Category: D.C. Circuit
-
DOJ Seeks to Stop Beer Merger
The U.S. Department of Justice (DOJ) has filed an antitrust lawsuit against Belgian brewer Anheuser-Busch InBev SA/NV (ABI) and Mexican brewer Grupo Modelo S.A.B. de C.V., seeking to enjoin ABI’s June 28, 2012, acquisition of Modelo. United States v. Anheuser Busch InBev SA/NV, No. 13-127 (D.D.C., filed January 31, 2013). DOJ contends that the $20.1 billion…
-
GAP Lawsuit Seeks FDA Data on Use of Animal Antibiotics
The Government Accountability Project (GAP) has filed a lawsuit under the Freedom of Information Act (FOIA) against the Food and Drug Administration (FDA), alleging that the agency has wrongfully withheld information requested about the use of anti-microbial drugs in food-producing animals. GAP v. FDA, No. 12-1954 (D.D.C., filed December 5, 2012). GAP requests an order…
-
Court Dismisses POM Wonderful’s Challenge to FTC Substantiation “Rule”
A federal court in the District of Columbia has dismissed the declaratory judgment action that POM Wonderful filed against the Federal Trade Commission (FTC) shortly before the Commission brought an enforcement action against the pomegranate product producer. POM Wonderful LLC v. FTC, No. 10-1539 (D.D.C., decided September 30, 2012). More information about the complaint and…
-
How Far Can Government Go in Forcing Manufacturers to Tell Consumers “Don’t Buy This Product”?
A divided D.C. Circuit Court of Appeals has determined that the graphic antismoking images which the Food and Drug Administration (FDA) selected for placement on cigarette packages for the purpose of reducing smoking rates in the United States fail the intermediate scrutiny standard for compelled commercial speech. R.J. Reynolds Tobacco Co. v. FDA, No. 11-5332…
-
D.C. District Court Refuses to Certify Class in Antitrust Suit Against Whole Foods
A federal court in the District of Columbia has denied a motion to certify a class of Los Angeles County Whole Foods shoppers alleging that the company’s 2007 merger with Wild Oats “substantially lessened competition” in violation of the Clayton Act, “created an unlawful monopoly” under the Sherman Act, and “constituted an unlawful agreement in…
-
Environmental Groups Continue Challenge to GE Crops on Wildlife Refuge Lands
The Center for Food Safety (CFS) and other public interest organizations have filed a lawsuit against the U.S. Fish and Wildlife Service (FWS), seeking a declaration that the agency’s decision to allow the cultivation of genetically engineered (GE) corn and soybean crops on wildlife refuge lands in the Midwest violated federal environmental laws. Ctr. for…
-
Class Counsel Seek $90.8 Million in African-American Farmers Discrimination Case Settlement
Three lead class attorneys who, for five years or longer, have represented African-American farmers claiming discrimination in government farm loan programs, have filed their fee petition seeking 7.4 percent of the preliminarily approved $1.25 billion settlement, or $90.8 million. In re: Black Farmers Discrimination Litig., Misc. No. 08-0511 (D.D.C., filed August 8, 2011). The petition recites…
-
Litigation Schedule Filed in Challenge to RoC Styrene Listing
If a D.C. federal court agrees to the unopposed litigation schedule filed in late July by the Styrene Information and Research Center, a decision about whether the Department of Health and Human Services (HHS) properly added styrene to its list of possible carcinogens could be reached early in 2012. Styrene Info. & Research Ctr., Inc.…