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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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FDA Releases Food Traceability Discussion Paper Ahead of Public Meeting

Posted on May 28, 2026
  • On May 27, 2026, the U.S. Food and Drug Administration (FDA) released a discussion paper to facilitate stakeholder engagement on potential flexibilities regarding the lot-level tracking requirements in the final
… Continue Reading FDA Releases Food Traceability Discussion Paper Ahead of Public Meeting

West Virginia Law Will Allow Permit-holders to Sell “Potentially Hazardous” Cottage Food Products

Posted on May 27, 2026
  • On March 14, 2026, West Virginia passed Senate Bill 44, updating the state’s cottage food laws. The bill will allow citizens to obtain a “potentially hazardous cottage food vendor
… Continue Reading West Virginia Law Will Allow Permit-holders to Sell “Potentially Hazardous” Cottage Food Products

FDA Issues Final Guidance on Protein Efficiency Ratio (PER) Studies for Infant Formula

Posted on May 26, 2026
  • On May 21, 2026, FDA issued a final guidance for Industry: “Protein Efficiency Ratio (PER) Rat Bioassay Studies to Demonstrate That a New Infant Formula Supports the Quality Factor of
… Continue Reading FDA Issues Final Guidance on Protein Efficiency Ratio (PER) Studies for Infant Formula

Class Action Lawsuit Targets Dog Food Advertised as Natural

Posted on May 20, 2026
  • A lawsuit filed last month in the Superior Court for the State of California, County of Los Angeles against Post Consumer Brands, LLC dba Nature’s Recipe alleged that the company
… Continue Reading Class Action Lawsuit Targets Dog Food Advertised as Natural

FDA Releases New Food Safety Resources; Prater to Lead HFP

Posted on May 19, 2026
  • On May 13, 2026, FDA released two resources to advance the Human Foods Program’s “vision of increased engagement and collaboration with stakeholders to enhance food safety.”
  • The “Food Safety
… Continue Reading FDA Releases New Food Safety Resources; Prater to Lead HFP

USDA Requests Input on Regulation of Modified Organisms Under the Plant Protection Act

Posted on May 18, 2026
  • On May 15, 2026, the U.S. Department of Agriculture (USDA) issued a Request for Information (RFI) seeking stakeholder input on the regulatory framework governing modified organisms under the Plant Protection
… Continue Reading USDA Requests Input on Regulation of Modified Organisms Under the Plant Protection Act

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

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Recent Updates

  • FDA Releases Food Traceability Discussion Paper Ahead of Public Meeting
  • West Virginia Law Will Allow Permit-holders to Sell “Potentially Hazardous” Cottage Food Products
  • FDA Issues Final Guidance on Protein Efficiency Ratio (PER) Studies for Infant Formula
  • Class Action Lawsuit Targets Dog Food Advertised as Natural
  • FDA Releases New Food Safety Resources; Prater to Lead HFP

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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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