Tag: s’

A “Vibe” is Not Enough: Ben & Jerry’s “All Natural” Case Loses Class Certification

You’ll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn’t connected by any chance with the letters of transit. It seems as long as I have those letters, I’ll never be lonely." That’s sort of how I feel about "all natural" product labeling litigation. So … Continue Reading

Joe Canada!

When innovation meets the law, the results are often surprising.  We in Seattle are confronting this as ride services like Lyft compete with a regulated taxi industry. Now consider Pirate Joe’s, a business located in the upscale Kitsilano neighborhood of Vancouver, B.C..  I will let them describe their business model in their own words: Pirate … Continue Reading

Accident in Search of a Cause of Action: the Alaska Supreme Court Strikes Out

The Alaska Supreme Court has come down with a decision that appears to place any owner of premises, such as the fast-food restaurant in the case, at risk for any dumb thing a motorist who might claim to be patronizing the premises does on the way to the premises, even if illegal. The plaintiff need not be someone patronizing the restaurant, but just passing by on the way to other things. This is a bad decision, with a good dissent that shows why.… Continue Reading

How the Food Safety Modernization Act Changes the Status Quo

Yesterday (while taking a break from the Sustainable Food Summit in San Francisco), I traveled to Modesto, California to speak to the Manufacturer’s Council of the Central Valley. I spoke about the new Food Safety Modernization Act (FSMA). The focus of my talk was how the FSMA changes the status quo for food businesses. And … Continue Reading

Court’s Decision on CR 12(b)(6) Motion In Zupnik: FFDCA Preemption Under Further Attack and Twombly Ignored

We previously cited the motion to dismiss in Zupnik, et al. v. Tropicana Products, Inc. as an example of good pleading practice in a putative consumer fraud class case. United States District Judge Dale S. Fischer apparently disagreed with our assessment, this week issuing an order denying the motion. Tropicana’s lead argument was a failure of … Continue Reading

FDA Seeks Largest Budget Increase in Agency’s History

The Food and Drug Administration is seeking to increase its budget for Fiscal Year 2010 by nearly 20 percent more than FY 2009 – to $3.2 billion. The Washington Post reports that the increase is the largest in the agency’s history. The FDA’s spending request includes $259.3 million to be devoted to the “Protecting America’s Food … Continue Reading

Judge Denies Class Action Status in McDonald’s French Fry and Hash Brown Litigation

A lawsuit claiming that McDonald’s deceived the public about ingredients in its french fries and hash browns will not proceed as a class action. A federal judge in Chicago has denied the plaintiffs’ motion for class certification, characterizing the proposed class and subclasses as “too indefinite and overbroad.” According to the court’s opinion, the potato suppliers … Continue Reading

Ivar’s Turkey Soup Recall

Ivar Haglund was a Seattle legend.  In these parts, he was known only by his first name, the way you can refer to "Michael" when you’re discussing basketball and people know you mean Michael Jordan.  His food is at Sea-Tac Airport, Safeco Field and Qwest Field.  From 1964 until it was discontinued for this year, he sponsored … Continue Reading
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