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FTC Proposes Rule to Ban Non-Compete Clauses

On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”), which enforces antitrust law, proposed a rule that would prohibit employers from imposing non-compete clauses on workers. This proposed rule, which can be...more

2022 Guide to Developing and Investing In South Florida Real Estate: What Out-of-State and Overseas Investors Need to Know

Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to...more

Policyholders Gain Momentum in COVID-19 Insurance Coverage Cases

As we anticipated back in May, there has been a significant increase in litigation relating to business interruption insurance coverage for losses attributable to COVID-19 restrictions. Restaurant policyholders, in...more

Putative Class Action Against TGI Friday’s Dismissed

On June 8, 2020, Judge Katherine Polk Failla in the Southern District of New York dismissed a putative class action against TGI Friday’s (“Friday’s”) for alleged deceptive advertising....more

Big Win For General Mills as Eleventh Circuit Affirms Dismissal of Contaminated Cheerios Class Action

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....more

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....more

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...more

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....more

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...more

Trouble in Paradise for Bacardi and Winn-Dixie Over New FDUTPA Class Action

Eighty-six years after the repeal of Prohibition, Bacardi USA and Winn-Dixie are facing a putative class action predicated on Florida Statute Section 572.455, a 150 year-old remnant of the temperance movement.  In Uri...more

Speculative Claims Sink Cheerios Glyphosate Suit

The active ingredient in popular weed killers, glyphosate, has gotten bad press lately.  Thousands of plaintiffs have alleged that exposure to it caused their cancers.  Jurors have responded by invoking punitive damages and...more

Mislabeling Claims Against Poland Spring Water Survive Dismissal

Water: two parts hydrogen, one part oxygen. It seems simple enough, but for companies selling bottled water, liability lurks below the surface. According to a recent lawsuit, consumers care not only about what is in their...more

FDA to Consider Regulation of CBD in Food

Historically, all forms of cannabis—both hemp and marijuana—have been federally designated as illegal substances. That all changed this past December when the President signed the Agricultural Improvement Act (2018 Farm Bill)...more

Dishing Out the Latest F&B Litigation Updates: Part 4

In the Wake of Monsanto, All Eyes are on the Cheerios Glyphosate Case - Doss v. General Mills, No. 18-cv-61924 (S.D. Fla Aug.17, 2018) - The Skinny: Last fall, a jury in California awarded $289 million to a plaintiff...more

Dishing Out the Latest F&B Litigation Updates: Part 3

Malic Acid: Newest Culprit in “Natural” Marketing Case Trend - Hilsley v. Ocean Spray Cranberries, Inc., No. 17-cv-2335, 2018 WL 6245894 (S.D. Cal. Nov. 29, 2018) - The Skinny: Malic acid is a common food ingredient...more

Dishing Out the Latest F&B Litigation Updates: Part 2

Food and Beverage Deception Cases Still Must Pass the “Are you Serious?” Test - Becerra v. The Coca-Cola Co., No. 17-cv-05916, 2018 WL 1070823 (N.D. Cal. Feb. 27, 2018) - The Skinny: It is not Coca-Cola’s fault if you...more

Dishing Out the Latest F&B Litigation Updates: Part 1

In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle - In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018)....more

MillerCoors Turns to Lanham Act to Nip Rival’s Ads in the “Bud”

MillerCoors is suing Bud Light for its unlike-them-we-don’t-use-corn-syrup campaign. Hitting back, MillerCoors filed a lawsuit against Anhauser-Busch last Thursday, asking a federal court to immediately end Bud Light’s...more

Knowledge Is Not Power for Class Action Plaintiffs

The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more

Price Fixing in the Food Industry

When people think about this year’s food industry trends, they may envision app-based grocery delivery services, the Keto diet, and restaurants that serve all locally-sourced ingredients....more

Defense Victory in Product Labeling Class Action

On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more

(Don’t) Got Milk? FDA Cracking Down on Plant-Based Beverages

At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote:...more

New York Court Dismisses False “GMO” Advertising Suit

Podpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017) - The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against...more

eMerge Americas 2016 is Nearly Here

On April 18th and 19th, eMerge Americas will host its third annual technology conference. Last year, the conference welcomed more than 10,000 attendees and 500 companies from more than 50 countries....more

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