Archive: January 2022

1
Apple Boots “Loot Box” Complaint for Good
2
Mandatory Bioengineered Food Labeling Rule Went Into Effect on January 1, 2022 – Are You Ready?
3
M&A in Food and Agribusiness Companies: What Your Diligence List is Missing

Apple Boots “Loot Box” Complaint for Good

By: Ashley Song

Summary: The Northern District of California dismissed, without further leave to amend, a proposed class action against Apple, which claimed virtual loot boxes in the video game application “Brawl Stars” amounted to gambling.

Key Takeaways: In Taylor et al. v. Apple Inc., Rebecca Taylor and her underage son brought a proposed class action seeking to hold Apple liable for distributing game apps through the Apple App Store that they alleged include features that are legally equivalent to slot machines, as defined and prohibited under California law. The complaint advanced claims for relief under California’s Unfair Competition Law (“UCL”) and California’s Consumers Legal Remedies Act (“CLRA”).

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Mandatory Bioengineered Food Labeling Rule Went Into Effect on January 1, 2022 – Are You Ready?

By: Amy Wong

Summary: In 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) implemented the National Bioengineered Food Disclosure Standard (NBFDS). While some food companies have voluntarily complied with the NBFDS since 2018, the new regulations make compliance mandatory as of January 1, 2022.

Key Takeaway: The NBFDS is an extensive marketing standard with which every regulated entity should become familiar.  While the USDA does not have authority to issue a recall or impose civil penalties for violations of the NBFDS, the AMS could initiate an investigation and publicly publish the findings of its investigation.  It is also possible that States will adopt the same or similar requirements and impose remedies for violations of their standards, such as damages, penalties, injunctive relief, and attorney’s fees.

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M&A in Food and Agribusiness Companies: What Your Diligence List is Missing

On 6 November 2021, Kellen Holgate moderated a presentation with speakers Jonathan Cohen, Kari Larson, and Brandy Sargent at the American Agricultural Law Association (AALA) Conference on the topic: “M&A in Food and Agribusiness Companies: What Your Diligence List is Missing.” AALA is a source for information and discussion on laws and public policies affecting agriculture and food, while providing educational programs and member engagement with leadership, service, and networking.

The discussion centered on areas that sometimes are missing from general mergers and acquisitions diligence, such as regulatory food compliance, insurance, and real property and water, as well as unique issues raised in food and agriculture transactions in the financial, legal, insurance, environmental, and corporate formation areas.

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