News & Analysis as of

Grocery Stores

Prop. 65 Point-of-Sale Warnings Expiring for BPA in Food and Beverage Products

by Bryan Cave on

The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...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

Menu Labeling Update: Plans On-Track for Implementation in May 2018

On November 7, 2017, the U.S. Food and Drug Administration (FDA or the Agency) released the much-anticipated draft supplemental guidance, “Menu Labeling: Supplemental Guidance for Industry” (Draft Guidance). The Draft...more

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

Cost Of Convenience For The Grocery Industry: On-Demand Grocery Delivery Service Presents Possible Legal Ramifications

by Rumberger Kirk & Caldwell on

Amazon, Uber, Peapod and FreshDirect have changed the way people shop, travel and order food. Until recently, consumers continued shopping in brick-and-mortar stores for their groceries.  However, with the advent of third...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

DealBook’s Common Sense column takes a look at the AT&T/Time Warner deal and the “battle lines” forming for an “epic” antitrust battle, in spite of the vertical nature of the merger (the companies don’t compete in any...more

California Grocer: The “Wild West” of ADA Website Litigation.

by Downey Brand LLP on

Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...more

Menu Labeling Update: FDA Issues New Guidance, Plans to Implement Rule in May 2018

Yesterday, the U.S. Food and Drug Administration (FDA or the Agency) released a draft guidance, "Menu Labeling: Supplemental Guidance for Industry" (Draft Guidance). In the Draft Guidance, FDA addresses comments it received...more

Corporate E-Note - September 2017

by Burr & Forman on

Global companies must safeguard confidential, proprietary information and trade secrets—not just from cybercriminals, “hacktivists,” cyberterrorists, and competitors—but from former employees. Too often, terminated or...more

Food & Beverage Litigation Update | October 2017

OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more

Amazon & Whole Foods: The Next Evolution of the Modern Supermarket?

In anticipating the next step in the evolution of grocery shopping, it is impossible to ignore the statement-making moves of our neighbor, Amazon. In March of this year, Amazon revealed the first of many AmazonFresh Pickup...more

EEOC Sues Publix Super Markets For Religious Discrimination

Company Refused to Provide a Reasonable Accommodation for Rastafarian Employee's Dreadlocks, Federal Agency Charges - NASHVILLE, Tenn. - Florida-based grocer Publix Super Markets, Inc. violated federal law by refusing to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Uber’s got more than a spot of bother on its hands in London after this morning’s announcement that the company’s largest market in Europe won’t renew the ride-hailing service’s license to operate in the city (citing “a lack...more

State Attorneys General Vigilant on Price Gouging Following Hurricanes Harvey and Irma

by Jones Day on

Many states have prohibitions on price gouging that go into effect during states of emergency. In this hurricane season, seven U.S. states and territories have declared emergencies. The Impact: Although hurricanes often...more

Eighth Circuit Holds Data Breach Plaintiffs Must Allege Actual Injury to Establish Standing

by Fenwick & West LLP on

The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more

Bittersweet: The Chicago Sweetened Beverage Tax Sparks Class Action Litigation (update)

by Benesch on

After a protracted legal fight, Cook County’s much maligned Sweetened Beverage Tax went into effect on August 2, 2017. See County of Cook, § 74-850, et seq.[1] In relevant part, the tax requires retailers of sweetened...more

Governor's Order Protects Against Price Gouging Following Hurricane Harvey

by Holland & Knight LLP on

• In addition to providing much needed relief for the people and businesses affected by Hurricane Harvey, Texas Gov. Greg Abbott's declaration of disaster also has implications for anyone doing business within the affected...more

Eighth Circuit Issues Two Class Action Data Breach Rulings

by Ballard Spahr LLP on

In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Drugmaker Gilead has kickstarted a largely quiet period for big pharma deals with the announcement that it’s acquiring Kite for about $11.9 billion. Kite Pharma’s best known for its emerging cancer treatments that focus on...more

Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Along with this week’s news that Amazon and Whole Foods are putting the finishing touches on their deal and have the government’s stamp of approval came word that as of Monday, the first official day of Amazon control, the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The 2d Circuit has upheld by a 2-1 margin the insider-trading conviction of former SAC Capital Advisors portfolio manager Mathew Martoma. Martoma’s counsel had challenged the propriety of the jury instructions in light of the...more

Disabling Code: Franchisors Should Ensure Digital Properties Are Accessible

by Lewitt Hackman on

Are we still in the dawn of the digital age, or have we moved on to mid-morning yet? Only time, and your company's web site and applications, will tell. Unfortunately, when it comes to website accessibility, it is still...more

Two New York Federal Judges Refuse to Dismiss Website Accessibility Cases

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make...more

Epic NLRB Benchslap

by Sherman & Howard L.L.C. on

An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view. But things went south when the UFCW declared war on Fred Meyer. Some eight...more

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