Category: Issue 629
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Proposed California Legislation Would Ban PFCs From Fast-Food Wrappers and Containers
The California legislature is considering a bill to make the state the first in the nation to ban perfluorinated chemicals (PFCs) from restaurant food wrappers and containers. The bill proposes that food providers “shall not serve, sell, offer for sale, or offer for promotional purposes prepared food or fast food in, on, or with take-out…
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EU Countries Vote Against Allowing GM Maize
A majority of EU countries reportedly voted against allowing the cultivation of two genetically modified (GM) types of maize as well as the extension of approved cultivation areas for another GM maize already grown in Spain. Neither vote was decisive under EU rules, which require 65 percent of countries’ votes to decide, so the determination…
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Glyphosate to Join Prop. 65 List
California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that glyphosate will be listed under the state’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). In September 2015, OEHHA announced its findings on the carcinogenicity of glyphosate, a chemical used in pesticides that has been targeted in several putative class actions challenging whether…
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Heart Attack Grill Files Trademark Suit Against Heart Attack Shack
A Las Vegas restaurant called the Heart Attack Grill has filed suit against a Tennessee restaurant calling itself the Heart Attack Shack, claiming trademark infringement. HAG IP, LLC v. Tipps Enterprises Inc., No. 17-0652, (M.D. Ky., filed March 29, 2017). The Las Vegas restaurant, which claims trademarks on its Single, Double, Triple and Quadruple Bypass…
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Jury Finds Competitor Liable for Infringement of Dan Aykroyd’s Crystal Head Vodka
A jury has unanimously found Elements Spirits Inc. and its founder liable for trade dress infringement of Globefill Inc.’s Crystal Head, a vodka created by actor Dan Aykroyd and sold in a skull-shaped container. Globefill Inc. v. Elements Spirits Inc., No. 10-2034 (C.D. Cal., verdict entered March 29, 2017). Just before the case went to…
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Court Grants Chipotle’s Motion to Decertify FLSA Class Action
Chipotle Mexican Grill Inc. won decertification of a class action comprising more than 500 management trainees in 37 states when a federal court ruled that there were too many differences in the trainees’ ability to perform managerial duties, causing the action to fail the predominance test. Scott v. Chipotle Mexican Grill Inc., No. 12-8333, (S.D.N.Y.,…
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Rockstar Underfilled Coffee Drink Cans, Plaintiff Alleges
Energy-drink company Rockstar faces a putative class action alleging the company underfilled cans of its coffee drinks, giving the company an unfair competitive advantage and shortchanging consumers. Podawiltz v. Rockstar, Inc., No. 17-0477 (D. Ore., filed March 26, 2017). The plaintiff claims he bought several cans of Rockstar’s coffee drinks labeled “15 fl oz [473…
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Projected Class Action Claims Jelly Belly Mislabels “Sport Beans”
A California plaintiff has filed suit against the makers of Jelly Belly Sport Beans claiming the candy maker’s labeling leads consumers to believe the product does not contain sugar. Gomez v. Jelly Belly Candy Co., No. 17-0575 (C.D. Cal., filed March 24, 2017). The complaint alleges the product label says Sport Beans contain “evaporated cane…