Category: Issue 676
-
California Supreme Court Dismisses Grape Growers’ First Amendment Challenge
The California Supreme Court has affirmed an appeals court ruling holding that an assessment collected to subsidize a grapes promotional campaign is constitutional and not compelled speech. Delano Farms Co. v. Cal. Table Grape Comm’n, No. S226538 (Cal., entered May 24, 2018). The growers argued that the program required them to “sponsor a viewpoint (promoting…
-
Court Denies Challenge to NOSB Substance Review Process
A federal court has dismissed a lawsuit alleging that the National List’s sunset review process violates the Administrative Procedures Act. Ctr. for Food Safety v. Perdue, No. 15-1590 (N.D. Cal., entered May 24, 2018). The court found that the notice promulgating the alteration of the review process was not a final action because it did…
-
Court Declines to Reconsider Juice Certification Denial
A federal court has denied a motion to reconsider a denial of class certification in a lawsuit alleging that Tropicana Products Inc. mislabeled its orange juice as “natural.” In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered May 24, 2018). The plaintiffs argued that the court misconstrued its theory of liability,…
-
Fifth Circuit Affirms Viacom’s Ownership of “Krusty Krab” Mark
The U.S. Court of Appeals for the Fifth Circuit has affirmed a ruling that a Texas restaurant, “The Krusty Krab,” infringed Viacom International Inc.’s common law trademark. Viacom Int’l, Inc. v. IJR Capital Invs., No. 17-20334 (5th Cir., entered May 22, 2018). The court held that Viacom had established both use and distinctiveness of the…
-
Grocery Bag Fee is Not a Tax, Colorado Supreme Court Holds
The Colorado Supreme Court has upheld a municipal ordinance charging a $0.20 “waste reduction fee” for paper grocery bags and prohibiting disposable plastic bags, ruling the charge is part of a regulatory program of waste management and not a tax. Colo. Union of Taxpayers Found. v. City of Aspen, No. 16SC377 (Colo., entered May 21,…
-
Advocacy Groups Urge Senate to Support NOSB
A group of advocacy organizations has sent a letter asking the leaders of the Senate Committee on Agriculture, Nutrition & Forestry to “fully support organic agriculture in the Farm Bill and to oppose any changes that would undermine the organic standards and the National Organic Standards Board (NOSB).” The organizations urge the committee to refrain…
-
Op-Ed Profiles Farmer Targeting Antibiotics in Cattle
A New York Times opinion piece has detailed the efforts of Sandy Lewis, an organic cattle farmer, to persuade fellow ranchers and others in the agriculture industry not to administer antibiotics for growth in cattle. Lewis, a former arbitrageur, has called on the U.S. Food and Drug Administration to ban and criminalize the use of…
-
NLRB Allows Firing of Pizzeria Employee Following Criticism of Manager
The National Labor Relations Board (NLRB) has ruled that a pizzeria that fired an employee who criticized a manager did not violate the National Labor Relations Act. Bud’s Woodfire Oven LLC, No. 05-194577 (N.L.R.B., issued May 18, 2018). The determination focused on whether the employee acted on his own behalf or engaged in protected concerted…