Food & Beverage Litigation & Regulatory Update

Tag: New York

  • Federal Appeals Court Upholds Validity of NYC Menu Board Ordinance

    The Second Circuit Court of Appeals has affirmed a lower court ruling that rejected the restaurant industry’s preemption and First Amendment challenge to New York City’s health code provision mandating that certain restaurant chains post calorie information on their menu boards. New York State Rest. Ass’n v. NYC Bd. of Health, No. 08-1892 (2d Cir.,…

  • New York Governor Proposes Soda Tax as Budget Stopgap

    New York Governor David Paterson (D) has reportedly proposed an 18 percent tax on soft drinks and other non-diet sweetened beverages as part of his plan to lessen a $1.5 billion shortfall in the state’s annual budget. The tax would purportedly raise $404 million, but industry leaders have called the maneuver a “money grab” that…

  • MDL Court Finds Bottled Water Claims Preempted Under Federal Law

    A multidistrict litigation court (MDL) in New York has dismissed putative class claims filed against PepsiCo., Inc. for allegedly misrepresenting the source of its Aquafina® bottled water, “by using a label designed to create the impression that the water came from a mountain source and failing to inform consumers that the true source . .…

  • CUNY Campaign Against Diabetes Publishes Obesity Policy Report

    The City University of New York Campaign Against Diabetes and the Public Health Association of New York City (PHANYC) have published a report, titled Reversing Obesity in New York City: An Action Plan for Reducing the Promotion and Accessibility of Unhealthy Food, that aims to educate policy makers, advocates and health professionals about food policy…

  • Two Class Actions Claim Fast Food Is Responsible for Obesity and Health Problems

    New York attorney Samuel Hirsch has filed lawsuits against fast food companies on behalf of two classes of plaintiffs who are allegedly obese and have developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol intake, and other adverse health effects from consuming defendants’ products. Barber v. McDonald’s Corp., No. 23145/2002 (N.Y., Super. Ct., filed July 24,…