The Learned Concierge - September 2025, Vol. 23
The Learned Concierge
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.
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Agriculture
Regenerative Agriculture Highlighted as a Transformative Approach to Ecological Farming and Soil Recovery
A new critical review, published in the journal CABI Agriculture and Bioscience, highlights the emergence and scientific basis of regenerative agriculture—proposing a working definition centered on ecological cycles and farm system outcomes.
Drawing from peer-reviewed science, gray literature, practitioner perspectives, and the latest soil ecology, the review examines the rise of regenerative agriculture (RA) and its potential to transform farming systems from extractive to restorative. Click here to read more.
Alcohol Law
Brewers Association Urges FDA to Exempt Beverage Alcohol from Proposed Labeling Rule
In January, the Food and Drug Administration (FDA) proposed a rule to require front-of-package (FOP) nutrition labels on foods that must bear a Nutrition Facts label. Most beverages produced at breweries fall under the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau (TTB) and would not be subject to this rule. An FDA rule would, however, affect two categories of beverage alcohol:
- Fermented grain products made without malted barley or without hops, which includes most hard seltzer products; and
- Wines containing less than 7% alcohol by volume, which includes most hard cider products.
Read more here.
Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – August 2025, Volume 32.
Chanel Latest Victim in Salesforce Data Theft Attacks
Chanel has announced that it was the latest victim of data breaches stemming from a Salesforce data theft attack. The breach, which only impacted U.S. customers of the French fashion giant, was first detected on July 25. The attack is believed to be the latest in a string of attacks where threat actors have been actively targeting Salesforce customers with so-called “vishing” (voice phishing) attacks where the threat actors call employees and attempt to trick them into authorizing access to the target company’s Salesforce portal—where the threat actors then steal data from the Salesforce database and extort payments from the company. Salesforce has commented that these compromises are not the result of any security vulnerabilities in the Salesforce platform, but rather a key demonstration of the role that company employees play in securing consumer data. Salesforce customers are encouraged by Salesforce to follow security best practices.
Immigration
Amendments to the Corporate Whistleblower Awards Pilot Program (CWAPP) Now Include Incentives to Notify of Immigration Violations
For industries that depend on immigrant labor, including retail, hospitality, and food and beverage, employers may want to review both their immigration policies and practices as well as their internal compliance procedures. Under the new amendments, whistleblowers might be eligible for financial rewards of up to 30% of forfeited proceeds if the report results in a successful Department of Justice enforcement. Click here to read more.
Intellectual Property
Worried Your Trademark Might Be Commercially and Conceptually Weak? Recent Opinions by the Trademark Trial and Appeal Board Indicate That It Could Be Advantageous
Bill Cramer authored an article, “Worried Your Trademark Might Be Commercially and Conceptually Weak? Recent Opinions by the Trademark Trial and Appeal Board Indicate That It Could Be Advantageous.”
Food Labeling
Food and Dietary Supplement Labeling Claims: FDA Regulation and Select Legal Issues
Congress has authorized the Food and Drug Administration (FDA) to regulate nutrient-related claims on food and dietary supplement labels to promote healthful eating patterns, protect public health, and ensure that consumers have accurate information to make informed choices about the foods they consume. FDA regulates these nutrient-related claims under its authority in the Federal Food, Drug, and Cosmetic Act (FD&C Act, 21 U.S.C. §§ 301–399i), which prohibits the marketing of misbranded foods and dietary supplements in U.S. commerce, including products with false or misleading labels. Congress has set out more specific statutory requirements for several types of labeling claims, including (1) health claims, (2) nutrient content claims, and (3) structure/function claims. Click here to read more.
Good Food Collective Rallies Brands for Stronger Labeling Standards, Transparent Packaging
The coalition aims to unite brands around more responsible labeling and ingredient standards with proactive participation in regulatory outcomes. Click here to read more.
International Trade
“De Minimis” Loophole is Ending; Here’s What it Means for Online Orders
Online shopping from overseas merchants is about to become more complicated and costly. Starting Friday, the United States is removing an exemption that has allowed low-cost imports to enter duty-free for over ninety years. Merchandise worth $800 or less will face an additional 10 to 50 percent duty, depending on the tariff rate of the country of origin, according to President Donald Trump’s July 30 executive order. Alternatively, they could be taxed at a flat rate ranging from $80 to $200 per package. Click here to read more.
Labor & Employment
Colorado Lawmakers Were Busy in 2025-What Employers Need to Know
Colorado’s Paid Family Leave Program, FAMLI, became effective in 2024 and provided up to 12 weeks of paid leave benefits for bonding with a new child, caring for a family member with a serious medical issue, recovering from one’s own serious health condition, and for domestic violence or military deployment needs. FAMLI expands leave for parents whose newborn requires neonatal intensive care, which is in addition to the existing 12 weeks of leave for bonding or caring for a family member who is ill. The amendment to FAMLI also reduces the premium deducted from employees’ pay to fund the leave. Read more here.
Colorado’s Amendments to its Wage Act Include Enhanced Penalties
Employers may want to consider these six changes to Colorado’s Wage Act:
- The new amendments require Colorado’s Division of Labor Standards and Statistics to determine if violations are willful, and if so, it must publicize the employer’s name on its website. Willful violations can also impact licensing, permits, and registration of the employer.
- Penalties for misclassification (independent contractor status) have increased and are on a graduating scale for repeat violations.
- As of July 1, 2026, the Division will have jurisdiction to hear wage claims up to $13,000.
- An employer may not take payroll deductions that result in pay lower than the State’s minimum wage threshold.
- The definition of employer has expanded to include individuals who own or control 25% of the ownership interest in the business.
- On the positive side, the Director may waive penalties for timely payment of unpaid wages (14 days), but not if the employer has prior violations.
Read more here.
DOL Resurrects PAID Program to Supervise Employers’ Self-Audits and Settlements of Potential FLSA and FMLA Violations
On Jul. 24th, the US Department of Labor (DOL) announced that it would again administer the Payroll Audit Independent Determination Program (PAID). This program allows employers to self-report wage violations (FLSA) and Family Medical Leave Act (FMLA) violations and avoid the imposition of liquidated damages penalties. And if the DOL approves the self-audit and payment of back wages, an employer may obtain a release of claims from the impacted employees.
The DOL also announced several new self-audit programs relating to the Employee Retirement Income Security Act (ERISA) plans, the Occupational Safety and Health Act (OSH), the Labor Management Reporting and Disclosure Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). Click here to read more.
One Big Beautiful Bill Act and Overtime and Tips
Of interest to employers in the Hospitality, Retail, and Food and Beverage Industry, heavy with non-exempt hourly wage or tipped workers, are new requirements regarding tax free treatment for tips and qualifying overtime. Employers must keep track and notify employees about overtime or tips that might qualify for tax-free treatment.
Employers should be planning on how they will comply with recording and notifying employees about the tax treatment for their year-end reporting.
Click here to read the article, “No Tax on Tips Explained.”
Click here to read the article, “Here’s how the new tax breaks for tips and overtime work (while they last).”
Industry Trends
Abbott Signs “Make Texas Healthy Again” Laws Alongside RFK Jr.
Health and Human Services Secretary Robert F. Kennedy Jr. joined Texas Gov. Greg Abbott (R) in Austin Wednesday to promote new “Make America Healthy Again” (MAHA) state laws.
The new MAHA laws prohibit the use of federal food assistance to purchase sodas and candy; ban certain additives in free and reduced-priced school meals; and create stricter labeling requirements for food manufacturers. Click here to read more.
The New Jersey American Dream Mall Sued for Violating Blue Laws
Blues Laws prohibit shopping for non-essential items, such as clothing, furniture, and other home goods, on Sundays. These laws were initially enacted for religious reasons. Some survive because they offer residents a respite from traffic caused by the retail shopping and provide retail staff time off. The American Dream Mall is in Paramus, which is in Bergen County, New Jersey, a county that has blue laws restricting non-essential shopping on Sunday. The original plan for the Dream Mall was to have recreational activities open on Sunday, but not retail shopping.
The Mall is the subject of a suit alleging multiple years violations of these laws to the detriment of competitors. Click here to read more.
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