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Preemption › Retailers

Troutman Pepper Locke

Are State ENDS Directories Preempted? Federal Courts Are Split

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Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in...more

Troutman Pepper Locke

Unpacking the Illicit E-Cigarette Crackdown by State AGs

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In mid-January, a bipartisan coalition of nine state attorneys general, as well as the Washington, D.C., attorney general, announced a coordinated effort to curb illicit electronic cigarette sales. The attorneys general of...more

Faegre Drinker Biddle & Reath LLP

Preemption of Structure/Function Claims

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Seen frequently on grocery items, and especially on dietary supplements, structure/function claims describe the role of a nutrient or ingredient in the structure or function of the human body. Examples include “Calcium builds...more

Perkins Coie

Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

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Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

BCLP

Recent Cases Provide Recipe for Resolving Consumer Class Actions Through Arbitration

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Recent court decisions confirm the possibility of mandatory arbitration as a viable option for retailers frustrated with the rising costs of litigation, and the inability to recover their attorneys’ fees, for frivolous class...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Georgia Law Preempts Predictive Scheduling Ordinances

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Georgia’s Minimum Wage Law (O.C.G.A. § 34-4-1 et seq.) already prohibits local governments from requiring employers to pay employees a wage rate that exceeds what is required under state or federal law. This same law also...more

Troutman Pepper Locke

Locke Lord QuickStudy: “Certified Organic” — A Shield For Defendants Or A Sword For Plaintiffs?

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Manufacturers and retailers of organic food products should take note that the United States District Court for the Southern District of New York has held that federal law governing the certification of organic and natural...more

Carlton Fields

Food for Thought: 2014 Litigation Annual Review

Carlton Fields on

Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

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