Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • Challenge to Restaurant’s “Gift” of Foie Gras Survives Anti-SLAPP Analysis

    A California appeals court has rejected a Napa restaurant’s attempt to circumvent the state’s foie gras ban by describing it as a gift for ordering another dish then arguing that a resulting suit brought by the Animal Legal Defense Fund (ALDF) seeking an injunction was merely a strategic lawsuit against public participation (SLAPP) in violation…

  • Settlement Reached in Papa John’s Delivery Tax Dispute

    According to a joint motion filed in Florida federal court, Papa John’s International Inc. and a class of consumers have reached an agreement in a lawsuit alleging that the pizza company charged tax on delivery fees in violation of state law. Schojan v. Papa John’s Intl. Inc., No. 14-1218 (M.D. Fla., motion filed February 16,…

  • California Lawsuit Alleges That P.F. Chang’s Surcharge on Gluten-Free Foods Violates ADA

    A consumer has filed a putative class action alleging the $1 surcharge that P.F. Chang’s imposes on its gluten-free menu items violates the Americans with Disabilities Act (ADA) by discriminating against those with celiac disease. Phillips v. P.F. Chang’s China Bistro, No. 15-344 (N.D. Cal., removed to federal court January 23, 2015). The complaint asserts that…

  • “Fat Noodle” Too Similar to “Chubby Noodle,” Complaint Says

    Noodles Raw Catering, owner of Chubby Noodle restaurants, has filed a lawsuit alleging that Saison Group’s Fat Noodle restaurant infringes on Noodles Raw’s trademark. Noodles Raw Catering LLC v. Saison Group LLC, No. 15-316 (N.D. Cal., filed January 22, 2015). The complaint asserts that although Chubby Noodle, which sells “high-quality, well-priced Asian-inspired” food, does not…

  • Court Grants Conditional Class Certification in T.G.I. Friday’s Wage Action

    A New York federal court has granted conditional class certification to plaintiffs employed by T.G.I. Friday’s who allege underpayment for side work and lack of payment for overtime work in violation of the Fair Labor Standards Act (FLSA). Flood v. Carlson Restaurants Inc., No. 14-2740 (S.D.N.Y., filed April 17, 2014). The restaurant employs as many…

  • New CSPI Report Targets Sodium Levels in U.S. Chain Restaurant Foods

    Citing the role of excess dietary sodium in the development of cardiovascular disease and industry resistance to federal action mandating reductions, the Center for Science in the Public Interest (CSPI) this week issued a report claiming that the top 25 U.S. restaurant chains have failed to lower the amount of sodium in nearly 3,000 menu…

  • FDA Finalizes Calorie-Disclosure Rules for Restaurants and Vending Machines

    The U.S. Food and Drug Administration (FDA) has finalized two rules under the 2010 Patient Protection and Affordable Care Act that require chain restaurants and vending machine operators to disclose calorie information on menus or at the point of purchase. Generating more than 1,100 public comments, the federal rules aim to standardize labeling requirements “to…

  • Wolfgang’s FACTA Suit to Proceed with Amended Complaint

    A New York federal court has rejected Wolfgang’s Steakhouse and ZMF Restaurants LLC’s motion to dismiss a case alleging that the restaurant violated the Fair and Accurate Credit Transactions Act of 2003 (FACTA) by printing credit card expiration dates on receipts. Fullwood v. Wolfgang’s Steakhouse, Inc., No. 13-7174 (S.D.N.Y., order entered November 14, 2014). The court found…