ICSC Legal Database - Cases Monday, February 22, 1999 05:01 PM Case Index: 00121 Citation: Almacs Inc. v. Drogin, 771 F.Supp. 513 (D.R.I. 1991). Issue: Whether diet aids in the form of meal replacements are food or food products within the meaning of a lease provision restricting tenants' ability to sell food or food products. Facts: Almacs, Inc., plaintiff, filed suit against the defendants, landlord and Rx Place, claiming that it had entered into a lease restricting the sale of food or food products by other tenants to a 2,500 square foot area. In a previous action, Rx Place, was required to limit its display area of food and food products to 2,500 square feet. The parties came before the court again to resolve a dispute over whether diet aids in the form of meal replacements, such as shakes and snack bars, qualified as food or food products. Both parties presented evidence in support of their respective positions. Almacs argued that the meal replacements were food or food products and therefore limited to the 2,500 square foot area. Rx Place contended that the meal replacements were health and beauty aids and thus not restricted to the display area. Holding: The court relied on the definition of food or food products provided during the initial litigation which had defined food or food products as "nonmedicinal edible products meant to be consumed by human beings." Finding that diet aids in the form of meal replacements clearly met this definition, the court held that Rx Place could display the diet aids only within its restricted 2,500 square foot area. Publication: Legal Update Date: Winter 1991 Classification 1: Landlord and Tenant Classification 2: Classification 3: 00121 - Legal Update - Winter 1991