Category: Issue 459
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Monster Beverage Corp. Hit with Wrongful Death Lawsuit, FDA Investigation
The parents of a 14-year-old girl who allegedly died after consuming two 24-ounce Monster Energy® drinks in a 24-hour period have filed a wrongful death and strict product liability lawsuit against Monster Beverage Corp. in a California state court. Crossland v. Monster Beverage Corp., No. RIC 1215551 (Cal. Super. Ct., Riverside Cty., filed October 17,…
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Jury Agrees with Benihana over Employee Classification
A federal jury in California has reportedly determined that Benihana properly classified three restaurant managers as exempt thus concluding wage-related litigation against the chain. Originally filed as a putative class action in state court, the case initially included claims about overtime wages, accrued vacation pay, rest and meal breaks, and itemized wage statements. By the…
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Second Circuit Sends Starbucks Tips Dispute to New York Court with Questions
The Second Circuit Court of Appeals has certified to the New York Court of Appeals questions arising under state employment law in a dispute over the distribution of tips in Starbucks stores. Barenboim v. Starbucks Corp., No. 10-4912; Winans v. Starbucks Corp., No. 11-3199 (2d Cir., questions certified October 23, 2012). A federal district court…
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Prop. 37 Debate Heats Up, International Accords Could Be Implicated
According to University of Oklahoma College of Law Professor Drew Kershen, writing for the Giannini Foundation of Agricultural Economics publication Agricultural and Resource Economics, if California voters approve Proposition 37 (Prop. 37) in November 2012, it could be vulnerable to challenge under World Trade Organization (WTO) agreements. As Kershen notes, the ballot proposition would “impose…
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UK Announces Voluntary FOP Labeling System
The U.K. Department of Health (DOH) has announced a voluntary front-of-pack (FOP) nutrition labeling scheme designed to “clearly” display the amount of fat, saturated fat, salt, sugar, and calories contained in food products. According to an October 24, 2012, press release, the proposed system will use color coding, guideline daily amounts and “high/medium/low” text to…
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EFSA Issues Updated Acrylamide Report; New Study Links Acrylamide to Reduced Birth Weight
The European Food Safety Authority’s (EFSA’s) Dietary and Chemical Monitoring Unit has issued an updated report finding little change in the amount of acrylamide produced during food processing since the last data set was released in 2008. Covering 2007-2010, the report used approximately 13,000 data points to monitor the substance, which “typically forms in starchy…
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Environmental Group Contends FDA Documents Show Doubts re: Antimicrobial Drugs
Public Employees for Environmental Responsibility (PEER) has posted to its website documents relating to the use of antimicrobial drugs in livestock feed received from the Food and Drug Administration (FDA) under a Freedom of Information Act request. According to PEER, internal memos show that FDA is not, as the agency has claimed, working successfully with…
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FTC Issues Guidelines for Facial-Recognition Technology
The Federal Trade Commission (FTC) has issued a staff report outlining best practices for the use of facial-recognition technology in online social networks, mobile apps, digital signs, and other products and services. According to an October 22, 2012, FTC press release, facial recognition technology has “a number of potential uses, such as determining an individual’s…