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California hits Gatorade in court for "anti-water" videogame
Legal Line News |
2017/09/22 10:16
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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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Missouri Supreme Court rejects request to stop execution
Legal Line News |
2017/08/14 23:56
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The Missouri Supreme Court on Tuesday denied a motion from attorneys seeking to halt the execution of a man scheduled to die next week but did not explain its decision.
Attorneys for Marcellus Williams had asked the state Supreme Court and Gov. Eric Greitens to stop the punishment, citing DNA evidence that they say exonerates him. Williams, 48, is scheduled to die by injection Aug. 22 for fatally stabbing former St. Louis Post-Dispatch reporter Lisha Gayle in 1998 during a robbery at her University City home.
In a filing to the Missouri Supreme Court and a clemency request to the Republican governor, Williams' attorneys said testing conducted in December using techniques that were not available at the time of the killing shows DNA found on the knife matches an unknown man, but not Williams.
"That means in our mind the actual killer is not him," one of Williams' lawyers, Kent Gipson, told The Associated Press in a phone interview Tuesday ahead of the court's decision. "It certainly would give most reasonable people pause to say, 'Should you be executing somebody when you've got reasonable evidence suggesting another man did it?'"
After the ruling, Gipson told St. Louis Public Radio that he was surprised by the quick decision and planned to appeal to the U.S. Supreme Court.
"Certainly something involving a claim of innocence that is this substantial, you would think they would at least write an opinion or at least a short opinion giving the reasons why they denied it," Gipson said, "because that makes it more difficult to take it up to a higher court because they don't know exactly on what basis the ruling was made."
Loree Anne Paradise, a spokeswoman for Attorney General Josh Hawley, said the office remains confident that Williams is guilty based on other evidence in the case. Greitens' spokesman, Parker Briden, declined comment, saying only that the claim will need further review.
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Court: Indiana layoffs of older workers not discrimination
Legal Line News |
2017/07/25 11:04
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A federal appeals court has ruled against 20 former Lake County employees who claimed their layoffs were driven by age discrimination.
The Seventh Circuit Court of Appeals in Chicago ruled Wednesday that the plaintiffs, many of whom are now in their 70s and 80s, weren't victims of deliberate discrimination.
The Northwest Indiana Times reports falling tax revenues prompted county officials to terminate or send into early retirement employees older than 65 with promises that included a Medicare supplemental insurance plan.
But they later learned that insurance plan was only for retirees and opted to terminate the older workers in 2013 rather than buy another plan.
The court found the county wasn't practicing unlawful age discrimination because it retained a larger group of older employees not covered by that insurance.
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North Carolina Court to Rule on Law on Gov's Elections Role
Legal Line News |
2017/07/20 08:45
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North Carolina's highest court is speeding up a final decision on whether Republican legislators could strip down the election oversight powers of the state's new Democratic governor.
The state Supreme Court said Wednesday it will take up Gov. Roy Cooper's lawsuit against state legislative leaders. The decision bypasses an intermediate appeals court and schedules a Supreme Court hearing on Aug. 28.
GOP lawmakers have sought to dilute Cooper's powers since he narrowly beat incumbent GOP Gov. Pat McCrory last year.
The contested law takes away Cooper's ability to appoint a majority of the state elections board and make every county's elections board a Democratic majority. The law would make a Republican head of the decision-making state board in presidential election years when most people vote and ballot disputes are hottest.
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