Litigation

Vaccine-or-Test Mandates: U.S. Supreme Court Oral Arguments on Friday

The U.S. Supreme Court convened a special session to hear oral arguments concerning the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) and the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (“CMS”) emergency rules mandating COVID-19 vaccination. The OSHA Emergency Temporary Standard (“ETS”) requires employers with 100 or more …

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Federal Vaccine Mandates – Where Things Stand

Litigation, Government Relations, Health Care, Healthcare, Life Sciences, Public Policy / By Elisa Bayoumi

Updated on December 7, 2021 All federal vaccine mandates stayed pending Court action On September 9, 2021, President Biden issued Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors which mandated that employees of federal contractors be fully vaccinated for COVID-19, following recommendations of the Safer Federal Workforce Task Force. In early November 2021, …

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Good News for SNAP Retailers: FNS Increases SNAP Benefits for Fiscal Year 2022

Agriculture & Agribusiness, Food Manufacturing, Processing, and Marketing, Litigation, USDA / By Stewart D. Fried

The beginning of the new federal fiscal year on October 1 brought welcome news to 45 million SNAP beneficiaries across the country and to more than 250,000 grocery stores, convenience stores, and other retailers authorized to redeem SNAP benefits. On October 1, 2021, average SNAP benefits increased by $35.24 per person, per month. USDA’s Food …

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Play It Again SAM: Federal Judge Orders FNS to Remove Owner of Disqualified SNAP Retailer from SAM List

For Export, Litigation, USDA / By Stewart D. Fried

Owners of supermarkets and convenience stores are generally not aware that one of the perils of participating in the SNAP program may be placement on the General Services Administration’s System for Award Management list of excluded and disqualified parties (“SAM List”). That’s true because few retailers have heard of the SAM List and because USDA’s …

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Trade Practices Warning: Colorable Imitation of a Trademark or Trade Dress Must Be Avoided

Litigation / By Joi Jackson

Federal and State laws protect the efforts that food manufacturers/distributors put into promoting customer recognition of, and trust in, their products. Use of a trademark and/or trade dress on packaging are the commercial means typically employed to distinguish products in the same general category. Responsible businessmen properly take care not to cause confusion about the …

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Which Food Labeling Claims Put You Most at Risk of a Class Action Lawsuit?

FDA, Litigation / By Joi Jackson

Food labeling class actions — which food labeling claims put you most at risk of a lawsuit? Popular claims regarding ingredient content or processing methods are often the most common targets for class actions. Read the views of OFW Law, as reported in Food Navigator. The article reports on a recent webinar sponsored by the …

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Upcoming Webinar: Avoiding the Food Labeling Class Action Trap

FDA, Litigation, OFW Law News / By Joi Jackson

The food and beverage industry is facing an unprecedented number of threats from class action cases alleging misleading labeling and advertising. Approximately two new lawsuits against manufacturers, distributors and retailers were filed each week in 2017! Dozens more food and beverage industry members received demand letters that threatened the commencement of such cases and demanded …

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Starbucks Slack-Fill Class Action Holds No Water … or Milk Foam

Litigation / By Joi Jackson

Tall, Grande, and Venti are terms well-known to many American consumers looking for a latte or mocha at one of more than 13,000 Starbucks locations in the United States. Most, if not all, of those consumers are aware that Starbucks baristas typically leave some room when filling 12 ounce (“Tall”), 16 ounce (“Grande”), and 20 …

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Up in Flames: Ninth Circuit Upholds Certification in “100% Natural” Wesson Oil Class Action

FDA, Litigation / By Joi Jackson

In a January 3, 2017, decision likely to have broad implications in food class action litigation, the Ninth Circuit Court of Appeals affirmed a California federal district court judge’s decision certifying a consumer class action brought by purchasers of Wesson-brand cooking oil. In Briseño v. ConAgra, residents of eleven states, alleged that the “100% Natural” …

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Vaccine-or-Test Mandates: U.S. Supreme Court Oral Arguments on Friday

Federal Vaccine Mandates – Where Things Stand

Good News for SNAP Retailers: FNS Increases SNAP Benefits for Fiscal Year 2022

Play It Again SAM: Federal Judge Orders FNS to Remove Owner of Disqualified SNAP Retailer from SAM List

Trade Practices Warning: Colorable Imitation of a Trademark or Trade Dress Must Be Avoided

Which Food Labeling Claims Put You Most at Risk of a Class Action Lawsuit?

Upcoming Webinar: Avoiding the Food Labeling Class Action Trap

Starbucks Slack-Fill Class Action Holds No Water … or Milk Foam

Up in Flames: Ninth Circuit Upholds Certification in “100% Natural” Wesson Oil Class Action

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