A Brazilian appeals court has reportedly affirmed a lower court’s order to AmBev S/A to pay a former employee about $14,800 for moral damages related to his job as a beer taster, which he alleged led to his alcoholism. AmBev argued that it was not liable because the employee’s beer-tasting activities were voluntary. The court disagreed, finding that employers have a duty to avoid exposing their employees to the “inherent risks of the job activities,” even if voluntary. AmBev failed to demonstrate the proper care toward the plaintiff’s health, the court held, because it did not monitor his health throughout his employment as a beer taster, it did not train him on the symptoms of alcoholism or other related conditions, and it told him that if he was declared addicted he would need to seek treatment himself. See Superior Council of Labor Justice (Conselho Superior da Justiça do Trabalho), November 28,…
Category Archives Other Global
A Chilean appellate court has ruled that the nation’s National Fisheries and Agricultural Services must issue its data about antibiotics in Chilean salmon, which revealed that 50 salmon firms jointly used 450.7 metric tons of antibiotics in 2013. Chile’s Council for Transparency previously refused to release the information to conservation organization Oceana, arguing that the disaggregated data could be used against individual companies. The court disagreed, reportedly ruling, “The reasons given by the claimed party to refuse the requested information are not consistent with what establish the applicable regulations.” The report comes months after Costco Wholesale Corp. announced it would reduce the proportion of its salmon stock from 90 percent Chilean salmon to 40 percent in favor of salmon from Norway, whose fish-farming companies on average use lower amounts of antibiotics. See Fish Information & Services, September 11, 2015; Undercurrent News, September 21, 2015. Issue 579
Yum! Brands Inc.’s KFC has announced on its Chinese-language website that it has filed lawsuits against three Chinese media companies for allegedly spreading rumors that the company has bred its chickens to have eight legs and six wings. The complaint, filed in Shanghai Xuhui District People’s Court, reportedly alleges that the media companies disseminated false information on social media about KFC’s food quality, including digitally altered photos of deformed chickens and rumors of maggots in a delivery order. KFC has more than 4,600 restaurants in China, accounting for about one-half of its revenue. The company reportedly alleges that 4,000 defamatory messages were viewed more than 100,000 times and seeks 1.5 million yuan, or about US$242,000, from each media company as well as an apology. See The Wall Street Journal and Reuters, June 1, 2015. Issue 567
Costa Rica’s Constitutional Chamber of the Supreme Court has reportedly struck down the country’s approval process for projects using genetically modified organisms (GMOs), finding it violates the constitutional rights to a healthy environment and—because of the confidentiality of the process— freedom of information. Environmental groups challenged the process in late 2012, and the Ombudsman’s Office represented their views in court, arguing that the GMO approval process prevented Costa Ricans from accessing information that could potentially affect their health and well-being. The ruling affects the Fitosanitary Law, but it does not ban GMOs or affect GMO projects that have already been approved. See Tico Times, September 11 and 16, 2014. Issue 538
The Russian consumer protection agency, Rospotrebnadzor, has reportedly announced that it filed a claim alleging that McDonald’s has misrepresented the nutritional information of several hamburger and ice cream menu items and that two restaurant locations showed traces of E. coli contamination in their salads and Caesar wraps. Although Rospotrebnadzor said it filed a lawsuit on July 3, 2014, a McDonald’s representative told the media in late July 2014 that the company had not received either an official complaint from the court or a notice from the agency. The complaint allegedly accuses McDonald’s of listing nutritional information that indicated its hamburgers and milkshakes had about one-half or one-third of the actual calorie, fat, protein, and carbohydrate counts. According to The New York Times, Russia has targeted food imports during geopolitical tension before, banning cheese and wines from post-Soviet neighbors during times of disagreement with those countries. Following Russia’s annexation of the Crimean…
According to a news source, the Russian Supreme Court has denied a challenge filed by environmental groups to government Decree No. 839, which will allow the registration of genetically modified (GM) crops and products containing GM ingredients beginning July 1, 2014. Prime Minister Dmitry Medvedev signed the decree in late September 2013, and the groups filed their court challenge in December. They also wrote to President Vladimir Putin, asking for him to prohibit the cultivation of GM crops in the country. The Russian Supreme Court press service reportedly indicated that under the Code of Civil Procedure government actions “can only be contested if they are in effect and . . . give some rights and duties to citizens and legal entities at the time they are contested.” National Association of Genetic Safety Director Yelena Sharoikina reportedly said, “It turns out that the Supreme Court suggests that we should wait for…
Mafrash Attias has reportedly filed a putative class action against McDonald Israel alleging that the company cheats consumers by putting less ice cream into its ice cream cups. According to the complaint, Attias found that the contents of two sizes of the company’s “Ice Blast” product, with an NIS 2 shekel price (US 50 cents) difference, are nearly always barely distinguishable in weight or volume. He has also apparently alleged that the large size sometimes holds less ice cream than the less expensive smaller alternative and that the McDonald’s marketing pitch is to encourage customers to “size-up” for “only” 2 additional shekels. The named plaintiff reportedly submitted samples from several McDonald’s stores to the independent, Jerusalem-based Forensic Science Institute for testing. According to a news source, its report is attached to the complaint. The plaintiff seeks NIS 24.5 million (about US $7 million). See Jewish Business News, December 9, 2013…
According to a news source, the Turkish Competition Authority has concluded a 15-month investigation and imposed a fine of 17.9 million Turkish Liras (US $8.6 million) on Frito-Lay, finding that it engaged in practices to ensure that it was the only salty snack brand available for sale in retail shops. While the initial decision and fine have apparently been issued to the company, a more detailed “reasoned decision” will be forthcoming. The company, which contends that it “has strong policies in place to achieve compliance with the laws and regulations everywhere we do business,” will reportedly have the right to file an appeal. See BakeryandSnacks.com, September 6, 2013.
In the first investigation subject to a pilot program, the International Trade Commission (ITC) has agreed with an administrative law judge (ALJ) that a company alleging infringement of its patents for laminated packaging by the importers of liquor, wine, toys, electronics, and cosmetics failed to show that it had a domestic industry that would be harmed by the alleged infringement. In re Certain Prods. Having Laminated Packaging, & Components Thereof, No. 337-TA-874 (ITC, decided August 6, 2013). Several alleged infringers, including Camus Wine & Spirits Group of Cognac, France, were terminated from the investigation before it was resolved on the basis of settlement agreements with claimant Lamina Packaging Innovations, Inc. of Longview, Texas. ITC has the authority to bar imports of products deemed harmful to a domestic industry and announced earlier this year that it would test expedited procedures in cases alleging unfair practices in import trade. Under the program, ITC…
A federal court in Australia has determined that processors advertising their chickens as “free to roam” on packaging and in advertisements and publications were liable to mislead the public as to the nature and characteristics of the product. Australian Competition & Consumer Comm’n v. Turi Foods Pty. Ltd., (No. 4) [2013] FCA 665 (Fed. Ct. of Austl., decided July 8, 2013). The court’s opinion details the efforts undertaken to determine stocking densities at various stages of a chicken’s development and includes the results of site visits by the court, support staff and the parties’ legal representatives. At certain times in their development, according to the court, thousands of chickens live in such close proximity in the sheds that “very little, if any, of the floor surface could be seen.” Thus, the court ruled that the “impugned statements . . . were apt to mislead and deceive and were false insofar…
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