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. The Eleventh Circuit agreed with District
The Food Court
Serving up the latest legal developments impacting the Food & Beverage Industry
The Food Court blog, published by Bilzin Sumberg, focuses on legal issues affecting the food and beverage industry. It covers topics such as antitrust litigation involving food pricing, franchise disputes including allegations of racial discrimination, product labeling and consumer protection lawsuits, and insurance coverage litigation related to business interruptions like those caused by the COVID-19 pandemic. The blog provides updates and analysis on regulatory compliance, litigation trends, and legal challenges specific to food manufacturers, retailers, and franchise operators.
Latest from The Food Court - Page 2
Peanut Farmers Successfully Allege Price-Fixing Conspiracy Against Industry Giants
In the latest of a series of antitrust lawsuits involving the food industry, a Virginia federal court last week denied a motion to dismiss a class action lawsuit alleging a price-fixing conspiracy in the peanut market.
The class is comprised…
Setting the Table in a Post-COVID-19 World: The Restaurant Industry Rises Up to Tackle Its Greatest Challenge Yet (and Maybe Ever)
Work in the restaurant industry is a grind on a good day. Long hours, revolving staff, never-ending customer expectations, seasonality, supply chain issues, and intense competition are just a few of the daily headaches. As adept as restaurants have become…
Putative Class Action Dismissed Over Ghirardelli White Chips
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.
Filing their case in September of last year in California state court, the class…
FDA Temporarily Relaxes Food Labeling Regulations
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 menu items, including calorie information. But with state…
Class Action Ascertainability in the Eleventh Circuit: What Makes the Cut?
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.[1] Plaintiffs’ complaint asserts that Quincy violated Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA)…
Consumers Allege Dishonesty from Honest Tea
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 foods. The market reacted…
FDA’s Congressional Report Confirms Slow But Steady Progress on CBD Regulation
As the CBD boom continues to gain a foothold in mainstream commerce, the Food and Drug Administration (FDA) has been slow to provide retailers and consumers with meaningful guidance or regulation.
On December 20, 2019—in response to prompting from Senate…
A Recipe for Disaster: The Impact of COVID-19 on Food Safety and the Food Industry
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 statements advocating for consistent hygiene (handwashing…
Class Certification Granted to Kraft Investors Alleging Wheat Market Rigging
U.S. District Judge Edmond E. Chang in the Northern District of Illinois recently granted certification in a wheat market rigging suit filed against Kraft Foods Group Inc. (“Kraft”). The class, comprised of Chicago Board of Trade (“CBT”) wheat market investors,…