California hits Gatorade in court for "anti-water" videogame

Legal Business 2017/09/22 03:06   Bookmark and Share
Gatorade has agreed not to make disparaging comments about water as part of a $300,000 settlement reached Thursday with California over allegations it misleadingly portrayed water's benefits in a cellphone game where users refuel Olympic runner Usain Bolt.

The game, downloaded 30,000 times in California and 2.3 million times worldwide, is no longer available.

The dispute between the sports-drink company and California Attorney General Xavier Becerra was settled in less than a day after Becerra filed a complaint in Los Angeles County.

Becerra's complaint alleges the game, called Bolt!, misleadingly portrayed the health benefits of water in a way that could harm children's nutritional choices. The game encouraged users to "keep your performance level high and avoid water," with Bolt's fuel level going down after drinking water but up after drinking Gatorade, the complaint alleged.

The settlement should serve as a warning to companies that falsely advertise, Becerra said.

"Making misleading statements is a violation of California law. But making misleading statements aimed at our children is beyond unlawful, it's morally wrong and a betrayal of trust," he said in a statement.

Gatorade agreed to the settlement but has not admitted wrongdoing.

"The mobile game, Bolt!, was designed to highlight the unique role and benefits of sports drinks in supporting athletic performance. We recognize the role water plays in overall health and wellness, and offer our consumers great options," spokeswoman Katie Vidaillet said in an email.

In addition to agreeing not to disparage water, Gatorade agreed not to make Bolt! or any other games that give the impression that water will hinder athletic performance or that athletes only consume Gatorade and do not drink water. Gatorade also agreed to use "reasonable efforts" to abide by parent company PepsiCo's policy on responsible advertising to children and to disclose its contracts with endorsers.

Of the settlement money, $120,000 will go toward the study or promotion of childhood and teenager nutrition and the consumption of water.

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Toys R Us files for Chapter 11 reorganization

Lawyer Blog Post 2017/09/21 03:12   Bookmark and Share
Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.

A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.

Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.

The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.

It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.

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Kenya Supreme Court says why it annulled presidential poll

Legal Insight 2017/09/21 03:11   Bookmark and Share
Kenya's Supreme Court is delivering its full judgment on why it annulled President Uhuru Kenyatta's re-election in August.

The court annulled Kenyatta's victory in the August 8 election saying there were irregularities and illegalities, in response to opposition leader Raila Odinga's petition challenging the official results that Kenyatta won with 54 percent of the vote. The electoral commission has set Oct. 17 as the date for a fresh election. Kenya's Chief Justice David Maraga said Tuesday that since the September 1 judgment nullifying the election results, there have been attempts to intimidate judges.

Kenyatta has called the Supreme Court judges "crooks" and warned of unspecified action against the judiciary if he is re-elected next month. Kenyatta's supporters demonstrated outside the Supreme Court Tuesday ahead of the full judgment on Wednesday.
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Court asked to dismiss cases tied to ex-drug lab chemist

Topics in Legal News 2017/09/20 03:11   Bookmark and Share
A petition is asking the highest court in Massachusetts to dismiss every case connected to a former state chemist who authorities say was high almost every day she went to work at a state drug lab for eight years.

The state's public defender agency is a party to the petition filed Wednesday before the Supreme Judicial Court by two women whose drug possession convictions are tied to evidence handled by chemist Sonja Farak.

Farak pleaded guilty in 2014 to stealing cocaine from the state crime lab at the University of Massachusetts Amherst. She worked at the lab between 2005 and 2013.

The women say the state failed to notify them of Farak's misconduct even after her conviction, depriving them of the opportunity to challenge their convictions.

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Egypt court orders detention of 24 minority Nubians 15 days

Court Watch 2017/09/19 03:11   Bookmark and Share
A lawyer says an Egyptian court has ordered the detention of 24 Nubians for 15 days pending investigation for participating in a protest earlier this month. Nubians are an ethnic minority.

Moustafa el-Hassan says Wednesday's decision comes after prosecutors appealed an earlier decision to release them on bail. Their release, which was ordered on Tuesday, had not been finalized.

They were arrested after setting out on a march in the southern city of Aswan to demand their right to return to their ancestral land around the lake formed by the Aswan High Dam. Charges include illegal protest, receiving funds from foreign sources and blocking public roads.

Nubians trace their roots back to an ancient civilization on the Nile. They have been forcibly displaced four times in the last century.
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Court: State, Not Counties Accountable for Poor School Funds

Attorney News 2017/09/18 03:12   Bookmark and Share
A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.

A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.

Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.

Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies.
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