Tag: New York
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Batali and Bastianich Settle Wage Claims for $5.25 Million
Restaurateurs Mario Batali and Joseph Bastianich have apparently agreed to settle for $5.25 million wage-related claims in a class action filed by waitstaff at their New York City restaurants including Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and Tarry Lodge. Capsolas v. Pasta Resources Inc., No. 10-5595 (S.D.N.Y., motion for preliminary approval of…
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Organic Farmers Fail to Show Controversy, Patent Invalidation Suit Against Monsanto Dismissed
A federal court in New York has dismissed, for lack of jurisdiction, the claims filed by numerous organic farming interests seeking a declaration that they are not infringing Monsanto’s genetically modified (GM) seed patents, the patents are invalid and unenforceable and the company would not be entitled to remedies against them. Organic Seed Growers &…
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New Lawsuit Claims Tostitos® and SunChips® Are Not “All Natural,” Contain GE Ingredients
A New York resident has reportedly filed a putative class action in federal court, alleging that Frito-Lay misleads consumers by promoting its snack products as “all natural” when they actually contain corn and oils made from genetically engineered (GE) plants. Shake v. Frito-Lay N. Am., Inc., No. 12-408 (E.D.N.Y., filed January 30, 2012). Similar litigation…
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New York City Launches Ad Campaign Urging Reduced Portion Sizes
The New York City Health Department has launched a “hard-hitting” ad campaign encouraging subway riders to cut their portions of food and sugary drinks to reduce the health risks associated with obesity. One poster, for example, depicts a diabetic man with an amputated leg with the tagline, “Cut Your Portions, Cut Your Risk.” “The portion…
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NYC Health Department Unveils New Anti-Soft Drink Campaign
The New York City Department of Health and Mental Hygiene has unveiled the latest installment of its “Pouring on the Pounds” campaign that describes “how drinking just one 20-ounce soda a day translates to eating 50 pounds of sugar a year.” According to an October 24, 2011, press release, the 30-second TV commercial aims to…
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Failure-to-Warn Claims Against Tuna Co. Not Preempted, Says Federal Court
Granting the defendants’ motion to dismiss in part, a federal court in New York has allowed further proceedings on most of the claims filed by a man who alleged that consuming one to two cans of tuna daily for more than two years caused his mercury poisoning. Porrazzo v. Bumble Bee Foods, LLC, No. 10-4367…
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Insurer Seeks Declaration in Coverage Dispute over Diacetyl Litigation
Arch Specialty Insurance Co. has filed a declaratory judgment action in a New York state court against a company identified as a distributor of food product ingredients, including the butter-flavoring chemical diacetyl. Arch Specialty Ins. Co. v. Citrus & Allied Essences, Ltd., No. 652670/2011 (N.Y. Sup. Ct., N.Y. County, filed September 29, 2011). The insurance…
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Greek Yogurt Company Challenges Denial of Trademark Registration
Fage Dairy Processing Industry, S.A. has filed a lawsuit seeking to overturn the Trademark Trial and Appeal Board’s refusal to register the yogurt maker’s “Fage Total” trademark and a declaration that its use of the mark does not infringe any claimed right of General Mills, which makes Total® breakfast cereals. Fage Dairy Processing Indus., S.A. v.…