73
An essential component of your contract with them is that they will provide you with food free of animal stuff (the exact nature of "vegan approved" may be up for debate, but actual meat should not be included). So they breached their contract with you, and you might sue them for breach of contract.
The case of Gupta v. Asha (orders were mixed up) could be ...
62
The goal of civil proceedings is to make the injured party whole.
Your damages amount to the cost of the meal that you ordered. You have no other demonstrable, concrete damages. If you were, for example, so deeply emotionally scarred by eating the food Chipotle offered that you developed an eating disorder and needed to see a therapist, you could probably ...
7
It isn't obvious that one must be certified to advertise your product as "Kobe Beef" in the United States. The designation "Kobe Beef", in theory, is supposed to operate a lot like a trademark, but it is a geographic designation that presumably belongs to officials from the geographic area, rather than a true trademark that is owned by a private individual ...
5
A "similar brand", even a "knock off", does not infringe trademark protection (which is the issue here, not copyright) as long as reasonable consumers or purchasers will not be confused or mislead into thinking that the product is the same as the original product, or is made by, affiliated with, sponsored by, or authorized by the makers of the original ...
5
Neither law has precedence - manufacturers have to obey both.
The FD&C says that they don't need to list ingredients which are trade secrets; the CFR says they must.
If they list the trade secrets they do not break either law. If they don't, they break the CFR. Conclusion: they must list the trade secret ingredients.
If the FD&C said it was ...
5
Can I sue If I was served a real burger after requesting a veggie
burger
I agree that this inquiry significantly overlaps with the post of which this one is marked by NuclearWang as possible duplicate. Thus, the answers (such as why breach of contract is inapplicable) and comments provided there largely apply here. I will only address the slight ...
5
I don't know of any federal law that is violated. US labor law is generally favorable to employers, compared to many other countries, and gives employers a lot of freedom in setting policies and rules, The theory is that an employee who doesn't like it can go and work somewhere else, and an employer with unreasonable policies will eventually be unable to ...
5
Aspects of a cake's design can be protected by copyright. But, there are a few hurdles.
First, the design needs to be original. That is, it has to be an exercise of a modicum of creativity. (Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991))
Most important though, the aspect of the design that the author seeks to protect via ...
5
There appear to be no explicit federal laws against the practice. Each state has its own laws and many would depend on the individual interpretation of the genera "Humane Treatment of Animals" statutes.
It appears that individual states do have laws against killing cats and dogs for food.
The California law also
protects "any animal traditionally or ...
4
"When ever I enter my college I'm forbidden to drink energy drinks..."
You are under a contract and bound by the rules and regulations of the college; read the contract you signed when you registered for classes and paid tuition.
That contract will stipulate what you are allowed to do and not do in classes, in your interactions with tutors and faculty, and ...
4
The primary source of law is the various laws passed by Congress known as the FD&C Act and which is codified in the relevant part at 21 USC 352(e)(1)(A)(iii), which says
the established name of each inactive ingredient listed in
alphabetical order on the outside container of the retail package and,
if determined to be appropriate by the Secretary, ...
3
The exact answer will depend on the details (scale of the operation, where it is happening, what purpose the crickets are being sold for etc.), but in general:
Yes, breeding and selling crickets is allowed in general.
Here's an article (German) on someone who plans to breed insects for food (the article only says he is breeding "Heuschrecken", which could ...
3
Arizona law operates in terms of "spirituous liquor", which is defined as containing more than 0.5% alcohol by volume. You'd have to send the cheese to a lab to determine the actual alcohol content, but it is likely that the product has less than the threshold amount of alcohol. It is not clear why vanilla extract is not classified as a spirituous liquor, ...
3
According to the LA County Public Health Department:
"Food facility" means an operation that stores, prepares, packages,
serves, vends, or otherwise provides food for human consumption at the
retail level, including, but not limited to, the following:
An operation where food is consumed on or off the premises, regardless of whether there is a ...
3
The House of Representatives in September 2018 passed this bill to ban slaughter or commerce in dog or cat parts for human consumption.
2
EU Regulation 1169/2011 Article 17 requires that
The name of the food shall be its legal name. In the absence of such a
name, the name of the food shall be its customary name, or, if there
is no customary name or the customary name is not used, a descriptive
name of the food shall be provided.
I am not sure how you look up whether a food has a ...
2
The issue that I think you might face is a trademark problem. You can buy and resell stuff as is, but in re-packaging you might face the question of whether Oreos From Khadloya is confusingly similar to Oreos. There is a case (Farouk Systems, Inc. v. Target Corp. Inc., Case No. 06-20883; 2008 U.S. App. LEXIS 1225) where Target boxed hair stuff into a package:...
2
There isn't likely to be a single universal definition; a word can be defined in different ways for different laws.
It's entirely possible that these laws have no more specific definition of "food" than what you've found. In that case, a court interpreting the law would presumably follow the plain meaning rule, under which "ordinary words have their ...
2
Unfortunately you cannot, the only solution is to stop at a shop after school finishes and buy an energy drink from there. Then you can drink it as you are not at school anymore.
2
Serbia is not in the EU nor internal market, so when importing products you would have to follow specific product requirements, pay eventual import duties and internal taxes (VAT).
I would recommend checking out the European Trade Helpdesk for more information about this. As both Hungary and Sweden are in the internal market it should be the exact same ...
2
I don't see why sending them seperately should be illegal.
Kinder Surprise chocolate eggs are illegal in the USA under 21 U.S. Code § 342 - Adulterated food (emphasis mine):
A food shall be deemed to be adulterated—
[...]
(d) Confectionery containing alcohol or nonnutritive substance
If it is confectionery, and—
(1) has partially or ...
2
The FDA is a federal agency and is not going to be a first investigator for a local food or health issue.
Contact your local city/county health department with your story and ask them how to get the food sample to them; and ask them if they have any health violations on file for the buffet restaurant.
There are urban legends about the meat(s) that have ...
2
But they do this with ever single other item to, how do they get away
with this, or pay for the rights?
There are different approaches.
One solution is to copy in a way that does not infringe any legal rights of the original producer. It is a common misconception that "copying is forbidden" in general, but this is not true. Rather, there are various ...
1
An in-house made product is not regulated by the FDA.
FDA regulates all foods and food ingredients introduced into or offered for sale in interstate commerce, with the exception of meat, poultry, and certain processed egg products regulated by the U.S. Department of Agriculture (USDA).
Examples of Food businesses NOT regulated by FDA:
Retail ...
1
This summary from UrbanAgLaw.org (formerly run by the Sustainable Economies Law Center, but no longer updated) gives a summary of the US federal laws:
Traditionally, the FDA has been concerned primarily with fruits & vegetables that travel in interstate commerce (i.e., fruits and vegetables that are sold and/or transported across state lines); however, ...
1
There is no current regulation on non-alcoholic "energy drinks", though alcohol drinks containing caffeine, guarana, taurine, or other similar substances are illegal. There are regulations regarding health warnings on raw milk, marijuana. There are disclosure requirements such as the use of canthaxanthin as a coloring agent in salmonids. Otherwise there are ...
1
Restrictions on the sale, consumption, and possession of alcoholic beverages do not apply to cheese because cheese is not a beverage.
1
7 USC 1902 allows one of two slaughter methods:
(a) in the case of cattle, calves, horses, mules, sheep, swine, and
other livestock, all animals are rendered insensible to pain by a
single blow or gunshot or an electrical, chemical or other means that
is rapid and effective, before being shackled, hoisted, thrown, cast,
or cut; or
(b) by ...
1
The clarity of the statute is surprising. Assuming that the operation is out of your home, the product is a baked good, a canned jam or jelly, or a dried herb or herb mix and that it is sold directly to consumers at your house, and furthermore generates $50K or less gross income, then the business is not subject to any of Missouri's laws or regulations ...
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