressions ,
Nutrition Facts Labels ,
Plant Based Products ,
Regulatory Oversight ,
Regulatory Standards
Podpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017) -
The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against...more
On April 18th and 19th, eMerge Americas will host its third annual technology conference. Last year, the conference welcomed more than 10,000 attendees and 500 companies from more than 50 countries....more