The Learned Concierge - October 2026, Vol. 32
The Learned Concierge
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.
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Corporate
Grocers Navigate Inflation, Consumer Spending Shifts, and Industry Consolidation
Food retailers continue to face pressure from inflation, evolving consumer purchasing habits, food affordability concerns, and increasing competitive pressures. According to Grocery Dive, grocers are focusing on pricing strategies, private-label growth, strategic acquisitions, and operational efficiency as shoppers become more selective with discretionary spending. The article highlights several key issues facing the industry through the remainder of 2026, including regulatory uncertainty surrounding SNAP benefits, continued consolidation activity, and the growing consumer demand for value-oriented products. Click here to read more.
Cybersecurity
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – September 2026, Volume 45
Environmental
A Defining PFAS Decision: D.C. Circuit Leaves EPA’s CERCLA Designation Intact
Colleen Jarrott and Kristina Aleksanyan authored an article, “A Defining PFAS Decision: D.C. Circuit Leaves EPA’s CERCLA Designation Intact.”
A federal appeals court upheld EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA, preserving EPA’s authority to pursue cleanup and cost-recovery actions related to these PFAS chemicals. The ruling rejects challenges to EPA’s authority and confirms that uncertainty around cleanup costs or site-specific liability does not invalidate the designation.
For businesses, the decision shifts attention from legal challenges to practical risk management. Companies should assess potential PFAS exposure at current and former facilities, prepare for increased cleanup and contribution litigation, evaluate PFAS-related risks in transactions, and review insurance policies and contractual protections. The decision also signals that EPA may pursue additional PFAS-related actions in the future, making proactive compliance, due diligence, and strategic planning increasingly important.
Food Labeling
Ninth Circuit Revives Food Labeling Case on FODMAPs Rights
The Ninth Circuit recently revived a consumer food-labeling lawsuit involving claims related to FODMAPs, a group of carbohydrates that can trigger digestive symptoms in some individuals. The decision allows the case to move forward, signaling that courts may be willing to scrutinize food labeling and marketing claims directed at consumers with specific dietary sensitivities and health-related concerns.
For food and beverage manufacturers, retailers, restaurants, and hospitality operators, the ruling highlights the growing litigation and regulatory risks associated with product labeling, ingredient disclosures, and health-related marketing claims. As consumers increasingly seek products tailored to dietary needs, businesses should ensure that packaging, advertising, menus, and product claims are supported by clear and accurate information to reduce the risk of consumer protection and false advertising challenges. Click here to read more.
Food Authority Proposes Front-of-Package Warning Labels
Food regulators are considering new front-of-package warning label requirements that would provide consumers with clearer information about products containing high levels of sugar, salt, and saturated fat. The proposal reflects a broader global trend toward simplified nutrition disclosures designed to help consumers make more informed purchasing decisions and encourage healthier eating habits.
For food and beverage manufacturers, retailers, restaurants, and hospitality operators, the potential shift could have significant implications for packaging, product formulation, marketing claims, and consumer perception. Companies may face increased pressure to reformulate products, redesign packaging, and reassess how nutritional information is presented as regulators continue focusing on transparency and consumer health. Click here to read more.
California Creates First Non-Ultra Processed Food Label
California has enacted the nation’s first voluntary non-ultra processed food label, allowing qualifying products to display a state-backed seal intended to help consumers identify healthier options. While supporters view the program as a transparency measure, some food industry groups warn that differing definitions of “ultra processed” could create confusion for consumers and manufacturers.
What Food Brands and Retailers Should Do Next: Monitor California’s certification requirements, evaluate products that may qualify for the label, assess reformulation opportunities, and prepare for potential merchandising, shelf-labeling, and marketing changes as consumer demand for minimally processed foods continues to grow. Click here to read more.
Franchising
Franchise Disclosure Pitfalls for Rapidly Expanding Retail Brands
Tanya Nebo and Bin Minter authored an article, “Franchise Disclosure Pitfalls for Rapidly Expanding Retail Brands.”
As franchise systems grow, disclosure and compliance obligations become increasingly important. This article highlights five common mistakes franchisors make: unintentionally creating a franchise relationship through licensing arrangements, signing agreements or accepting payments before required disclosure periods expire, allowing Franchise Disclosure Documents (FDDs) to become outdated, making unauthorized earnings claims outside of Item 19 disclosures, and overlooking state-specific franchise registration and filing requirements. The key takeaway is that compliance should scale with the brand. Strong processes for FDD updates, sales approvals, disclosures, and legal review can help franchisors expand confidently while avoiding costly regulatory issues, disputes, and disruptions to growth.
Maryland Amends Franchise Law: Key Changes Take Effect Oct. 1st, 2026
Earsa Jackson, Tanya Nebo and Joseph McCarthy authored an article, “Maryland Amends Franchise Law: Key Changes Take Effect October 1, 2026.”
Effective Oct. 1st, Maryland’s amendments to its Franchise Registration and Disclosure Law increase both regulatory oversight and franchisee protections. Key changes include extending the state’s enforcement period from three to five years, expanding the timeframe for franchisee claims, clarifying that the law applies to Maryland residents and businesses operating in Maryland, and protecting franchisees’ rights to participate in franchisee associations. The state also made its fast-track franchise renewal review program permanent.
While franchisors do not need to make special filings solely because of the law change, all franchise disclosure documents, Maryland addenda, franchise agreements, and sales materials must comply with the new requirements beginning Oct. 1st. Franchisors should review disclosure language, claims procedures, and franchisee association provisions now, as the amendments create greater litigation and compliance risk and require more proactive franchise law compliance.
Immigration
Federal Court Blocks New Student Visa Restrictions
Lindsey M. Medina reports on a federal court decision temporarily blocking a DHS rule that would have imposed fixed periods of stay on certain international students and exchange visitors. The injunction preserves the longstanding “duration of status” framework while litigation continues. Hospitality, restaurant, and retail employers that utilize student or exchange-visitor talent should continue following existing rules while monitoring future developments. Click here to read more.
DHS Signals Increased Scrutiny of CPT Programs for F-1 Students
In this alert, Lisa Atkins examines new federal guidance narrowing the use of Curricular Practical Training (CPT) for F-1 students. The guidance emphasizes that CPT must be a required component of an academic program and signals heightened scrutiny of schools, students, and participating employers. Businesses utilizing internship and student-worker programs should ensure employment authorization is properly documented and tied to curriculum requirements. Click here to read more.
Increased H-1B Enforcement Scrutiny for Employers
Lisa Atkins and Alison P. Hitz analyze a new Executive Order directing federal agencies to increase scrutiny of H-1B employers and review compliance issues such as layoffs, job classifications, and wage practices. Although the Order does not immediately change H-1B eligibility requirements, it signals increased enforcement and potential audits. Retail, hospitality, and food-and-beverage employers that rely on sponsored talent should review workforce planning and immigration compliance strategies accordingly. Click here to read more.
Restaurant Industry Continues to Push for Immigration Reform
Industry leaders continue to identify workforce shortages and immigration reform as top priorities for restaurant and hospitality operators. Business groups are advocating for policies that improve access to labor, reduce hiring barriers, and create more predictable immigration processes as employers struggle to fill frontline positions.
For retail, hospitality, and foodservice operators, labor availability remains one of the most significant operational challenges. Companies should continue monitoring immigration policy developments and evaluating workforce strategies as labor shortages persist across many markets. Click here to read more.
Growing Use of Artificial Intelligence in U.S. Immigration Adjudications Is Driving Higher RFE and Denial Rates
U.S. immigration agencies are rapidly expanding the use of artificial intelligence across visa adjudications, fraud detection, document review, identity verification, and security screening. While these technologies are intended to improve efficiency, employers and immigration practitioners are reporting increased Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), delayed processing times, and erroneous petition rejections linked to AI-driven screening tools. AI is also being used to analyze social media activity, identify inconsistencies across government databases, and flag potential fraud indicators, resulting in heightened scrutiny across multiple visa categories.
For retailers, hospitality operators, restaurants, and other employers that rely on foreign national talent, AI-assisted immigration processing may create longer and less predictable timelines for hiring, onboarding, transfers, and international travel. Employers should expect increased documentation requirements, additional scrutiny of visa petitions, and expanded social media screening of applicants. Workforce planning, immigration compliance, and early case preparation will become increasingly important as AI continues to reshape the immigration adjudication process. Click here to read more.
August 2026 Outbound Immigration and Global Mobility Recap | Americas
Lisa Atkins and Alexander Witt authored an article, “August 2026 Outbound Immigration and Global Mobility Recap | Americas.”
Several countries across the Americas introduced notable immigration changes in August 2026. In Canada, immigration authorities restored flexibility for multinational employers by removing a new requirement that C20 Reciprocal Employment applicants be employed abroad before transferring to Canada. Canada also launched a two-year open work permit pathway for certain Manitoba provincial nominee candidates and clarified that fully remote positions are generally ineligible for employer-sponsored Ontario immigration applications, although hybrid arrangements remain permitted.
Elsewhere, Chile introduced a new digital work authorization certificate with QR-code verification to simplify right-to-work checks for foreign employees. Colombia is applying increased scrutiny to work visa applications, resulting in longer processing times and more requests for supporting documentation. Peru continues to experience significant immigration processing delays due to operational challenges, prompting employers to file applications early and build additional lead time into assignment and relocation planning.
Overall, employers with international workforces should monitor evolving immigration requirements, review remote-work policies, anticipate longer processing times in certain jurisdictions, and ensure workforce mobility plans remain aligned with changing immigration rules.
August 2026 Outbound Immigration and Global Mobility Recap | EMEA
Lisa Atkins and Josefina Botero authored an article, “August 2026 Outbound Immigration and Global Mobility Recap | EMEA.”
August 2026 brought several important immigration and workforce mobility developments across Europe, the Middle East, and Africa. The EU’s ETIAS travel authorization program remains delayed, with no official launch date announced, while several Schengen countries continue temporary internal border checks that may affect business travel. The UK expanded its Global Talent Visa pathway for research-focused businesses and is considering new labor shortage recruitment rules that could require employers to demonstrate stronger workforce development efforts.
Elsewhere in Europe, Poland tightened work authorization requirements for certain visa-free nationals, Belgium updated cross-border worker rules for non-EU nationals, and Georgia introduced new quota and exemption rules for foreign workers. In the Middle East, Saudi Arabia increased localization requirements for project management roles and extended a work permit regularization program, while the UAE expanded visa-on-arrival eligibility for certain travelers and updated workforce compliance requirements. In Africa, Ghana revised expatriate quota and work permit procedures, affecting foreign-invested businesses and international assignments.
Overall, employers should closely monitor evolving immigration requirements, workforce localization initiatives, business travel rules, and work authorization processes to ensure continued compliance and effective global mobility planning.
International Trade
U.S. Retail Imports Stay Strong as Demand Holds
September is expected to become the busiest import month of 2026 as retailers continue replenishing inventory despite tariffs, inflation, and transportation disruptions. Industry experts note that strong consumer demand and extended holiday inventory planning have helped sustain elevated shipping volumes. Retailers and consumer product companies should continue evaluating sourcing strategies, inventory management practices, and tariff exposure as supply chain volatility remains a key business risk. Click here to read more.
A New Playbook for Tariffs and Trade Uncertainty
Ashley Gifford and Kristina Aleksanyan authored an article, “A New Playbook for Tariffs and Trade Uncertainty.”
Tariffs have evolved beyond a supply chain or procurement issue and are increasingly impacting pricing, profitability, sourcing, inventory, and strategic planning across retail, hospitality, and food and beverage businesses. As trade policies continue to shift, companies face difficult decisions about whether to absorb higher costs, raise prices, renegotiate supplier agreements, or find alternative sources. The article emphasizes that businesses should take a proactive approach by mapping tariff exposure, strengthening supply chain resilience, reviewing key contracts, incorporating trade risk into business planning, and engaging in policy discussions. The companies best positioned for success will be those that can quickly adapt to changing trade conditions rather than trying to predict them.
Liquor Law/Beverage Industry
THC Beverages Face Regulatory Crossroads
The rapidly growing market for hemp-derived THC beverages is facing significant uncertainty as Congress continues to debate whether these products should be regulated more like alcohol or face stricter federal restrictions. According to CNBC, THC beverage sales increased 135% year-over-year, reaching $239 million in measured U.S. retail sales, while lawmakers consider new legislation that would either create a formal regulatory framework or significantly restrict the category. Current proposals would regulate THC beverages through a system similar to alcohol, including age restrictions, labeling requirements, excise taxes, and distribution controls.
For retailers, restaurants, bars, hotels, and beverage manufacturers, the outcome could significantly reshape product availability, compliance obligations, distribution models, and consumer purchasing behavior. The continued growth of THC beverages also highlights a broader shift in consumer preferences, particularly among younger adults who increasingly view THC-infused beverages as an alternative to traditional alcohol products. Businesses operating in the beverage sector should closely monitor developments as federal policymakers determine the future regulatory landscape for this fast-growing category. Click here to read more.
Alcohol Industry Navigates Shifting Consumer Preferences and Category Performance
According to the Total Alcohol Executive Summary Weekly Report, the alcohol industry continues to face evolving consumer purchasing behaviors, shifting category performance, and growing competition from emerging beverage alternatives. While premiumization and innovation remain important growth drivers, suppliers, retailers, and distributors are closely monitoring changing spending patterns as consumers become more selective and value conscious in their alcohol purchases.
For retailers, restaurants, bars, hotels, and beverage manufacturers, the report highlights the importance of adapting product assortments, pricing strategies, and promotional efforts to meet changing consumer demand. The continued growth of alternative beverage categories, including low- and no-alcohol products and hemp-derived THC beverages, is increasing competition for consumer spending and reshaping long-term beverage consumption trends. Click here to read more.
Industry Trends
Robust U.S. Retail Sales Underscore Economy’s Resilience, Inflation Pressures Building
U.S. retail sales rose 1.2% in August, exceeding expectations and demonstrating continued consumer resilience despite inflation, higher fuel costs, and economic uncertainty. Spending increased across a broad range of categories, including restaurants and bars, indicating that consumers remain willing to spend even as household budgets face increasing pressure. For retailers, hospitality operators, and foodservice businesses, the report suggests consumer demand remains relatively healthy heading into the holiday season, although shoppers are becoming increasingly selective and value conscious. Click here to read more.
KFC Experiments with Breakfast and Table Service
KFC is testing an experimental restaurant format that combines breakfast service and table service while seeking to deliver a fast-casual experience at quick-service restaurant prices. The concept is designed to maximize sales volume and could require operators to rethink staffing models, scheduling, training, and customer-service expectations. Restaurant employers should continue monitoring how evolving service formats may impact workforce needs and operational efficiency. Click here to read more.
Restaurant Workers Report Strong Career Satisfaction
New research released by the National Restaurant Association Educational Foundation found that many restaurant employees view the industry as providing meaningful career opportunities, valuable workplace skills, and long-term professional growth. The findings challenge common perceptions about restaurant work and highlight the industry’s role as a pathway for career development and advancement. Restaurant operators may find the report useful as they evaluate recruiting, retention, and employee-engagement strategies in a competitive labor market. Click here to read more.
Trader Joe’s Prevails in 401(k) Forfeiture Lawsuit
A federal judge ruled that Trader Joe’s did not violate federal benefits law by using forfeited retirement-plan funds to offset the company’s contributions to its 401(k) plan. The decision is the latest in a growing wave of litigation challenging how employers use forfeited plan assets and provides guidance on retirement-plan administration practices. Retail, hospitality, and food-and-beverage employers that sponsor retirement plans should continue reviewing plan terms and forfeiture practices in light of ongoing employee-benefits litigation. Click here to read more.
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