Food & Beverage Litigation & Regulatory Update

Category: Issue 345

  • Eleventh Circuit Reinstates RICO Claims Against Steak House; Putative Class Alleges Illegal Workers Were Hired

    The Eleventh Circuit Court of Appeals has determined that Ruth’s Chris Steakhouse employees in Alabama adequately alleged that their employers “encouraged or induced an alien to reside in the United States, and either knew or recklessly disregarded the fact that alien’s residence here was illegal,” thus stating the predicate act needed to bring a claim…

  • RICO Claims Against Applebee’s and Weight Watchers Dismissed

    A federal court in Kansas has dismissed a putative class action filed against Applebee’s International, Inc. and Weight Watchers International, Inc., finding that the claims raised under the Racketeer Influenced and Corrupt Organizations Act (RICO) were not sufficiently alleged. Shepard v. Applebee’s Int’l, Inc., No. 08-2416 (D. Kan., decided April 7, 2010). Details about the…

  • Court Dismisses Litigation Seeking Cancer Warning Label on Hot Dogs

    According to news sources, a federal court in New Jersey has dismissed putative class claims filed by a vegan advocacy organization on behalf of state residents alleging consumer fraud against companies that sell hot dogs and processed meats. The Cancer Project, identified as an affiliate of the Physicians Committee for Responsible Medicine (PCRM), had asked…

  • Sodium Content Claims Against Denny’s Dismissed

    A federal court in Illinois has dismissed putative class claims alleging that Denny’s Corp. fails to inform consumers that some of its menu items contain excessive levels of salt. Ciszewski v. Denny’s Corp., No. 09-5355 (N.D. Ill., decided April 7, 2010). Additional information about the case can be found in issue 318 of this Update.…

  • DOJ Antitrust Complaint Against Dean Foods Survives Dismissal Motion

    A federal court in Wisconsin has reportedly denied the motion to dismiss filed by Dean Foods Co. in antitrust litigation brought by the U.S. Department of Justice (DOJ) and the attorneys general of three states, challenging the company’s acquisition of a milk producer in 2009. U.S. v. Dean Foods Co., No. 10-59 (E.D. Wis., filed…

  • Liverpool Weighs Ban on Word “Obesity”

    The Liverpool City Council is reportedly considering a ban on the word “obesity” after the Liverpool Schools Parliament, a student body organization, expressed concern that some could find the term offensive. Although some experts have apparently disputed this contention, suggesting that the word adequately reflects the severity of the health condition, students argue that the…

  • New York Bills Address Trans Fats and HFCS in Foods Sold Statewide

    Assembly members have introduced a bill (A10665) similar to legislation in effect in New York City, that would restrict the use of artificial trans fats in foods sold in restaurants and retail food stores. Sponsored by Assemblymen Felix Ortiz (D-Brooklyn) and Richard Gottfried (D-Manhattan), the trans fat bill would not allow the use or sale of…

  • Romania Considers Tax on Fast Food

    The Romanian government has reportedly proposed a tax on fast foods high in fat, sugar and salt. Backed by the European Public Health Alliance, the health ministry has sought to create the world’s most comprehensive tax scheme that would include, not just sugary foods and beverages, but savory fare as well. Proponents have claimed that…