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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Organic Milk Producers Challenge USDA Milk-Pricing Regulation

Posted on May 14, 2026
  • On April 28, 2026, three federal lawsuits were filed by members of the Coalition for Organic Dairy Exemption (CODE), including Aurora Organic Dairy, Horizon Dairy, and CROPP Cooperative/Organic Valley, challenging
… Continue Reading Organic Milk Producers Challenge USDA Milk-Pricing Regulation

Kyle Diamantas to serve as Acting FDA Commissioner as Dr. Marty Makary Resigns

Posted on May 13, 2026
  • FDA Commissioner Dr. Marty Makary is widely reported to have resigned yesterday, with President Trump thanking Dr. Makary and stating that Kyle Diamantas, the FDA Deputy Commissioner for Food, will
… Continue Reading Kyle Diamantas to serve as Acting FDA Commissioner as Dr. Marty Makary Resigns

FDA Finalizes Post-Market Assessment Program

Posted on May 12, 2026
  • On May 12, 2026, FDA announced that the Agency finalized its new “proactive food chemical safety post-market assessment program” and launched reassessments of butylated hydroxytoluene (BHT) and azodicarbonamide (ADA).
  • FDA
… Continue Reading FDA Finalizes Post-Market Assessment Program

Colombia Proposes New “Ultra‑Processed” Front‑of‑Pack Warning Label

Posted on May 11, 2026
  • On April 21, 2026, Colombia’s Ministry of Health released draft regulations proposing to further amend the country’s front‑of‑pack labeling (FOPL) framework for processed foods. The proposal would repeal and consolidate
… Continue Reading Colombia Proposes New “Ultra‑Processed” Front‑of‑Pack Warning Label

California AG Issues Warning Letter to Baby Food Manufacturers re Heavy Metal Testing Disclosures

Posted on May 7, 2026
  • On March 6, 2026, California Attorney General, Rob Bonta, issued an enforcement letter to baby food manufacturers, reminding industry of its obligations under AB 899, which requires that any
… Continue Reading California AG Issues Warning Letter to Baby Food Manufacturers re Heavy Metal Testing Disclosures

USDA Announces Organizational Changes that Move Personnel Outside of DC Region

Posted on May 6, 2026
  • In a pair of April 23rd announcements USDA indicated that it is making organizational changes to its Food Safety and Inspection Service (FSIS) and its Research, Education, and Economic
… Continue Reading USDA Announces Organizational Changes that Move Personnel Outside of DC Region

Dietary Supplement Companies, Natural Medicine Group Sue FDA Over Health Claims

Posted on May 5, 2026
  • A group of dietary supplement companies, joined by an alternative medicine advocacy group, sued FDA (Law360 subscription required) for allegedly violating First Amendment commercial speech protections when the Agency blocked
… Continue Reading Dietary Supplement Companies, Natural Medicine Group Sue FDA Over Health Claims

FDA Infant Formula Testing Confirms Safety of U.S. Supply

Posted on May 4, 2026
  • On April 29, 2026, the U.S. Food and Drug Administration (FDA) announced the results of the largest and most comprehensive testing program ever conducted on infant formula sold in the
… Continue Reading FDA Infant Formula Testing Confirms Safety of U.S. Supply

Sustainable Seafood Claims Targeted

Posted on April 29, 2026
  • A class-action lawsuit was filed in a district court in California last month alleging that Target’s Good and Gather branded seafood products were falsely and deceptively labeled as “sustainably caught.”
… Continue Reading Sustainable Seafood Claims Targeted

FDA to Host Public Meeting on Food Traceability Rule

Posted on April 28, 2026
  • FDA will host a virtual public meeting on the implementation of the Food Traceability Rule on June 15, 2026. The meeting is intended to “give the public an opportunity to
… Continue Reading FDA to Host Public Meeting on Food Traceability Rule

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Recent Updates

  • Organic Milk Producers Challenge USDA Milk-Pricing Regulation
  • Kyle Diamantas to serve as Acting FDA Commissioner as Dr. Marty Makary Resigns
  • FDA Finalizes Post-Market Assessment Program
  • Colombia Proposes New “Ultra‑Processed” Front‑of‑Pack Warning Label
  • California AG Issues Warning Letter to Baby Food Manufacturers re Heavy Metal Testing Disclosures

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Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm’s attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.

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