Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • EEOC Charges Burger King with Religious Discrimination

    The Equal Employment Opportunity Commission (EEOC) has filed a Title VII civil rights action against a Burger King restaurant claiming that it failed to accommodate the religious beliefs of a Pentecostal Christian woman who sought to wear skirts or dresses to work instead of uniform pants. EEOC v. Fries Rest. Mgmt., LLC, No. 12-3169 (N.D. Tex.,…

  • Non-Natural Meat Claims Against Chipotle Survive Motion to Dismiss

    A federal court in California has denied Chipotle Mexican Grill’s motion to dismiss putative class claims alleging that the company fraudulently represents that it uses only naturally raised meat in its menu items. Hernandez v. Chipotle Mexican Grill, Inc., No. 12-5543 (C.D. Cal., order entered August 23, 2012). According to the court, “Plaintiff need not…

  • PCRM Failed to Investigate Grilled Chicken Claims, Court Dismisses Prop. 65 Warning Suits

    A California court has reportedly dismissed claims filed by the Physicians Committee for Responsible Medicine (PCRM) against fast-food chains, finding that the group failed to investigate its allegations before suing under Proposition 65 (Prop. 65). PCRM v. McDonald’s Corp., No. BC383722; PCRM v. KFC Corp., No. BC457193 (Cal. Super. Ct., Los Angeles Cty., decided August…

  • Tenth Circuit Limits E. Coli Insurance Coverage

    The Tenth Circuit Court of Appeals has determined that a 2008 E. coli outbreak involving food prepared and served at a restaurant and a catered event constituted a single occurrence under the relevant insurance policies, thus reversing a magistrate judge’s conclusion that there were two occurrences and application of the policies’ aggregate limits rather than…

  • Chilean Senator Seeks to Enforce Fast-Food Toy Ban

    Chilean Senator Guido Girardi has reportedly filed a formal complaint with the country’s Ministry of Health, alleging that fast-food companies have violated a new ban on using toys and other giveaways to market children’s meals. According to media sources, the complaint claims that several fast-food restaurants have flouted the law, along with other food manufacturers…

  • House Bill Would Amend New Menu Nutrition Disclosure Requirements

    Representative John Carter (R-Texas) has introduced a bill (H.R. 6174) that would change the nutrition disclosure requirements for chain restaurants and other food outlets enacted in the Affordable Care Act that was recently upheld as constitutional by the U.S. Supreme Court. Under the proposal, (i) delivery and take-out restaurants would be able to post calorie…

  • Study Allegedly Supports NYC Trans Fat Ban

    A recent study has reportedly concluded that a New York City regulation restricting the use of partially hydrogenated vegetable oil by all food service establishments “was associated with a substantial and statistically significant decrease in the trans fat content of purchases at fast-food chains, without a commensurate increase in saturated fat.” Sonia Angell, et al.,…

  • Trade Groups Challenge DOL’s New Tip Pool Rule for Restaurant Employees

    Restaurant trade organizations, an Oregon restaurant and one of its employees, a server, have filed a complaint for declaratory and injunctive relief against the U.S. Department of Labor (DOL), alleging that its interpretation of the Fair Labor Standards Act, forbidding restaurants from distributing a share of tips to non-tipped employees, regardless of whether the restaurants…