Tag: Pennsylvania
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Dairy Challenges FDA Skim Milk Labeling on First Amendment Grounds
A Maryland dairy has filed a First Amendment lawsuit challenging a U.S. Food and Drug Administration (FDA) regulation requiring skim milk without vitamins A and D added to be labeled “imitation.” S. Mountain Creamery, LLC v. FDA, No. 18-0738 (M.D. Pa., filed April 4, 2018). According to the complaint, South Mountain Creamery cannot selling its “all-natural, additive-free,…
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Jury Awards Plaintiff in Mondelez Age Discrimination Case
A jury in Pennsylvania federal court has awarded $200,000 to a former Mondelez employee who alleged the company discriminated against her because of her age and terminated her after she complained of the alleged discrimination. Konsavage v. Mondelez Global LLC, No. 15-1155 (M.D. Pa., verdict issued March 19, 2018). The plaintiff, who worked for Nabisco…
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Appeals Courts to Review SSB Warning Labels, Taxes
The Ninth Circuit has granted an en banc rehearing of its September 2017 decision to block a San Francisco ordinance requiring health warnings on sugar-sweetened beverages (SSBs) on the grounds that it unduly burdened and chilled speech protected by the First Amendment. Am. Beverage Ass’n. v. City & Cty. of San Francisco, No. 16-16072 (9th…
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Five Guys Faces Allegations of Gender-Based Pay Discrimination
A former employee has filed a discrimination lawsuit alleging Five Guys Operations paid female employees less than similarly situated male employees, echoing a similar lawsuit she filed in 2016. Finefrock v. Five Guys Operations, LLC, No. 17-2214 (M.D. Pa., filed December 1, 2017). The plaintiff asserts that after she and two other female general managers confronted…
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Proposed Ban on SSB Taxes in Pennsylvania Forthcoming
A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the 1.5-cent-per-ounce tax that took effect in Philadelphia in January 2017 after a failed challenge in court. Although Rep. Mark…
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Appeals Court Upholds Philadelphia SSB Tax
A Pennsylvania appeals court has upheld Philadelphia’s tax on the distribution of sugar-sweetened beverages (SSBs), rejecting arguments that it is a duplicate sales tax or is preempted by state tax laws. Williams v. City of Philadelphia, Nos. 2077, 2078 (Pa. Commonwealth Ct., order entered June 14, 2017). The court held that the subject matter of…
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Cracker Barrel ADA Class Action Settlement Gets Preliminary Approval
A federal court has given preliminary approval to a class action settlement in which Cracker Barrel restaurants will develop a disability-access compliance policy for parking facilities at its locations. Heinzl v. Cracker Barrel Old Country Store, No. 14-1455 (W.D. Pa., order entered May 15, 2017). The settlement agreement requires Cracker Barrel to develop a survey…
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Ketchup Cap Maker Sues Kraft Heinz for Trade-Secret Misappropriation
Kraft Heinz Foods faces a trade-secret suit alleging it distributed documents containing confidential and proprietary drawings and specifications for plastic caps created by one of its long-time vendors. AptarGroup, Inc. v. Kraft Heinz Foods Co., No. 17521 (W.D. Pa., filed April 21, 2017). AptarGroup argues that Kraft distributed engineering and customer drawings providing detailed specifications…