The Learned Concierge - May 2025, Vol. 19
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
New Colorado Law Limits Grocery Stores’ Ability to Sell Hard Alcohol
Michael Laszlo authored an article, “New Colorado Law Limits Grocery Stores’ Ability to Sell Hard Alcohol.”
Colorado Senate Bill 33 was signed into law by Governor Jared Polis on April 10 after passing the legislature with sizable bipartisan support. The new Colorado law blocks the state from issuing additional liquor licenses to “liquor-licensed drugstores” (“LLDS”), which typically means grocery stores that also have pharmacies – think Safeway, Kroger, Target, Wal-Mart, etc.
TTB Extends Comment Period For ‘Alcohol Facts’ and Major Allergen Labeling Proposals for Alcohol Beverages
TTB is extending for an additional 120 days (until August 15, 2025) the comment periods for two notices of proposed rulemaking. The first proposes to require disclosure of per-serving alcohol, calorie, and nutrient content information in an “Alcohol Facts” statement on the labels of alcohol beverages subject to the authority of the Federal Alcohol Administration Act (FAA Act) (Notice No. 237), while the second proposes to require labeling of major food allergens used in the production of alcohol beverages on such labels (Notice No. 238). Click here to learn more.
Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – April 2025, Volume 28
Ransomware Impacts UK Retailer and Customers Raise Concerns
UK retailer, Marks & Spencer, was apparently impacted recently by a ransomware incident. The incident disrupted the retailers order collections and contactless payments. As is customary, Marks & Spencer provided notice and updated its security processes. Of note, customer reaction was decidedly negative, with complaints about the fact that customers could not find orders for extended periods of time without any notice from the company. The incident again highlights the growing need for retailers to pay attention to cybersecurity and data privacy concerns and that customers are becoming less patient with these incidents over time.”
NASCAR Hit by Medusa Ransomware Group
The Medusa ransomware group recently identified NASCAR as a target of its ransomware campaign. The group listed NASCAR as a victim of its ransomware and leaked over a terabyte of information including employee names, addresses, phone numbers, sponsorship agreements, invoices, detailed racetrack maps and legal documents. The group was demanding a payment of $4 Million to prevent the posting of all of the taken data. The Medusa group has been identified in connection with over 300 ransomware attacks. The size of the data taken is particularly large and troubling for any organization, but particularly for a large sports organization responsible for managing over 1500 auto races annually across different countries.
ESG & Sustainability
Redefining ‘Clean Label’: The Convergence of Health and Sustainability Trends Stoked by Politically Fueled Food Safety Concerns
How consumers define ‘clean label’ is expanding beyond ‘simple, easy-to-understand ingredients’ to include questions about the safety of some long-used ingredients and processing techniques as well as how agricultural practices influence the quality of finished products, according to industry experts. Click here to read more.
Food & Beverage
Study Explores How Food Manufacturers Respond to State Regulations
When West Virginia recently banned seven artificial food dyes in products to be sold within their borders, they joined an increasing number of individual U.S. states issuing their own regulations about food manufacturing practices, allowable ingredients, or product labeling. Consequently, food manufacturers must decide how to deal with different requirements in multiple markets. A new study from the University of Illinois Urbana-Champaign examines the various ways manufacturers respond to state regulations and what drives their choices. Click here to learn more.
Food Labelling
California Menu Allergy Labels: New Bill Explained
For millions, a simple meal out can be fraught with danger. Food allergies are a serious public health concern, and a new California bill aims to significantly improve safety and transparency for those managing these conditions. The proposed legislation, known as the ADDE Act (SB 68), seeks to empower individuals with food allergies by requiring restaurants to clearly identify common allergens on their menus. Click here to learn more.
Foreign Food Labeling Updates: EU Court of Justice Decisions
Over the past year, the European Union’s (EU) Court of Justice released two decisions related to food labeling that might affect U.S. food producers seeking to sell their products in EU Member State markets. The first was a decision regarding the use of the “organic” labeling claim, and the second was related to the prohibition of “meat” labeling terms on plant-based alternative proteins. This article will discuss the two EU decisions. To learn more about US food labeling regulation generally, click here to visit NALC’s Food Labeling reading room.
Food Safety
CSPI Urges Public to Contact FDA About Labels on the Front of Food Packages
The current Administration has talked a lot about “Making America Healthy Again” in the fight to reduce chronic disease. Now, the FDA has an opportunity to show that it’s serious about Americans’ health by finalizing a rule that would require strong front-of-package nutrition labels across the food supply.
These labels would show products’ saturated fat, sodium, and added sugars content on the front of the package — in addition to the Nutrition Facts panel, which appears on the side or the back. Click here to learn more.
Labor & Employment
In Win for Employers, the California Court of Appeals ruled Prospective Meal Break Waivers Can Be Permissible
Monique Eginli authored an article, “In Win for Employers, the California Court of Appeal Ruled Prospective Meal Break Waivers Can Be Permissible.”
California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive their second meal period when their workday lands between 10 and 12 hours and did not waive their first meal break. Often, this written waiver is not handed out at each qualifying shift, but instead during onboarding or in a roll-out during a worker’s employment.
Workers have argued that “blanket” meal break waivers were impermissible. That is, until the Court of Appeal’s April 21 decision in Bradsbery, which makes clear that prospective meal period waivers are permissible, in specific and limited conditions.
Industry Trends
Facing a Crisis, Americans Do Their Thing and Shop
When the going gets tough, Americans go shopping. With high tariffs about to engulf the country, they’re doing it again. Why it matters: Consumer spending is the engine that drives the U.S. economy. Click here to learn more.
Tariffs, Trust, and Tensions: 6 Challenges Facing the US Baking Industry Right Now
From President Trump’s tariffs to ingredient bans and shifting food labels, the US baking sector is under growing pressure. But while its challenges are stacking up, so, too, is its support system. Click here to learn more.
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