74
votes
Accepted
Can I sue a restaurant for serving me meat in vegetarian dish?
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 ...
- 157k
63
votes
Can I sue a restaurant for serving me meat in vegetarian dish?
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 ...
35
votes
Legal basis of statement by British Food Standards Agency that companies may label as "sunflower oil" what is not sunflower oil?
What statutory or prerogative authority is the FSA exercising when it allows such false labelling?
As other answers have noted, they have executive discretion to "turn a blind eye" to what ...
- 646
17
votes
Legal basis of statement by British Food Standards Agency that companies may label as "sunflower oil" what is not sunflower oil?
Executive discretion
In common law jurisdictions the executive has the prerogative to enforce or not enforce particular laws. The courts will not interfere provided that prerogative is executed for ...
- 148k
10
votes
How can German supermarkets get away with not following the EU regulations, which have been established long ago?
You are referring to article 9 of Regulation (EU) No 1169/2011 which contains:
Article 9 List of mandatory particulars
In accordance with Articles 10 to 35 and subject to the exceptions contained in ...
- 2,714
8
votes
How can a restaurant, Old Homestead Steakhouse, continue their false claims of selling Kobe beef?
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 ...
- 130k
6
votes
Is it legal to deny employee reimbursements for meat?
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 ...
- 22.2k
5
votes
Can the FD&C conflict with the CFR?
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 ...
- 157k
5
votes
Accepted
Can the FD&C conflict with the CFR?
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 ...
5
votes
How does trader joes copy everything?
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 ...
- 89.6k
5
votes
Can I sue If I was served a real burger after requesting a veggie burger
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 ...
- 40.3k
5
votes
Do the designs of cakes fall under intellectual property law (e.g. copyright) in the USA?
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 ...
- 3,874
5
votes
Is dog meat illegal in USA?
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" ...
- 534
5
votes
Sell food products on Amazon in Germany as a side job
A very good starting point is the webpage of the IHK Munich ("The Chamber of Commerce and Industry (IHK) for Munich and Upper Bavaria") for people who want to import food as a business. It ...
- 1,322
5
votes
Accepted
Are there de minimis exceptions to "food waste" for trash collection?
De minimis only applies when you are actually dealing with the law, that is, someone ends up in court.
I am unaware of any jurisdiction which makes it a crime to "mishandle" food waste. ...
- 157k
5
votes
Legal basis of statement by British Food Standards Agency that companies may label as "sunflower oil" what is not sunflower oil?
What statutory or prerogative authority is the FSA exercising when it allows such false labelling?
The Food Standards Act; 1,2 grants the Agency the right to act in the public interest to protect ...
- 2,401
4
votes
(How) Can I easily export produce from Serbia to Sweden via Hungary?
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 ...
- 141
4
votes
How can I get past a ban on energy drinks at my school?
"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 ...
- 17.5k
3
votes
Accepted
Do alcoholic ingredients in food prohibit distribution to minors?
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, ...
- 157k
3
votes
Are cricket farms for human nutrition allowed in Germany?
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 ...
- 6,373
3
votes
Accepted
Do You Need a Permit to Cook Free Food on the Sidewalk?
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
...
- 22.2k
3
votes
Is dog meat illegal in USA?
The House of Representatives in September 2018 passed this bill to ban slaughter or commerce in dog or cat parts for human consumption.
- 21
3
votes
Using Other People's Recipes In a Video?
Recipes themselves are not protectable as intellectual property and a meal made with a recipe is, therefore, not a derivative work (because the meal is not derivative of the particular expression of ...
- 130k
3
votes
How can German supermarkets get away with not following the EU regulations, which have been established long ago?
You clarified in the comments that some examples are wine.
According to German law implementing EU law, alcoholic drinks are not covered by the nutrition labeling requirement. Consumer groups demand ...
- 4,608
3
votes
How to deal with major companies flat-out ignoring your contact attempts about serious bugs on their website as well as refunds?
What would be the most reasonable thing to do?
Live with it.
Oh, and stop breaking the law with your automated emails. Illegality on their part does not justify illegality on your part. Also, it’s ...
- 148k
3
votes
Can I market a legal food product with the name of an illicit drug or other illegal product?
Would I be allowed to market this product as "Cocaine cola" or "Cocaine soda?"
england-and-wales
Possibly not if you were to try and register the name, as this may well fall foul ...
- 20.8k
2
votes
How is it legal to sell soup as Oxtail Soup when it contains less that 1% of Oxtail?
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 ...
- 157k
2
votes
Accepted
Resell a packet of cookies without tampering the packet
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 ...
- 157k
2
votes
Definition of food?
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" ...
- 22.2k
Only top scored, non community-wiki answers of a minimum length are eligible