News & Analysis as of

Fast-Food Industry

9th Circuit invokes “reasonable child” standard to ice Starbucks consumer fraud claim based on cold drinks

by Thompson Coburn LLP on

The Ninth Circuit Court of Appeals recently affirmed dismissal of a putative class action against Starbucks relating to the amount of liquid in its various-sized tea, coffee, and specialty drinks. In Forouzesh v. Starbucks...more

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

by Pepper Hamilton LLP on

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

An End to the McDonald’s Joint Employer NLRB Litigation

by Polsinelli on

The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Ninth Circuit Finds Grounds to Dismiss Iced Coffee False Advertising Suit

Recently, the Ninth Circuit affirmed a district court’s dismissal of a putative class action claiming that Starbucks deceived its customers by under-filling the liquids in its iced drinks and adding ice to make the cups...more

Food & Beverage Litigation Update | April 2018

In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use...more

McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status

by Franczek Radelet P.C. on

On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees. ...more

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

Prop. 65 Litigation Involving Acrylamide Heats Up on Eve of Ruling in Coffee Cases

by Bryan Cave on

California Proposition 65 litigation over acrylamide in food has been heating up lately, receiving national news coverage in anticipation of a ruling in a fiercely contested case involving exposure to acrylamide in...more

Food & Beverage Litigation Update | February 2018 #2

The U.S. Food and Drug Administration (FDA) is soliciting public comment on whether the agency should continue to collect information about foodborne illnesses in restaurants. The proposal would extend studies of risk...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Monthly Update—Australian Labour & Employment - December 2017/January 2018

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more

Kentucky Fried Justice: Court Dismisses KFC Bucket Dispute

by Reed Smith on

A New York District Court dismissed the complaint of Anna Wurtzburger against fast food staple KFC over the size of KFC’s $20 “fill up” bucket. Wurtzburger alleged she purchased KFC’s “fill up” bucket meal advertised as...more

How did U.S. retailers perform over the holiday season?

The retail and restaurant winners and losers from the holiday season in the United States have been revealed in analysis published by Thomson Reuters on Eikon and Lipper Alpha Insight....more

Food & Beverage Litigation Update | February 2018

Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more

Federal Court Reinforces That Franchisors Should Control Advertising to Ensure Uniformity

by Pepper Hamilton LLP on

An Illinois federal judge recently found that a franchisor has the absolute right to control its franchisees’ advertising of the products and services offered under a franchise. Lokhandwala v. KFC Corp., No. 17-cv-6394 (N.D....more

Rulings, Orders, Settlements – January 30, 2018

by Perkins Coie on

Parties Settle Kombucha False Advertising Action - Retta, et al. v. Millennium Products, Inc., No. 2:15-cv-01801 (C.D. Cal.): The Ninth Circuit entered an order granting Objector-Appellant’s motion for voluntary dismissal...more

New New York Laws

1. NY State Paid Family Leave Law Goes into Effect - In 2016, New York State adopted a 12-week paid family leave policy for New York employees (the “Paid Leave Law”). Once fully implemented, the Paid Leave Law will provide...more

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health...more

Key Portion Of NYC’s Fair Workweek Law Put On Pause

by Fisher Phillips on

One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more

NYC Fast Food Deductions Law Stayed Pending Resolution of Constitutional Challenge by Restaurant Groups

by Jackson Lewis P.C. on

Enforcement of the Fast Food Deductions provisions in New York City’s Fair Workweek Law has been stayed by a federal judge pending resolution of a constitutional challenge brought by two restaurant advocacy groups. The...more

Shifty Business V: New NYC Law Allows Employees To Request Temporary Schedule Changes; Comment Period For NYS Call-In Pay Rules...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A new NYC law entitles employees to two temporary schedule changes per year for certain personal events. Separately, the comment period for call-in pay rules proposed by the State DOL has been extended to...more

Indi’s Fast Food Restaurant to Pay $340,000 To Settle EEOC Sexual Harassment Lawsuit

Female Employees Subjected to Egregious Sexual Harassment, Federal Agency Charged - INDIANAPOLIS -- Louisville, Ky.-based restaurant chain Indi's Fast Food Restaurant, Inc. (Indi's) will pay $340,000 to 15 former female...more

Food & Beverage Litigation Update | December 2017#2

by Shook, Hardy & Bacon L.L.P. on

A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the...more

Regulations Adopted for Retail and Fast Food Establishments Under NYC “Fair Workweek” Law

by Davis Wright Tremaine LLP on

The NYC Department of Consumer Affairs has adopted regulations regarding the Fair Workweek Law (“FWL”), which place detailed requirements that severely limit the flexibility and operational discretion of covered employers...more

Shifty Business IV: NYC Fair Workweek Law And Final Rules Are Now Effective

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York City Department of Consumer Affairs has issued final rules to implement the Fair Workweek Law, which imposes significant constraints on shift scheduling in the retail and fast food industries...more

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