Friday, February 29, 2008

Shareholder Class Action Filed Against Panera Bread Co. by the Law Firm of Schiffrin Barroway Topaz & Kessler, LLP


The following statement was issued today by the law firm of Schiffrin Barroway Topaz & Kessler, LLP:

Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Eastern District of Missouri, St. Louis Division, on behalf of all purchasers of securities of Panera Bread Co. (Nasdaq: PNRA - News; "Panera" or the "Company") between November 1, 2005 and July 26, 2006, inclusive (the "Class Period").

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin Barroway Topaz & Kessler, LLP (Darren J. Check, Esq. or Richard A. Maniskas, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@sbtklaw.com.

The Complaint charges Panera and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Panera owns and franchises bakery-cafes under the Panera Bread and Saint Louis Bread Co. names.

The Complaint alleges that, throughout the Class Period, defendants failed to disclose material adverse facts about the Company's financial well-being, business relationships, and prospects. Specifically, defendants failed to disclose or indicate the following: (1) that the Company was experiencing fierce competition from similar dining establishments, such that the Company would not be able to maintain growth and earnings trends and projections; (2) that the Company's strategy of rapidly expanding locations was causing a decline in sales per restaurant and a lower return on capital because business was being drawn away from existing stores; (3) that the Company's business was trending negatively because of both slow growth and rising expenses; and (4) that, as a result of the foregoing, the Company's statements about its financial well-being and future business prospects were lacking in any reasonable basis when made.
On July 17, 2006, Barron's published an article which detailed some of the financial difficulties Panera was facing. Specifically, the article discussed increased competition, as well as existing Panera stores losing customers to new Panera locations that were being opened at a rapid pace. Panera's same- store sales gains had declined in recent months, bottoming out in the low single digits from a high of 10.2%. The Company's revenue and earnings per share were rising, but the return on capital was declining, resulting in a decline in shareholder value. In response to this news, the Company's shares declined over the next two days. The shares declined $1.39 per share, or 2.24 percent, to close on July 17, 2006 at $60.71 per share, on unusually heavy trading volume. The following day the Company's shares declined an additional $1.30, or 2.14 percent, to close on July 18, 2006 at $59.41, on unusually heavy trading volume.

Then on July 26, 2006, the Company shocked investors when it announced its second quarter financial results, and stated that its projected results for the period were below trend (approximately three percentage points below second quarter two-year comps). The Company further indicated that sales for the second half of the year were uncertain and would be influenced by a new pizza product the Company recently introduced. Moreover, the Company indicated that it had incurred higher startup expenses than in previous quarters, partly due to the introduction of the new product. Upon the release of this news, the Company's shares declined an additional $7.34 per share, or 12.38 percent, to close on July 26, 2006 at $51.93 per share, on unusually heavy trading volume.

Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin Barroway Topaz & Kessler which prosecutes class actions in both state and federal courts throughout the country. Schiffrin Barroway Topaz & Kessler is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world.
For more information about Schiffrin Barroway Topaz & Kessler or to sign up to participate in this action online, please visit http://www.sbtklaw.com/

If you are a member of the class described above, you may, not later than March 25, 2008, move the Court to serve as lead plaintiff of the class, if you so choose. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Any member of the purported class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

CONTACT: Schiffrin Barroway Topaz & Kessler, LLP
Darren J. Check, Esq.
Richard A. Maniskas, Esq.
280 King of Prussia Road
Radnor, PA 19087
1-888-299-7706 (toll free) or 1-610-667-7706
Or by e-mail at info@sbtklaw.com




Sunday, February 24, 2008

Specialty Food News

Sea2O, which sells organic energy drinks, might see its sales grow more than sevenfold through new contracts with international distributors and Costco. Costco.com will begin selling the Sea2O drinks next month, and the company's officials hope Costco's stores will take the product, too, after a limited run sold out last year, reported The Seattle Times. Full Story

In addition to a renewed focus on cost-cutting, Safeway plans to continue launching innovative programs to help drive top-line growth in the face of a weakening economy such as a take out entree program that recently saw success in a 10-store pilot, and an expansion of Safeway wellness initiatives, reported Progressive Grocer. Full Story

Small artisnal dairies are gaining in popularity for more than just cheese, providing customers with foods like creme fraiche, buttermilk, ice cream and puddings. The New York Times On The Web lauds a number of these small businesses, including Pike Place Market Creamery, Seattle, WA; Blue Ridge Dairy, Leesburg, VA; and Evans Farmhouse Creamery, Norwich, NY. Full Story (Free Registration Required)

For Immediate Release: News from the Specialty Food Trade

Simpson & Vail, Inc., introduces Yoga Teas, a complete line of caffeine-free herbal teas designed to meet the desires of yoga students for more holistic methods with which to treat their bodies. Full Release

Surplus grocers that sell closeout products, such as SharpShopper, will likely benefit from more cost conscious consumers, noted The Wall Street Journal. Another such chain, Amelia's, with 11 stores in eastern Pennsylvania, saw its sales jump 17% last year from a year earlier and expects same-store sales to climb 13% this year. Minneapolis-based So Low Grocery Outlet also saw its sales jump 30% last year, while Grocery Outlet Inc., which has 131 surplus stores in the western U.S., said it has seen a steady increase in same-store sales since last fall. Full Story (WSJ Subscription Required)

Culinary Concepts by Jean-Georges will open three new Spice Market restaurants within Starwood Hotels around the world. Full Story

Tea is enjoying a revival as a seasoning, tenderizer, rub and marinade for a variety of dishes, from green beans to cakes. Tea sales last year topped $6.2 billion, more than quadruple their level in the early 1990s, according to the Tea Council of the USA, reported The Arizona Republic. Full Story (Free Registration Required)

Herbal sweet firm Ricola will focus on the UK, as it is the second largest sugar confectionery market in Europe, according to the company's UK and Ireland manager. Although Ricola is the second largest sugar confectionery brand in Europe, with a 3.7% market share, the UK is currently only the twelfth-largest market for the company in terms of sales, according to AC Nielson, reported Food Production Daily. Full Story

D&W Fresh Market introduced new private-label specialty coffees from its wholesaler, Spartan Stores. Marketed under the Spartan brand, the line includes nine flavored and 11 gourmet blends, including Hazelnut, Vanilla Nut, Caramel Créme and Chocolate Raspberry, reported Supermarket News. Full Story

Anheuser-Busch Cos. will boost its total media spending by 10% this year and the company plans to raise its spending on digital media more than 55%, reported STLtoday.com. Full Story

Dunkin Donuts will open 14 outlets in North Carolina in Charlotte, Raleigh and Greensboro; the first will open in Durham in March. Six will open in 2008 and the rest will open within five years. Full Story

7-Eleven, Inc. introduced Slurpuccino, a coffee-flavored Slurpee, which is not a milk-based product, but is caffeinated. Full Story

Cutting salty snacks is key to childhood weight loss, according to a study in the American Heart Association journal. Salt is "a hidden factor in the obesity epidemic," stated Graham MacGregor, a co-author of the study by researchers at St. George's University of London. Full Story

NEW STORE NEWS: A Cheesecake Factory restaurant is slated to open in Walnut Creek, CA, reported The Contra Costa Times. Full Story (Free Registration Required) ...

Schnucks Market Inc. will open grocery store in downtown St. Louis in late 2008 or early 2009, reported STLtoday.com. Full Story

Tuesday, February 19, 2008

Specialty Food News

The Hershey Co. aims to increase Kiss sales by rethinking its packaging and marketing strategies. The company is also considering changes to the Hershey Miniatures and Nuggets lines, according to its chief executive David West, reported The Times-Leader. Full Story

Martha Stewart Living Omnimedia Inc. bought the rights to the Emeril Lagasse franchise of cookbooks, kitchen products and television shows for up to $70 million. The deal should close in the second quarter, according to the company. Full Story

Albertsons LLC is merging two of its divisions to increase efficiencies. Under the merger plan, 35 of the 37 stores in the Rocky Mountain division will join the 81 stores in the Southwest division. Two stores in the former Rocky Mountain division, in Scottsbluff, NE and Rapid City, SD, are being sold to Nash Finch Co., reported Supermarket News. Full Story

For Immediate Release: News from the Specialty Food Trade

vere, a New York City-based chocolate company, launches a new line of 100 percent organic dark chocolate bars handmade at the source in Ecuador Full Release

The Hogue and Mercer families formed Mercer Wine Estates LLC, which will do business as Mercer Estates and release its first batch of wine Feb. 19. Based in Prosser, WA, the winery will use 150 acres of white grapes grown by the Hogues in the Columbia Valley and 120 acres of red grapes grown by the Mercers in the Horse Heaven Hills, between the Yakima and Columbia rivers, reported Puget Sound Business Journal (Seattle). Full Story (Free Registration Required

Meal preparation company Entrée Vous plans to double its presence in 2008, which could include several more stores in the North Carolina area. The company has 50 locations in the U.S. and 100 more in development, reported The Business Journal of the Greater Triad Area. Full Story (Free Registration Required)

For Immediate Release: News from the Specialty Food Trade

To keep up with a sharp increase in retail sales, Cackalacky Condiment Company, Chapel Hill, N.C., has joined with Peppers, Inc. to field inbound customer calls. Full Release

Canadian retailer Planet Organic Health Corp. signed a Letter of Intent to acquire 100% of the shares of New Leaf Community Markets, a natural foods retailer in Northern California, for $9.7 million. Full Story

The Washington Post examines the loss of inner-city supermarkets in New York's five boroughs. Today there are one-third fewer supermarkets in New York's five boroughs than there were six years ago, said Lawrence Sarf, president of retail consulting company F&D Reports. Soaring real estate values are prompting property owners throughout the city to shutter grocery stores and sell to developers, according to city officials, supermarket owners and industry analysts. Full Story (Free Registration Required)

SABMiller reiterated its ambitions to expand into the Russian beer market, though it will not stray from its current strategy of driving organic growth. The company has no current plans for acquisitions within the region, a policy that has remained unchanged over the last few years, according to a spokesperson, reported Food Production Daily. Full Story

Several entrepreneurial ventures are planning to open small markets in Pittsburgh, joining other small markets springing up around the country. Chicago-based McCaffery Interests, for example, reached a deal with grocery veteran Robert Stone, who will open a 22,000-sq. ft. organic market called Right by Nature, reported Pittsburgh Business Times. Full Story (Free Registration Required)

Omega-3 and green tea extracts have come out as excellent choices for companies aiming to cash-in on the emerging mood foods section, according to Frost & Sullivan. The mood food sector has risen over the last few years as companies attempt to benefit from food's ability to stimulate neurotransmitters, reported Food Production Daily. Full Story

Haagen-Dazs launched a new flavor, Vanilla Honey Bee, and is also tagging all of its honey bee-dependent flavors with a "HD loves HB" icon. A portion of the proceeds from the sale of the new flavor and all HD loves HB tagged flavors will be used to fund a $250,000 donation to UC Davis and Penn State to research honey bees. Full Story

Black pepper could provide a new treatment for the skin disease vitiligo, research in the British Journal of Dermatology suggests. Researchers discovered that piperine, the compound that gives black pepper its spicy, pungent flavor, can stimulate pigmentation in the skin, reported BBC News. Full Story

NEW STORE NEWS: Mikuni Restaurant Group will open a Mikuni Japanese Restaurant & Sushi Bar in Lone Tree, CO, reported Sacramento Business Journal. Full Story (Free Registration Required) ...

A 50,000-sq. ft. Whole Foods Market will open in Scottsdale, AZ on Feb. 27, reported evliving.com. Full Story

Saturday, February 16, 2008

Starbucks Tests $2.50 Premium Coffee to Boost Sales

Starbucks Corp. is experimenting with a $2.50 cup of coffee that would add a new, premium product to help fight the first drop in U.S. customer visits in its 37- year history.

In its hometown Seattle, Starbucks is testing a 12-ounce (360-milliliter) cup of ``fresh-pressed'' coffee at $2.50 each. The price is $2.25 in a Boston trial. Starbucks charges $1.55 for a regular brew. McDonald's Corp. has been stealing customers with $1.39 coffee and is challenging Starbucks by adding espresso counters.

The new drink, made in a machine that brews each cup individually, may become part of Chief Executive Officer Howard Schultz's plan to increase traffic in the 15,000 stores of the world's largest coffee chain. Starbucks is also experimenting with a $1 refillable cup of coffee and slowing its expansion.

"If they can create a better-tasting product and if they can get people to pay more for it, then you'd have the missing ingredient, which is pricing power,'' said Larry Miller, an analyst at RBC Capital Markets in Atlanta who has a sector perform'' rating on the stock.

At the same time, selling a more expensive drink may be tough as U.S. consumer spending slows, Miller said.

Starbucks has declined 11 percent in Nasdaq Stock Market trading this year after dropping 42 percent in 2007, the worst performance in the company's history. The stock fell 67 cents, or 3.6 percent, to $18.18 at 4:30 p.m. New York time.

Priced Like Lattes

A new brewed coffee would be priced just less than the lattes and cappuccinos that are now among Starbucks' most expensive. A 12-ounce cup of those drinks costs $2.55.

An $11,000 machine known as the Clover generates the new coffee. Inside, a piston rises and creates a vacuum that pulls water through ground coffee, much like a French press. The Clover's maker says it produces a better tasting drink because the grind, water temperature and other parameters can be set for each cup.

"Testing like this is something we do regularly,'' Starbucks spokesman Brandon Borrman said.
Starbucks is also trying out an eight-ounce, $1 cup of regular coffee with free refills in the Seattle area. In addition to McDonald's, Dunkin' Brands Inc. is undercutting Starbucks's $1.55 regular coffee with a 10-ounce cup for $1.39 and a 14-ounce for $1.59.

U.S. customer visits to Starbucks's cafes have declined for two straight quarters. Chairman Schultz, 54, replaced Jim Donald as CEO Jan. 7. He said in a memo last year that the chain had lost sight of the ``romance and theater'' of coffee as it expanded.

Slowing Growth

Since then, Starbucks has said it will open 350 fewer stores than planned through September and stop selling warm breakfast sandwiches, partly because they overwhelmed the aroma of coffee. Schultz also pledged to announce five new initiatives on March 19, declining to give details.

The Clover was designed in 2005 by two Stanford University graduates working from a converted trolley shed in Seattle. Their machine is now used in more than 100 cafes and has gained a cult following among coffee aficionados. The Clover's price compares with $1,000 to $4,000 for standard commercial brewers.

Servers can make cups of Sumatra or Ethiopia Shakisso in 30 to 50 seconds. At one cafe in Seattle, Starbucks offers a choice of six brews, with tasting notes styled after a wine list.

"We have made much progress as we begin to transform and innovate and there is much more to come,'' Schultz said last week in another memo to Starbucks employees. He said he was writing at 6:30 a.m. on a Sunday over ``a spectacular cup of Sumatra, brewed my favorite way -- in a French press.''