The Learned Concierge - August 2025, Vol. 22

The Learned Concierge

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.

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Alcohol Law

French Wine Sustainability Agreement Approved: EU and U.S. Antitrust Considerations

Michael Laszlo and Declan McNulty authored an article, “French Wine Sustainability Agreement Approved: EU and U.S. Antitrust Considerations.”

On Jul. 14th, the European Commission (“Commission”) issued its first opinion regarding the compatibility of a sustainability agreement with competition rules for the agricultural sector. The Commission’s opinion is a milestone in the intersection of sustainability objectives and competition law in the European Union (“EU”). Through the opinion, the Commission approved a French wine sector agreement that establishes indicative pricing for organic and Haute Valeur Environnementale (“HVE”) wines, a French certification system for farms and vineyards that demonstrates a high level of commitment to environmental protection. The Commission’s landmark opinion provides guidance on how agricultural producers can collaborate on sustainability initiatives through a specific exemption to EU competition law requirements, yet it raises important considerations regarding antitrust compliance for other sectors and other jurisdictions.

Alcohol in the 2025-2030 Dietary Guidelines: The Rumors

I have no inside information about what the new Dietary Guidelines will say beyond what I’ve read and what RFK Jr has said: They will be coming out soon and will be short and to the point.

But according to Twitter (X), the source of much leaked information, the new administration, “plans to introduce partial bans on alcohol advertising, to bring it ‘closer in line with advertising of unhealthy food.” Click here to read more.

Ireland Delays Alcohol Warning Labels Until 2028

The European wine industry has welcomed Ireland’s decision to postpone the implementation of its alcohol labelling regulation until 2028. The measure, originally scheduled for May 2026, would have required explicit warnings on every alcoholic product sold in Ireland, including statements linking alcohol to liver disease and fatal cancers, a pregnancy warning symbol, calorie, and alcohol content, all printed in bright red font. Click here to read more.

Cybersecurity & Privacy

The Monthly Rundown of All Things Cyber, Privacy, and Technology

Click here to read the Right to Know – July 2025, Volume 31.

Democratic Congressional Leaders Seek Details about Consumer Data Privacy In Connection with Sale of 23andMe

Twenty-two (22) Democratic members of Congress sent letters to the two potential buyers of 23andMe, demanding details about their purchase and protections for consumer data privacy should they acquire the genetic data company. The letters were sent to Regeneron Pharmaceuticals and TTAM Research Institute after they announced bids to purchase 23andMe Holding Co. after it entered Chapter 11 bankruptcy. The sale of the company and the genetic data of 15 million consumers raises key questions about consumer privacy, as the company’s data is potentially acquired by purchasers. The Congressional inquiry focused chiefly on whether the potential purchasers planned to continue to allow consumers to delete their data and withdraw consent for their data to be used in medical research. They also questioned whether the 23andMe policy of not sharing data with law enforcement without a warrant would continue. 23andMe’s bankruptcy and the storage of sensitive and valuable consumer genetic data raised significant concerns given the extreme sensitivity and privacy of the data at issue. The entire matter raises key questions for businesses collecting sensitive consumer data as to what happens to that data if the business or its assets are later sold and what responsibilities those businesses have to the consumers who provided that information after the business ceases to exist. In addition to the questions from Congress, more than two dozen states and the District of Columbia have filed suits blocking the sale of 23andMe’s genetic data without consumer knowledge or consent.

Recent Investigation Found Law Enforcement Eager to Use Automobile Surveillance Data

A recent investigation by WIRED magazine found that law enforcement agencies are increasingly training their officers to use information associated with “connected cars” (i.e., cars with subscription-based features that drastically increase the amount of data that can be accessed during an investigation). While law enforcement use of this information is increasing at a rapid pace, public knowledge of the information being collected, and its possible uses, falls far behind that of law enforcement. The investigation also found that ISP and car manufacturer policies were the current major limiters of what information could be collected, as opposed to the law. Depending on the ISP used by the particular car’s driver, different information may be available and may be obtainable with or without a warrant. Similarly, car manufacturers had differing policies that determined what information was available and whether a warrant was necessary to obtain. The law enforcement practices raised questions about what information should be considered public and available to law enforcement without a warrant and what information should be considered private and require a warrant for production. And while that determination is largely driven by corporate policy at this point—that situation may not have the best interests of the consuming public and its privacy at its core.“

Trump Administration Releases AI Action Plan

Richard Halm and Peter Berk authored an article, “Trump Administration Releases AI Action Plan.”

On Jul. 23rd, The Trump administration released its “AI Action Plan,” which urges America to win the “race to achieve global dominance in artificial intelligence (AI).” According to the plan, winning this race will trigger “an industrial revolution, an information revolution and a renaissance – all at once.” To succeed and meet these objectives, the plan outlines three main “Pillars”: (1) accelerating innovation, (2) building infrastructure, and (3) enhancing international diplomacy and security. Below, we highlight the most impactful initiatives proposed within each pillar.

Food & Beverage

IDFA Announces Removal of Artificial Food Dyes

During a ceremony at the U.S. Department of Agriculture headquarters in Washington, D.C., the International Dairy Foods Association (IDFA) announced a voluntary commitment to remove all certified artificial food dyes from ice cream and frozen dairy products by 2028. The dyes set to be eliminated include Red 3, Red 40, Green 3, Blue 1, Blue 2, Yellow 5, and Yellow 6. Click here to read more.

IFPA Proposes Key Health Policy Changes to MAHA

The International Fresh Produce Association (IFPA) has submitted updated policy recommendations to the Make America Healthy Again (MAHA) Commission, focusing on strategies to tackle diet-related diseases and improve public health in the U.S. These proposals build on earlier recommendations made this year, aiming to prioritize fruit and vegetable consumption as a cornerstone of national health policy. Click here to read more.

Food Labeling

New Research Shows Strong Consumer Preference for the Facts Up Front Label on Food and Beverage Products

New consumer research released today by the Consumer Brands Association reveals overwhelming awareness, usage, and trust of the Facts up Front (FUF) label found on many food and beverage packages, with 90% of U.S. adults recognizing the label and a majority reporting they use it to inform purchasing decisions. Click here to read more.

FTC Intensifies Crackdown on Deceptive “Made in USA” Claims

The Federal Trade Commission (FTC) has declared July 2025 as “Made in the USA” Month, signaling a renewed focus on enforcing accurate labeling. 

On Jul. 8th, the FTC issued warning letters to four companies, urging compliance with its 2021 Made in USA Labeling Rule, which mandates that products labeled as American-made must be “all or virtually all” produced in the U.S. Click here to read more.

State Level “MAHA” Movement: New Texas and Louisiana Laws

Over the past month, Texas and Louisiana both enacted first-in-the-nation legislation that created specific labeling requirements for food products that contain certain ingredients. For both of these proposals, the food labeling provision was but one of a broad set of policies aimed at making Texas and Louisiana “healthy again.” This article will discuss the specifics of the bills enacted and highlight the potential impacts they will have on the American food system. To read the bills, click here and here.

Click here to read more.

High Noon Says Some Vodka Seltzers Were Mislabeled as Celsius Energy Drinks, Issues Recall

Two production lots of High Noon hard seltzers were recalled Wednesday after the company found some of the packs contained cans mislabeled as Celsius energy drinks, which still contained High Noon vodka seltzer alcohol. Click here to read more.

Government Contracts

What the SBA’s 8(a) Program Audit Means for Small Businesses

Bret Wacker, Ronald Sullivan, and Chris White authored an article, “What the SBA’s 8(a) Program Audit Means for Small Businesses.”

SBA Administrator Kelly Loeffler recently announced a comprehensive audit of the 8(a) Business Development (BD) program. While the full scope and implications are still unfolding, participants, applicants, and/or contracting partners must understand why this review is important and what it could mean for your business, whether you are currently an 8(a) participant, considering applying, or engaging with 8(a) firms.

Intellectual Property

9^th Circuit Panel Upholds Geographical Limitation on Trademark Infringement Damages as to U.S.-Made Products Marketed and Sold Exclusively Offshore

Gerald Schneeweis authored an article, “9^th Circuit Panel Upholds Geographical Limitation on Trademark Infringement Damages as to U.S.-Made Products Marketed and Sold Exclusively Offshore.”

The Lanham Act is a collection of federal statutes that allows trademark owners the right to sue and recover damages from those who infringe their trademark by marketing and selling similar products under a brand name that creates a “likelihood of confusion” in the minds of consumers. However, the right to collect damages from an infringer is limited by geography and the sovereign rule of other nations.

In modern-day commercial markets, goods are routinely manufactured and transported within one country and ultimately sold in others. So, what happens when a company manufactures and transports products in the U.S. that allegedly infringe another U.S. company’s trademark, but then markets and sells the products exclusively outside the U.S.?

International Trade

President Trump Announces Sweeping New Tariff Rates on Key Trading Partners

Mark Ludwikowski, Kevin Williams, Aristeo Lopez, and Kelsey Christensen authored an article, “President Trump Announces Sweeping New Tariff Rates on Key Trading Partners.”

On Jul. 7th, President Donald J. Trump signed an executive order extending the current pause on reciprocal tariffs through Aug. 1, postponing implementation of country-specific reciprocal rates until that time. The pause on country-specific reciprocal tariffs nonetheless leaves in effect a universal 10% reciprocal tariff rate.

On July 9, President Trump issued a second round of reciprocal tariff letters to an additional seven countries: Sri Lanka, the Philippines, Brunei, Moldova, Algeria, Iraq, Libya, and Brazil (collectively, part of the “named countries”). Like the July 7 letters, these communications cite persistent trade deficits and long-standing tariff and non-tariff barriers. On Aug. 1st, they notify each country of revised reciprocal tariff rates that will take effect.

New Tariff Rates: Starting Aug. 1st, based on the July 7 and July 9 letters, the U.S. will impose new reciprocal tariffs ranging from 25% to 40% on all products from the named countries, in addition to any existing sector-specific tariffs.

Litigation

Eighth Circuit Blocks Click-to-Cancel Rule

Lindsay Sherwood Fouse-Hopkins authored an article, “Eighth Circuit Blocks Click-to-Cancel Rule.”

On July 8, the U.S. Court of Appeals for the Eighth Circuit blocked the “click-to-cancel” rule, which would have required companies to make it as easy to cancel subscriptions as it was to sign up, including obtaining consent for auto-renewals and free trials, resulting in paid memberships. The court concluded that the FTC erred by failing to make a preliminary regulatory analysis of the costs and benefits of the rule, an analysis that is required for any rule that impacts the U.S. economy by more than $100 million.

Industry Trends

eGrowcery and Red Pepper Digital Announce Partnership to Deepen Retail Customer Engagement

eGrowcery, developer of the leading retail food industry white-label, Unified Commerce platform, and Red Pepper, a pioneer in interactive digital experiences, announced a partnership aimed at greatly improving how retailers attract, engage, and retain customers through advanced digital platforms. The companies are collaborating to deliver the next generation of shopper engagement across digital channels. Click here to read more.

This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.