A court in the Eastern District of Pennsylvania recently dismissed a lawsuit alleging that the food and beverage industry “implemented addiction science techniques and predatory marketing campaigns” related to ultra-processed foods (UPFs). Martinez v. Kraft Heinz Co., No. 2:25-cv-00377, 2025 WL 2447793, at *1, (E.D. Pa. Aug. 25, 2025). While acknowledging concerns about the alleged
September 2025
Ninth Circuit Affirms Denial of Class Certification Finding Lack of Predominance
A divided Ninth Circuit panel recently affirmed a district court’s denial of class certification based on a lack of predominance. See Ambrosio v. Progressive Preferred Ins. Co., 2025 WL 2628179 (9th Cir. Sept. 12, 2025). The plaintiffs sought to represent a class of drivers asserting breach-of-contract and other related claims against an auto insurer. The…
Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
On September 16, 2025, Judge Trevor McFadden of the U.S. District Court for the District of Columbia dismissed Dr. Ralph de la Torre’s effort to bar criminal or civil enforcement of the Senate’s resolutions holding him in civil and criminal contempt of Congress. In bringing his pre-enforcement challenge, Dr. de la Torre alleged that any…
Brazilian Government Opens Consultation on Artificial Intelligence-Related Patent Applications
Brazil’s National Institute of Intellectual Property (“INPI”) initiated a public consultation on new guidance for the review of patent applications related to artificial intelligence (“AI”). The draft guidance document consolidates three previous INPI regulations and best practices adopted by other patent offices.
Click here to read the full alert on cov.com.
En Banc Decision in Percipient.ai, Inc. v. United States: Federal Circuit Holds That Only Actual or Prospective Bidders or Offerors Have Bid Protest Standing Under Tucker Act
This blog previously covered the Federal Circuit’s decision in Percipient.ai, Inc. v. United States, which addressed bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”), and seemed to potentially open the door to a new category of protests. Now, in an en banc ruling, the Federal Circuit vacated that decision and reached…
South Africa’s New Employment Law Framework for Dismissals: What Employers Need to Know
On 4 September 2025, the Minister of Employment and Labour published the new Code of Good Practice: Dismissal under the Labour Relations Act, 1995 (“LRA”). The Code is now in force and represents the most significant reform to South African dismissal laws in nearly three decades.
The Code consolidates and replaces both the Schedule 8:…
FCC Takes Action on Certain “Bad Labs”
Earlier this month on September 8, the Federal Communications Commission (FCC) announced that it was taking an initial set of actions to address threats posed by so-called “bad labs.” “Bad labs” consist of test labs that review and approve radio frequency emitting devices for use in the U.S. but are “ultimately owned or controlled by…
Sixth Circuit Rejects Food Contamination Claims for Lack of Standing
In Ward v. J.M. Smucker Co, No. 24-3387, 2025 WL 2613489 (6th Cir. Sept. 10, 2025), the Sixth Circuit affirmed the district court’s decision to dismiss a putative consumer class action regarding allegedly contaminated peanut butter because Plaintiffs did not have standing to bring their claims. …
EU and Brazil Advance Towards Mutual Adequacy Decision
***Update (January 27, 2026): The EU and Brazil have now formally adopted mutual adequacy decisions, confirming that both jurisdictions ensure comparable levels of data protection and enabling the free and safe flow of personal data between the EU and Brazil without the need for additional transfer mechanisms.***
On September 5, 2025, the European Commission announced…
The Make Our Children Healthy Again Strategy Report: What it Says and Doesn’t Say about U.S. Food Regulation
On September 9, President Trump’s Make America Healthy Again (MAHA) Commission, chaired by HHS Secretary Kennedy, released its “Make Our Children Healthy Again Strategy Report” (Strategy Report) as directed by Executive Order 14212 (EO), which established the MAHA Commission. A draft of this report was leaked to the public about a month ago and the…