Category: Issue 650
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Energy Drinks Consumers Suggest Strategies to Reduce Youth Consumption
The Journal of Nutrition Education and Behavior has published a study in which youth aged 12-25 suggested strategies to reduce youth energy-drink consumption. Jacinta Francis, et al., “Informing Intervention Strategies to Reduce Energy Drink Consumption in Young People: Findings From Qualitative Research,” Journal of Nutrition Education and Behavior, October 2017. Researchers reportedly found that while…
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Burger King Settles Coupon Class Action
Burger King has agreed to settle a putative class action alleging some of the chain’s locations overcharged consumers who presented buy-one-get-one-free coupons for breakfast sandwiches, charging them more than they would have paid without the coupons. Anderson v. Burger King, No. 17-1204 (D. Md., motion filed October 11, 2017). According to the plaintiff’s unopposed motion…
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Projected Class Action Alleges Restaurant Groups’ Plan to End Tipping Is Conspiracy
Danny Meyer, David Chang, Jonah Miller, Tom Colicchio and other restaurateurs have been named as defendants in a putative class action that alleges a business strategy to eliminate tipping and replace it with a service charge of at least 20 percent is price-fixing and a conspiratorial restraint of trade that violates the federal Racketeer Influenced…
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Court Holds NLEA Preempts Maple Syrup Claims Against Quaker Oats
A California federal court has dismissed a consolidated putative class action alleging that Quaker Oats falsely advertised breakfast cereals as containing maple syrup or sugar, holding that the claims were preempted by the Food, Drug and Cosmetic Act (FDCA) and the Nutritional Labeling and Education Act amendment (NLEA), despite a “maple syrup” exception that allows…
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Online and Mail-Order Sellers Must Obtain Organic Permits, ECJ Rules
The European Court of Justice (ECJ) has ruled that all online and mail-order sellers of organic products—including small producers and sellers that would otherwise be exempt from the requirements—must obtain sales permits to avoid fraud and mislabeling and maintain “consumer confidence” in products labeled as organic. Kamin und Grill Shop GmbH v. Zentrale zur Bekampfung…
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SCOTUS Declines Consideration of Circuit Split on Class Action Administrative Feasibility Requirement
The U.S. Supreme Court has denied a petition for a writ of certiorari asking the court to resolve a split among circuit courts on the question of whether putative class action plaintiffs must propose an administratively feasible method to identify potential class members. Conagra Brands, Inc. v. Briseno, No. 16-1221 (U.S., denial entered October 10,…
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Chicago Repeals SSB Tax After Two Months of Enforcement
Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a lawsuit arguing that the tax was unconstitutional. The tax took effect in August 2017 after a court dismissed the Illinois Retail Merchants Association’s lawsuit. Retailers reportedly saw SSB sales…