Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • Subway Announces Intent to Sue Broadcast Network Over Chicken Story

    Subway has issued a notice of action in Canada against the Canadian Broadcasting Corporation (CBC) following a February broadcast of the network’s “Marketplace” program that claimed DNA testing of the chain’s sandwiches showed its chicken was half processed soy. The sandwich chain is reportedly asking for $210 million in damages for defamation. According to the…

  • Federal Court Dismisses Part of Wendy’s Data Breach Putative Class Action

    A Florida federal court has dismissed part of a data breach complaint against Wendy’s, calling two of the claims “shotgun pleadings” and noting that the plaintiffs “misconstrue the basic legal principles of statutory law.” Torres v. Wendy’s Int’l, LLC, No. 16-­0210 (M.D. Fla., order entered March 21, 2017). Additional details on the case appear in…

  • Putative Class Action Filed After DNA Test Reportedly Finds Subway Chicken Sandwiches Are Half­-Soy

    A Connecticut plaintiff filed a projected class action against Subway after DNA testing of the chain’s chicken sandwiches allegedly showed the meat was only 42 to 53 percent chicken and the remainder was processed soy. Moskowitz v. Doctor’s Associates Inc., No. 17­-0387 (D. Conn., filed March 1, 2017). Researchers affiliated with the Canadian Broadcasting Company’s…

  • Shareholder Suit Against Chipotle Over Foodborne Illnesses Dismissed by New York Court

    A New York federal court has dismissed a putative class action against Chipotle Mexican Grill Inc. alleging the burrito chain violated the Securities and Exchange Act of 1934 by making material misrepresentations about the company’s response to food-borne illnesses linked to its stores. Ong v. Chipotle Mexican Grill, Inc., No. 16­0141 (S.D.N.Y., order entered March…

  • RAND Study Targets Caloric Content of Kids’ Menu Items

    The RAND Corp. has published a study claiming that “most kids’ menu items offered by the nation’s top 200 restaurant chains exceed the calorie counts recommended by nutrition experts,” according to a December 5, 2016, press release. Relying on the recommendations of 15 child nutrition experts—including Public Health Institute Advisor Lynn Silver and Rudd Center…

  • Chipotle Customers Argue Chorizo Poster Misrepresented Calorie Count

    Three consumers have filed a lawsuit against Chipotle Mexican Grill, Inc. alleging the company misrepresents the calorie counts of its food in store menus, boards and advertising. Desmond v. Chipotle Mexican Grill, Inc., No. BC640700 (Cal. Super. Ct., Los Angeles Cty., filed November 15, 2016). The complaint asserts that the defendants each relied upon a…

  • Splenda® Manufacturer Files Trademark Suit Against Dunkin’ Donuts

    Heartland Consumer Products, producer of sucralose-based sweetener Splenda®, has filed a lawsuit against Dunkin’ Brands, Inc. and its franchisees alleging the restaurant chain misleads its customers into believing it carries Splenda® while providing a different sweetener made in China. Heartland Consumer Prods. v. Dunkin’ Brands, Inc., No. 16-3045 (S.D. Ind., Indianapolis Div., filed November 7, 2016).…

  • Chipotle Reaches Settlement in Tainted Food Litigation; Hit with New Employment Lawsuit in California

    Chipotle Mexican Grill Inc. and its customers who consumed tainted food during outbreaks of E. Coli, Salmonella and norovirus have reportedly reached a settlement agreement. Terms of the agreement were not disclosed except for one class member’s request to receive vouchers for free burritos. One case in the litigation is still pending. See The Denver…