Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • Calorie-Labeling Rule Begins in Massachusetts by November 2010

    Massachusetts has adopted tough rules requiring chain restaurants with at least 20 outlets in the state to prominently display calorie information on big boards dangling from ceilings, on printed menus and at drive-through windows. The rule, unanimously adopted by the Massachusetts Public Health Council, will take effect November 1, 2010, and reportedly affects about 50…

  • Healthy Menu Class Claims Filed in Texas Voluntarily Dismissed with Prejudice

    The named plaintiff who brought a putative class action for false advertising of healthy menu items against a company that operates chain restaurants across the United States has reportedly agreed to dismiss with prejudice the claims she filed in a federal court in Texas. Paskett v. Brinker Int’l Inc., No. 08-942 (N.D. Tex., dismissed April…

  • MDL Court Refuses to Certify Class in McDonald’s French Fry Litigation

    A federal court in Illinois, presiding over consolidated multidistrict litigation claims against McDonald’s Corp. for allegedly advertising its French fries as gluten-, wheat- and dairy-free while actually using small amounts of hydrolyzed wheat bran and casein in them, has denied plaintiffs’ motion for class certification. In re McDonald’s French Fries Litig., MDL No. 1784 (N.D. Ill.,…

  • Fair Credit Transactions Litigation Can Proceed

    The Eleventh Circuit Court of Appeals has turned aside a constitutional challenge to the statutory damages provisions of the Fair and Accurate Credit Transactions Act in litigation against a food establishment that allegedly printed more than the last five digits of a customer’s credit card number on an electronically generated receipt. Harris v. Mexican Specialty Foods,…

  • Fast Food Company Sues Packaging Supplier for Flaming Chicken Containers

    KFC U.S. Properties, Inc. has filed a lawsuit in federal court against the company that allegedly supplied defective food containers for the sale of Popcorn Chicken® to KFC customers; the containers apparently burst into flames when the product is reheated in a microwave. KFC U.S. Props., Inc. v. Paris Packaging, Inc., No. 09-00249 (W.D. Ky., filed…

  • Participatory Online News Source Blog Reports Preemption Movement Afoot

    According to NowPublic.com, a self-proclaimed participatory online news network, the food industry, facing legislative initiatives that would require posting calorie and other nutritional information on restaurant menu boards, is fighting back with state-level preemption laws. Ohio recently approved legislation (H.B. 217) giving the state’s Director of Agriculture the sole authority to regulate how and whether food…

  • Philadelphia Adopts Tough Menu Labeling Measures

    The Philadelphia City Council this week adopted menu labeling laws that will require chain restaurants with more than 15 outlets to provide extensive nutritional information on printed menus and to list calories on menu boards. Starting January 1, 2010, national and local chains must disclose calories, saturated and trans fats, sodium, and carbohydrates on printed…

  • Food Poisoning Verdict Reinstated in California

    A California appeals court has determined that a misreading of prior case law led a trial court judge to erroneously overturn a jury verdict in favor of a plaintiff who alleged that she was made ill from exposure to campylobacter at defendant’s restaurant. Sarti v. Salt Creek Ltd., No. G037818 (Cal. Ct. App., 4th App.…