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LA County’s New Reopening Rules for Businesses

On March 15, 2021, Los Angeles County officially entered into the state’s Red Tier, permitting indoor dining at 25% occupancy. The County’s Department of Public Health issued a revised Public Health Order (the “Order”) with...more

L.A. County Red Tier Reopening Imminent

On March 11, 2021, the Los Angeles County Department of Public Health (the “Department”) announced an anticipated reopening of certain activities between March 15 and March 17, as L.A. County moves to the lower risk Red Tier...more

American Rescue Plan with Restaurant Relief Poised for Passage

The American Rescue Plan Act (“the Act”) was passed by the Senate on March 6, 2021, and is now headed for ratification by the House of Representatives and signature by President Biden. The $1.9 trillion stimulus includes over...more

Appeals Court Upholds Expired Outdoor Dining Ban

On March 1, 2021, the Court of Appeal, Second Appellate District ruled in favor of the Los Angeles County Department of Public Health (the “Department”) officials who halted outdoor dining in November 2020 during a spike in...more

California Passes Pandemic Relief Measures Aimed at Supporting Business

On February 23, 2021, California Governor Gavin Newsom signed a legislative package of six bills providing relief to individuals and businesses experiencing hardship due to the COVID-19 pandemic. Some of these measures are...more

LA City Council Joins County, Passing “Hero Pay” for Grocery Workers

On February 24, 2021, the Los Angeles City Council voted 14-1 to pass an ordinance mandating that employers provide $5/hour in additional premium hazard pay for on-site grocery and drug retail workers. The ordinance is...more

LA County Mandates “Hero Pay” for Grocery Workers

On February 23, 2021, the Los Angeles County Board of Supervisors voted 4-1 to institute a $5 per hour “Hero Pay” increase for frontline grocery workers and drug retailers in unincorporated areas of Los Angeles County. The...more

FDA/USDA: No Transmission of COVID-19 Through Food/Food Packaging

On February 18, 2021, Acting FDA Commissioner Janet Woodcock and Acting USDA Secretary Kevin Shea issued a joint COVID-19 update statement that current epidemiologic and scientific information available to the FDA and USDA...more

Department of Labor Proposes Delay on Tip Regulations and Independent Contractor Rule

On February 5, 2021, the Department of Labor (DOL) published two notices of proposed ruling to delay the effective date of two rules finalized by the DOL under the Trump Administration regarding tips and independent...more

Ninth Circuit Revives P.F. Chang’s “Krab Mix” Lawsuit

On February 9, 2021, a divided Ninth Circuit Panel held that consumer claims against the P.F. Chang’s restaurant chain based on the term “Krab Mix” in certain menu items could proceed. The Court reversed a lower court...more

Restaurant Rescue Plan Approved by Senate

On February 4, 2021, the Senate voted 90-10 to approve a Restaurant Rescue Plan as an amendment to a larger budget resolution. Senate Amendment 261 was co-sponsored by Republican Senator Roger Wicker and Democratic Senator...more

Can Product Reviews Be Subject To Lanham Act Liability?

On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more

LA Announces New Outdoor Dining Rules

The Los Angeles County Public Health Department issued a new order outlining protocols for businesses to follow. These new rules are designed to decrease COVID transmission risk in restaurant settings....more

President Biden Issues Early Executive Order on COVID-19 Worker Safety

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety that calls for a government review of worker safety standards for COVID-19. The Executive Order directs the Secretary of...more

California Lifts Regional Stay at Home Order

On January 25, 2021, the California Department of Public Health announced that it was lifting the Regional Stay at Home Order for all regions statewide, including Southern California. Four-week ICU capacity projections for...more

FDA Clarifies Food Traceability Rule and Extends Comment Period

On January 12, 2021, the Food and Drug Administration (“FDA”) announced two updates to stakeholders regarding the agency’s Food Traceability Proposed Rule. The Proposed Rule was initially announced on September 12, 2020, and...more

FDA Announces 2024 Compliance Date for 2021-2022 Food Labeling Regulations

On January 4, 2021, the Food and Drug Administration announced that it would set January 1, 2024 as the uniform compliance date for final food labeling regulations that are issued in calendar years 2021 and 2022. In its...more

LA County Considers Mandated $5/Hour “Hero Pay” Increase For Grocery Workers

On January 5, 2021, the Los Angeles County Board of Supervisors considered an urgency ordinance requiring grocery stores to pay workers an additional $5/hour as “Hero Pay” due to the COVID-19 pandemic.  Supervisors Hilda...more

Los Angeles County Issues Mandatory Self-Quarantine for Non-EssentialTravel

Effective beginning December 31, 2020, the Los Angeles County Department of Public Health published a Mandatory Directive on Travel (Appendix W) and issued a Revised Temporary Order, both of which require a mandatory...more

New Dietary Guidelines "Make Every Bite Count"

On December 28, 2020, the U.S. Department of Agriculture and the U.S. Department of Health and Human Services released 2020-2025 Dietary Guidelines for Americans.  Dietary Guidelines have been published by the USDA and HHS...more

Southern California Regional Stay at Home Order Extended

On December 29, 2020, California Health and Human Services Secretary Dr. Mark Ghaly announced that the Southern California region would remain under a regional stay-at-home order indefinitely until ICU capacity goes above...more

Sources of Foodborne Illness Report Released

On December 18, 2020, the Interagency Food Safety Analytics Collaboration (IFSAC) issued its 2018 Annual Report on the Sources of Foodborne Illness.  The report collects and analyzes foodborne-illness outbreak data for...more

FDA, EPA and USDA Renew Inter-Agency Food Waste Reduction Initiative

On December 17, 2020, three U.S. agencies: The U.S. Environmental Protection Agency (“EPA”), U.S. Food and Drug Administration (“FDA”) and U.S. Department of Agriculture (“USDA”) announced the renewal of the Formal Agreement...more

DOL Announces Final Tip Pooling Rule

On December 22, 2020, the Department of Labor (“DOL”) announced a final rule revising its tipped employee regulations. The final rule is designed to address and incorporate amendments made to section 3(m) of the Fair Labor...more

What the $900 Billion Stimulus Bill Means for the Food, Beverage and Hospitality Industry

On December 21, 2020, Congress agreed to a $900 billion stimulus bill, passed as The Consolidated Appropriations Act, 2021 (“the Act”). The 5,593-page Act includes funds designated for direct relief, additional money for...more

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