Tag: Tennessee
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Mislabeled Pizza Suit Can Proceed Against Whole Foods
A Tennessee federal court has ruled that a personal-injury lawsuit against Whole Foods Market can proceed because the plaintiffs did not plead that they were “practicing vegans” and therefore could not be expected to know that a vegan pizza product might contain nuts. Jones v. WFM-WO, No. 17-0749 (M.D. Tenn., order entered July 17, 2017).…
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Whiskey-Labeling Exemption Is Unconstitutional, Says Tennessee AG
The Tennessee Office of the Attorney General has released an opinion finding that a state law requiring products labeled as “Tennessee Whiskey” or similar designations to be filtered through charcoal unconstitutionally exempts Prichard’s Distillery because the statute includes a grandfather clause created to apply only to the distillery. The 2013 law codified the “Lincoln County Process”…
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Sazerac Sued for “Double Barreled” Trademark Infringement
Prichard’s Distillery Inc., maker of Benjamin Prichard’s Double Barreled Bourbon, has filed a lawsuit against Sazerac Co. alleging that the liquor manufacturer has violated its trademark in “double barreled” by selling A. Smith Bowman Limited Edition Double Barrel Bourbon Whiskey and Buffalo Trace Experimental Collection Double Barreled, a bourbon. Prichard’s Distillery Inc. v. Sazerac Co., No.…
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Tennessee Whiskey Maker Challenges Storage Law
Diageo Americas Supply, Inc. has filed a declaratory judgment action against the Tennessee Alcoholic Beverage Commission director challenging the constitutionality of a 1937 law that requires licensed alcohol beverage makers in the state to store their products “only within the county authorizing the operation or in a county adjacent to the county authorizing the manufacturing…
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Jack Daniel’s Brings Trademark Infringement Lawsuit Against Whiskey Maker
According to a news source, Jack Daniel’s Properties, Inc. has filed a trademark infringement action against the companies that produce and sell Popcorn Sutton’s® Tennessee white whiskey. Jack Daniels Props., Inc. v. J&M Concepts, LLC, No. 13-1156 (M.D. Tenn., filed October 18, 2013). The whiskey is apparently named after an Appalachian moonshiner who killed himself…
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5-Hour Energy Drink Makers Seek Trade Secret Protection in Tennessee
The companies that make 5-Hour Energy have reportedly expanded a quest to keep their recipe from disclosure by seeking the application of a Tennessee law protecting trade secrets to requests made by the Tennessee Department of Commerce and Insurance and state attorney general for all of the product’s ingredients and their amounts. Information about the…
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Court Dismisses Remaining Claims in Milk Antitrust Litigation
A federal court in Tennessee has dismissed the two remaining claims in antitrust litigation filed by certain retail processed milk sellers against Dean Foods Co. and the Dairy Farmers of America, Inc. In re: Se. Milk Antitrust Litig., No. 08-1000 (E.D. Tenn., decided March 27, 2012) (ruling applies to Food Lion, LLC v. Dean Foods…
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Citing Insects and Rodent Filth, FDA Seeks to Shutter Food Warehouses
The Food and Drug Administration (FDA) has filed a complaint for permanent injunction against Tennessee-based companies that process food products and ingredients, such as spices, spice blends, herbs, and sauces, claiming they have repeatedly violated the law by selling adulterated foods. United States v. Am. Mercantile Corp., No. 11-02371 (W.D. Tenn., filed May 11, 2011).…