Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • Federal Court Rejects Claims That McDonald’s Food Packaging Harms the Environment

    A federal court in Illinois has reportedly dismissed on standing grounds the pro se claims of an individual plaintiff who alleged that the food packaging materials used by McDonald’s Corp., when discarded by consumers, pose a threat to the environment. Gencarelli v. McDonald’s Corp., No. 11-5573 (N.D. Ill., decided August 19, 2011). The plaintiff filed his…

  • JAMA Study Examines Accuracy of Restaurant Calorie Counts

    A recent study claims that the calorie counts which restaurants provide for their fare is “accurate overall,” although there is “substantial inaccuracy for some individual foods, with understated energy contents for those with lower energy contents.” Lorien E. Urban, et al., “Accuracy of Stated Energy Contents of Restaurant Foods,” Journal of the American Medical Association,…

  • Minnesota Governor Vetoes “Cheeseburger Bill”

    Minnesota Governor Mark Dayton (D) has vetoed legislation (House File 264/ Senate File 160) aimed at giving fast-food chains civil immunity if consumers gain weight after consuming their products. “Unfortunately, this bill provides to companies that manufacture, distribute, or sell food and nonalcoholic beverages civil immunity, except for: ‘any other material violation of federal or…

  • Olive Garden Settles “Never-Ending” Trademark Dispute

    A federal judge in Florida has reportedly granted a motion for permanent injunction in a trademark infringement case involving two “never-ending” restaurant promotions. According to media sources, Darden Concepts Inc., which owns Olive Garden and Red Lobster, filed an October 2010 complaint alleging that a TGI Friday Inc. franchisee with outlets in seven states had…

  • McDonald’s Declines to Retire Iconic Clown

    McDonald’s Corp. investors have reportedly rejected a shareholder proposal that asked the company to prepare a report assessing the role of fast food in “childhood obesity, diet-related diseases and other impacts on children’s health.” Led by the Sisters of St. Francis of Philadelphia, which apparently owns $2,000 in company stock, the proposal coordinated with an…

  • Waffle House Worker Claims Owner Falsely Reported That Minimum Wage Was Paid

    A former employee of an Olathe, Kansas, waffle venue has brought a collective action against his employer alleging that it reported inaccurate tip earnings so that it would appear that his total earnings were compliant with the federal minimum wage. Spears v. Mid America Waffle House, Inc., No. 11-2273 (D. Kan., filed May 2010). Jared…

  • Trademark Rights to “Heart Attack” Designation on Food Menus Contested

    A New York City deli has filed a lawsuit in federal court seeking a declaration that it has not infringed the trademark of an Arizona-based restaurant by selling an “Instant Heart Attack Sandwich” and planning to sell a “Triple Bypass Sandwich.” Lebewohl v. Heart Attack Grill LLC, No. 11-3153 (S.D.N.Y., filed May 10, 2011). According…

  • Taco Bell Appeals Insurance Coverage Case to Ninth Circuit

    Taco Bell has requested that the Ninth Circuit Court of Appeals review a district court determination that three insurance companies are not required to provide coverage under commercial liability policies for economic loss allegedly arising from decreased patronage in the wake of a 2006 E. coli outbreak. Nat’l Union Fire Ins. Co. of Pittsburgh, PA v.…