Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • Federal Court Holds Noodles & Co. Has No Independent Duty of Care to Card Issuers For Data Breach

    A federal court has dismissed with prejudice a data-breach suit filed by a group of credit unions against Noodles & Co., holding that the restaurant had no independent duty of care to the unions distinct from its contractual agreements with MasterCard and Visa. SELCO Cmty. Credit Union v. Noodles & Co., No. 16-2247 (D. Colo.,…

  • Another Outbreak Prompts Norovirus Lawsuits Against Chipotle

    Two consumers have filed lawsuits alleging they contracted norovirus after eating at one of Chipotle Mexican Grill’s locations. Hogan v. Chipotle Mexican Grill, No. 109599 (Va. Cir. Ct., Loudoun Cty., filed July 26, 2017); Moore v. Chipotle Mexican Grill, No. 109660 (Va. Cir. Ct., Loudoun Cty., filed July 26, 2017). Both complaints allege negligence and…

  • KFC Franchisee Claims Company Never Disclosed Policy Barring Halal-Chicken Marketing

    A KFC Corp. franchisee that sells halal chicken has filed a lawsuit against the company, alleging the franchise agreements did not disclose a purported company policy preventing franchisees from making religious claims about their food. Lokhandwala v. KFC Corp., No. 17-5394 (N.D. Ill., filed July 24, 2017). The plaintiff, who owns and operates eight franchises, began…

  • Putative Class Action Challenges Blueberry and Maple Flavorings

    A California consumer has filed a putative class action against Dunkin’ Brands Group alleging that Dunkin’ Donuts deceived customers into believing its blueberry and maple products contained “real” blueberries and maple syrup or sugar instead of artificial flavorings. Babaian v. Dunkin’ Brands Grp., No. 17-4890 (C.D. Cal., filed July 3, 2017). The plaintiff contends that…

  • Dunkin’s Steak Sandwiches Are Not Steak, Plaintiff Alleges

    A New York plaintiff has filed a proposed class action against Dunkin’ Brands alleging the chain’s “Angus Steak” breakfast sandwiches contain beef patties rather than Angus steak. Chen v. Dunkin’ Brands, No. 17-3808 (E.D.N.Y., filed June 25, 2017). The complaint alleges that the restaurant’s “Angus Steak and Egg Sandwich” and “Angus Steak and Egg Snack…

  • Data Breach Class Action Filed Against Chipotle

    A consumer has filed a putative class action alleging Chipotle Mexican Grill, Inc. failed to take measures to prevent an April 2017 data breach in which hackers used malware to steal customer data from the magnetic stripes on payment cards. Baker v. Chipotle Mexican Grill, Inc., No. 17­-1134 (C.D. Cal., filed June 9, 2017). The…

  • Advocacy Groups Sue FDA for Menu Info Delay

    The Center for Science in the Public Interest (CSPI) and National Consumers League have filed a lawsuit alleging the U.S. Food and Drug Administration’s (FDA’s) decision to delay implementation of rules requiring chain restaurants and food sellers to display nutritional information violated the Administrative Procedure Act. Ctr. for Sci. in the Pub. Interest v. Price, No. 17­-1085 (D.D.C., filed…

  • Cracker Barrel ADA Class Action Settlement Gets Preliminary Approval

    A federal court has given preliminary approval to a class action settlement in which Cracker Barrel restaurants will develop a disability-­access compliance policy for parking facilities at its locations. Heinzl v. Cracker Barrel Old Country Store, No. 14-­1455 (W.D. Pa., order entered May 15, 2017). The settlement agreement requires Cracker Barrel to develop a survey…