Tag: Minnesota
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FSIS Violated APA in Removing Pork Line Speed Limits, Court Rules
A Minnesota federal court has ruled that the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) violated the Administrative Procedures Act (APA) when it adopted the New Swine Inspection System (NSIS), which eliminated line speed limits for pork processing. United Food & Com. Workers Union, Local 663 v. USDA, No. 19-2660 (D. Minn.,…
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Union Sues USDA for Swine Processing Rules
An international union and several of its local chapters have filed a lawsuit seeking to compel the U.S. Department of Agriculture (USDA) to change its final rule promulgated on October 1, 2019, that eliminates maximum processing speeds and permits processing plants to employ their own health and safety monitors. U. Food & Commercial Workers Union,…
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Minneapolis to Ban Drive-Thru Windows
The Minneapolis City Council has reportedly voted to ban the establishment of new drive-thru facilities within city limits. The ordinance does not affect existing restaurants, and businesses are permitted to alter or expand their drive-thrus. The law reportedly targets carbon emissions caused by idling cars.
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Dairy Queen Alleges “Blizzard” Water Infringes Trademarked Treats
American Dairy Queen Corp. has filed a lawsuit challenging W.B. Mason Co.’s application for a “Blizzard” trademark for its bottled water. Am. Dairy Queen Corp. v. W.B. Mason Co., Inc., No. 18-0693 (D. Minn., filed March 12, 2018). Dairy Queen alleges that it trademarked “Blizzard” for milkshakes in 1946 and has extended the mark to…
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Watkins Sues McCormick over Slack-Filled Packaging
Watkins Inc., a Minnesota-based company known for its black pepper, has filed a lawsuit against McCormick and Co., Inc., a global purveyor of spices, alleging that McCormick recently began underfilling its pepper containers but continued using the same size of packaging. Watkins Inc. v. McCormick and Co., No. 15-2688 (D. Minn., filed June 9, 2015).…
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Claims Trimmed in Bacon-Related Action Against Hormel
A Minnesota federal court has granted in part and denied in part a motion to dismiss in a lawsuit alleging that Hormel Food Corp. stole trade secrets and breached contractual agreements in its joint venture to develop new methods of cooking bacon. Unitherm Food Sys. Inc. v. Hormel Food Corp., No. 14-4034 (D. Minn., order…
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False “100% Natural” Labeling Suit Against General Mills Dismissed
A federal court in Minnesota has dismissed a putative class action alleging that General Mills misleads consumers by labeling its Nature Valley products as “Natural” or “100% Natural” when they actually contain highly processed ingredients such as high-fructose corn syrup, high-maltose dextrin syrup and maltodextrin. Chin v. General Mills, Inc., No. 12-2150 (D. Minn., decided…
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Class Certification Revoked for Pizza Delivery Drivers
The Eighth Circuit Court of Appeals has reversed the grant of class certification for some 1,600 Domino’s Pizza delivery drivers in Minnesota, finding that their claims lacked commonality. Luiken v. Domino’s Pizza, LLC, No. 12-1216 (8th Cir., decided February 4, 2013). The drivers claimed that Domino’s improperly withheld from them a fixed delivery charge imposed…