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A New York federal court has dismissed allegations from a putative class action arguing that Pret A Manger Ltd. sold sandwich wraps with excess slack fill between the wrap's halves. Lau v. Pret A Manger (USA) Ltd., No. 17-5775 (S.D.N.Y., entered September 28, 2018). The court held that the plaintiffs lacked standing for an injunction despite their argument that they would consider purchasing the wraps in the future, finding "no sufficient basis for inferring that plaintiffs would ever seek to purchase a Pret wrap again as long as the status quo persists." The court also disagreed with the plaintiffs' argument that the slack fill in the wraps amounted to an intent to defraud consumers. "Specifically, plaintiffs state that less than half, or 45 percent, or Pret wraps surveyed contained slack-fill," the court noted. "Drawing all reasonable inferences in plaintiffs' favor, the Court finds that the facts are insufficient to nudge…

At the request of several stakeholders, including GMA and the California Chamber of Commerce, California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment period on its notice of intent to add bisphenol A (BPA) to the list of substances known to the state to cause reproductive toxicity. Submissions must now be filed by March 27, 2013. Inclusion on the Proposition 65 (Prop. 65) list would mean that warnings about BPA, which is used in water bottles and is present in epoxy resins used to line food cans, would have to be provided to consumers. OEHHA planned to rely on the authoritative bodies listing mechanism to add BPA to the list. In a related development, the agency has also extended the comment period for its proposal to establish a maximum allowable dose level (MADL) for BPA; submissions are requested by April 10. The proposed MADL would be…

Shook Partner Sean Wajert has authored an article on the failure of a duty-to-warn claim in a case involving a caffeinated alcoholic beverage and a fatal motorcycle accident. Titled “No Duty to Warn for ‘Nonconventional’ Alcohol Beverages,” the article appeared in the June 27, 2012, issue of Law360. Wajert discusses the court’s dismissal of such claims in Cook v. MillerCoors LLC, and explains why “the court was reluctant to make an exception to the rule” that “the dangers inherent in alcohol consumption are well-known to the public.” With “hundreds of alcohol-containing products that are not ‘conventional’ in one way or another, by taste, ingredients, color, manufacturing process, advertising . . . To shift responsibility from the person who over-consumes one of these and then drives impaired is to send the absolutely wrong policy message.” To read the article, please click here.

New Jersey Governor Jon Corzine (D) has reportedly signed a bill (S. 2905/A. 4236) that requires major restaurant chains doing business in the state to fully disclose calorie information on menu items. Franchises with more than 20 locations nationally must post calorie counts next to each item on the menu, as well as on drive-through and indoor menu boards. “One of the best ways to improve our health and well being is to deal directly with obesity and proper eating,” Corzine said. “This legislation is a clear step in that direction, as it will allow New Jerseyans to know the calorie content of the food they are eating at these establishments.” See NewJerseyNewsroom.com, January 18, 2010.

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