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Grocery Stores

Clark Hill PLC

The Learned Concierge - September 2024, Vol. 12

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Wilson Sonsini Goodrich & Rosati

Spoiled Goods: FTC Denied Adverse Inference Request for Missing Texts in Kroger-Albertsons Merger Trial

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally deleted text...more

CDF Labor Law LLP

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

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In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more

Troutman Pepper

State AGs Say Kroger-Albertsons Merger Will Increase Grocery Market Competition

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As litigation to block the proposed Kroger-Albertsons merger wages on at the state and federal level, four state attorneys general (AG) have jumped into the fray in support of the merger as the cases heat up on all fronts....more

Ankura

Unlocking Shopper Loyalty: Innovative Strategies for Supermarkets To Drive Repeat Business

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Supermarket loyalty programs have existed since the 1980s and have changed drastically. Given the available technology, the growth in customer options, and the shift in preferences, there has never been a more critical time...more

BakerHostetler

The First Public Meeting of the Strike Force on Unfair and Illegal Pricing: What Happened and What’s Next

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On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust...more

Fenwick & West LLP

California’s Hidden Fee Ban: FAQs and Guidance

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On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more

McAfee & Taft

Oklahoma exempts groceries from state sales tax

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Earlier this year, the Oklahoma Legislature enacted legislation to exempt the sale of groceries from the state sales tax. HB 1955 reduces the state sales tax rate for the sale of “food and food ingredients” from 4.5% to 0%,...more

Brownstein Hyatt Farber Schreck

Labor Markets and ‘No-Poach’ Agreements: FTC, Colorado AG Take Aim at Kroger-Albertsons Merger

The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two...more

Ervin Cohen & Jessup LLP

FTC Sues to Stop $24.6 Billion Kroger-Albertsons Deal

On February 26, 2024, the Federal Trade Commission (“FTC”) issued an administrative complaint and authorized a lawsuit in federal court to block Kroger Company’s proposed $24.6 billion acquisition of the Albertsons Companies,...more

Troutman Pepper

FTC and a Coalition of Nine AGs Sue to Block Kroger’s Proposed $24.6B Acquisition of Albertsons

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The Federal Trade Commission (FTC) and a coalition of nine state attorneys general (AG) filed a lawsuit on February 26, in the U.S. District Court for the District of Oregon seeking a preliminary injunction to stall Kroger...more

Jones Day

UK CMA Continues Focus on Groceries with Market Study into Baby Formula

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The UK Competition and Markets Authority ("CMA") launched a market study on 20 February 2024 into baby formula, the latest development in a broader focus on the food and grocery sector....more

Ervin Cohen & Jessup LLP

California Expands Requirements for Successor Grocery Employers

Effective January 1, 2024, California’s Assembly Bill 647 will expand recall rights for grocery workers when there is a change of control in a grocery establishment. Prior to AB 647, existing law required an incumbent grocery...more

BakerHostetler

AD-ttorneys@law - November 2023

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CSPI Urges Food Retailers, Congress to Make SNAP Decisions - Marketing is as important as availability, food study finds - Keep Your Government Hands off Our Food Stamps! SNAP—or the Supplemental Nutrition Assistance...more

Troutman Pepper

Cleanup on Aisle 1: Pennsylvania Grocer Rutters Latest to Settle Single-State Data Breach Investigation With Pennsylvania AG

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Rutters, a prominent grocery chain in Pennsylvania with 80 locations statewide, settled a data breach investigation with Attorney General (AG) Michelle Henry’s office by agreeing to pay $1 million and to implement certain...more

Allen Matkins

Governor Signs Bill Prohibiting Any Grocery Store Purchases Without Prior Written Notice To The Attorney General

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Anyone planning to buy a loaf of bread or head of lettuce next year will need to plan ahead.  Last weekend, Governor Newsom signed AB 853 into law.  This bill provides that "no person shall acquire, directly or indirectly,...more

Ervin Cohen & Jessup LLP

California Food Safety Act Passes

On September 1, 2023, the California legislature passed Assembly Bill (“AB”) 418, the California Food Safety Act. If the law is passed, then any person or entity will be prohibited from manufacturing or selling a food...more

Holland & Knight LLP

Podcast - Trends Affecting the Grocer and Retail Space

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In the inaugural episode of the "Legal Bites Podcast" series, Food and Beverage Litigation Group Leader Nathan Adams and Practice Development Manager Kristina Merritt speak with Ashley Petefish, Sr. Litigation Counsel and...more

Allen Matkins

California May Soon Require Notice To The Attorney General Before Buying Anything From A Retail Grocer!

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Last May, I wrote with some incredulity about AB 853 (Maienschein) which is ostensibly directed at mergers and acquisitions of grocery and drug stores.  The bill, however, appears to be progressing toward enactment.   As a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Announces National Emphasis Program Focusing on Warehousing and Distribution Center Operations

It is perhaps not a surprise to anyone familiar with e-commerce and the corresponding infrastructure that was developed to deliver all those packages, but according to the Occupational Safety and Health Administration (OSHA),...more

K&L Gates LLP

Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement- What's Next?

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While government enforcement of the Robinson-Patman Act (the Act) was all but forgotten for nearly two decades, the Federal Trade Commission (the FTC) announced a second investigation over potential price discrimination in...more

Cadwalader, Wickersham & Taft LLP

Investor Coalitions Urge Consumer Goods Companies to Take Action to Reduce Plastics

In a statement released on May 3, 2023, the Dutch Association of Investors for Sustainable Development (VBDO) called for companies in the fast-moving consumer goods (FMCGs) and grocery retail sectors to reduce their...more

Ervin Cohen & Jessup LLP

Ninth Circuit Upholds Dismissal of “Just Fruit” Lawsuit

On April 28, 2023, a panel of judges from the U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s dismissal of a lawsuit against Kroger alleging that the company misleadingly labeled spreadable fruit products...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - May 2023

The U.S. Food and Drug Administration (FDA) has written a letter to the manufacturers and developers of new plant varieties, urging them to fully consider the potential ramifications of transferring the genes of allergens to...more

Jackson Lewis P.C.

Pending California Bill Proposes Changes to Employee Hiring Requirements When a Grocery Store Establishment Experiences a Change...

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California has had a handful of bills in recent years that discuss the process for hiring employees when there is a change in ownership or control. There is another bill pending pertaining specifically to grocery stores that...more

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