Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • Restaurant Toy Giveaways Face Uncertain Future in San Francisco

    The San Francisco Board of Supervisors has given preliminary approval to an ordinance (No. 101096) that would prohibit restaurants from offering toy giveaways in children’s meals deemed too high in calories, salt or fat. Approved by an 8-to-3 vote on November 2, 2010, the legislation reportedly has enough votes to override Mayor Gavin Newsom’s expected…

  • FDA Proposes Two Information Collections Related to Menu Labeling Law

    The Food and Drug Administration (FDA) has proposed two new information collections related to voluntary registration, recordkeeping and mandatory third-party disclosure under section 4205 of the Patient Protection and Affordable Care Act of 2010. Section 4205 requires chain restaurants with 20 or more locations, as well as operators of 20 or more vending machines, to…

  • Fast Food Workers Vote Against Unionizing

    Employees at 10 Minneapolis-based Jimmy John’s sandwich shops have reportedly voted against joining the Industrial Workers of the World (IWW), which has since alleged that the close election “was marred by misconduct.” According to The New York Times, “[U]nion supporters were predicting victory, noting that about 60 percent of the restaurants’ 200 workers had signed…

  • Brazilian Court Orders McDonald’s to Compensate Former Manager for Weight Gain

    According to a news source, a Brazilian judge has ordered McDonald’s Corp. to pay one of its former franchise managers US$17,500 because he gained 65 pounds over the 12 years he worked for the company. He reportedly claimed that he was required to sample all of the restaurant’s foods everyday to ensure their quality, and…

  • Pelman v. McDonald’s Corp.: No Class Certification for Obese Teens

    A judge from the U.S. Court of International Trade, sitting by designation in a New York federal district court, has determined that the obesity-related claims filed in 2002 against McDonald’s Corp. cannot be pursued as a class action. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., decided October 27, 2010). Essentially, the court found that individual…

  • Batali and Bastianich Targeted in New Restaurant Worker Lawsuit

    Twenty-seven waiters, busboys and others at New York City’s Del Posto restaurant have reportedly filed a lawsuit against owner Mario Batali and partners Joseph and Lidia Bastianich, claiming that they were not paid a legal wage. The plaintiffs allege that the restaurant’s managers pooled workers’ tips in violation of state labor laws and wrongfully withheld…

  • Olive Garden Owner Sues TGI Friday’s Franchisee for Trademark Infringement

    Darden Concepts, Inc. has filed a trademark infringement action against a TGI Friday’s franchisee located in San Diego, California, alleging that its use of “Never Ending Shrimp” to promote one of its menu offerings infringes the “Never Ending Pasta Bowl” mark that Darden has registered and used in its Olive Garden restaurants for 15 years.…

  • Burger King Franchisees Seek Declaration of Non-Liability

    A number of Burger King Corp. franchisees in California have filed a complaint for declaratory relief in federal court, claiming that the company has no basis for demanding that they pay the cost of settlement or its attorney’s fees and costs in a recently settled disability discrimination lawsuit. Newport v. Burger King Corp., No. 10-4511…