Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • FDA, USDA Could Improve Cell-Cultured Meat Cooperation, GAO Finds

    The U.S. Government Accountability Office (GAO) has publicly released its April 2020 report on the partnership between the Food and Drug Administration (FDA) and Department of Agriculture (USDA) on the development of cell-cultured meat. GAO indicated that it began the inquiry after some stakeholders “expressed concern about the agencies’ oversight of cell-cultured meat amidst a…

  • Court Orders Restaurant Group to Allow Employee to Wear a Face Mask

    A Texas state court has reportedly ordered Hillstone Restaurant Group to allow an employee returning to work to wear a face mask to avoid the transmission of COVID-19. The complaint initially sought to lift the restaurant group’s mask ban for all employees, but the plaintiff amended the complaint to only apply to her after the…

  • Shook Ranked First in Food and Beverage News for Third Consecutive Year by JD Supra

    JD Supra 2020 Readers Choice Awards recognized Shook for the third consecutive time as the top law firm for food and beverage content. The award acknowledges top authors and firms for their thought leadership and reader engagement in key topics during the past year. Shook Partners Mark Anstoetter, Katie Gates Calderon and Lindsey Heinz tied…

  • What the FDA Requires for Food Safety During the COVID-19 Pandemic

    By Shook Of Counsel John Johnson The U.S. Food and Drug Administration’s (FDA) regulatory requirements for food companies, including manufacturers and importers, remain largely unchanged during the COVID-19 outbreak. However, COVID-19 is disrupting plant operations and supply-chains, which companies must be mindful of as they continue to function within the regulatory requirements: Food safety remains…

  • Second Circuit Affirms “Angus Beef” Challenge Dismissal

    The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a putative class action alleging Dunkin’ Brands Inc. misled consumers about the cuts of meat in its “Angus” line of products. Chen v. Dunkin’ Brands Inc., No. 18-3087 (2nd Cir., entered March 31, 2020). The plaintiffs argued that Dunkin…

  • Marijuana Dispensaries Challenge Executive Order Closing Recreational-Use Stores

    Several dispensaries of recreational marijuana in Massachusetts have filed a lawsuit alleging that Governor Charlie Baker exceeded his authority by classifying recreational-use marijuana retail establishments as non-essential while declaring medical-marijuana dispensaries and liquor stores as essential during a statewide shutdown to combat the spread of COVID-19. CommCan Inc. v. Baker, No. 2084CV00808 (Mass. Super. Ct.,…

  • Humane Society Challenges USDA Pandemic Standards for Bird Flu Mitigation

    The Humane Society of the United States (HSUS) has filed a lawsuit arguing that a 2015 assessment issued by the U.S. Department of Agriculture (USDA) “ignores the most logical alternative” in determining the national approach to combating avian influenza in poultry-production facilities. Humane Society of U.S. v. USDA, No. 20-3258 (C.D. Cal., W. Div., filed…

  • Farmworker Labor Unions Sue Washington for Inadequate COVID-19 Protections

    Multiple labor unions have reportedly filed a lawsuit alleging that Washington’s Departments of Health and Labor & Industries failed to provide guidance that would protect farmworkers from increased risks of COVID-19 infection. The unions seek an injunction that would require the agencies to expedite oversight through emergency rulemaking. “Lack of enforceable rules regarding social distancing,…

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