Let’s list our premises: The Smiley Face is a common cultural symbol. People put smiley faces on cookies quite often cookies with smiley faces are common in bakeries and grocery stores. Given those premises, should someone be able to trademark “Smiley Face” as it relates to cookies? Someone did! In 1987, Eat’n Park Corporation of […]
Food Law
Boneless Chicken Wings Can Contain Bones, Says Ohio Supreme Court
Newsflash! Boneless chicken wings are not chicken wings. They are pieces of chicken breast slathered in a sauce. It’s reasonable that most consumers would know this. They would not expect “boneless chicken wings” to be actual chicken wings. It’s not possible to de-bone a chicken wing and be left with a big solid chunk of […]
Is Breyers Ice Cream Not Legally Ice Cream?
A Facebook post about Breyers Ice Cream garnered outsized attention by claiming that the ice cream made by Breyers is not required to be labeled “frozen dairy dessert” because it’s at least 50% air and therefore cannot be labeled ice cream. Is there any truth to this claim? Is Breyers not legally ice cream? The […]
Can a Restaurant Play NETFLIX Or Other Streaming Service For Customers?
Some restaurants have televisions for the enjoyment of their guests. Restaurants with bars often play sports games behind the bar. Today, it has become common for restaurants to play Netflix or other streaming programs for their customers to watch. Is this allowed as long as they have a subscription? Are they in danger of having […]
Kraft Macaroni and Cheese Lawsuit: Is it Just a Money Grab?
Raise your hand if you believe Kraft Mac and Cheese mix doesn’t contain additives, artificial flavors, or preservatives. Well, Kraft Heinz is being sued in a class action lawsuit claiming that the company lied when it said that its Kraft Macaroni and Cheese product contained “No Artificial Flavors, Preservatives, or Dyes.” What are the alleged […]
Is It Illegal To Eat Food In a Supermarket Before Paying For It?
In the midst of a largely imaginary epidemic of grocery store shoplifting, this question has begun popping up again in social media posts. Is it illegal to eat food while shopping in a supermarket before paying for it? Some people make a habit of it and routinely open beverages to drink while shopping or snack […]
Does Balance of Nature Provide Daily Serving Of Fruits and Veggies?
Balance of Nature “Fruits and Veggies” claim to provide a full complement of fruits and veggies. They are promoted as containing a blend of 16 whole fruits and 15 whole vegetables. If you take only 3 capsules each of the Fruits and Veggies, you will have consumed your full recommended dietary intake. At least, this […]
Was the McDonald’s Scalding Coffee Spill Case As Frivolous As It Seems?
I’ve spilled hot coffee on myself. I did not require hospitalization. I did not suffer permanent disfigurement. When 79-year-old Stella Liebeck of Albuquerque, in 1992, spilled a hot cup of McDonald’s coffee all over her lap, she required skin grafts, took months to recover, and suffered permanent scarring. Yet, the public was largely unaware of […]
Do Dietary Supplements Require FDA Approval Before Being Sold?
It is a common assumption that ‘they wouldn’t sell it if it weren’t safe.’ Is this a safe assumption? Do dietary supplements have to be approved by the FDA before they are sold? Do they need to have clinical trials to prove they work and are safe? Dietary supplements are not the core subject area […]
Was Ketchup Banned In French Schools?
In 2011, media outfits from the LA Times to Gawker began reporting the curious case of the French war on ketchup. In fact, Gawker chose this as the headline, “France Wages War on Ketchup.” According to these stories, France, in an effort to protect the integrity of its traditional cuisine and to combat the influence […]