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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Granola Company Sued for “Sugar Free” Monk Fruit Claim (Law360 Subscription Required)

Posted on June 8, 2023
  • On Monday, June 5, 2023, Saraya USA (Saraya) was denied its motion to dismiss a class action lawsuit that claimed it falsely advertises its granola as being “monk fruit sweetened”
… Continue Reading Granola Company Sued for “Sugar Free” Monk Fruit Claim (Law360 Subscription Required)

Bipartisan Lawmakers Seek to Remove Tariffs on Infant Formula with Proposed Formula 3.0 Act

Posted on June 7, 2023
  • On June 1, a group of bipartisan lawmakers led by Senator Mike Lee, R-UT, introduced the Formula 3.0 Act which would permanently remove tariffs and other trade restrictions on imported
… Continue Reading Bipartisan Lawmakers Seek to Remove Tariffs on Infant Formula with Proposed Formula 3.0 Act

FDA Issues Final Guidance for Inorganic Arsenic in Apple Juice

Posted on June 6, 2023
  • On June 1, 2023, the FDA announced a final guidance for industry titled “Action Level for Inorganic Arsenic in Apple Juice.” The final guidance adopts an action level of 10
… Continue Reading FDA Issues Final Guidance for Inorganic Arsenic in Apple Juice

FDA Webinar Reiterates a New Regulatory Pathway Created by Federal Legislation is Required for CBD

Posted on June 5, 2023
  • A high-level internal working group that FDA convened to explore potential regulatory pathways for cannabidiol (CBD) products announced by way of a January 26, 2023 statement that existing regulatory pathways
… Continue Reading FDA Webinar Reiterates a New Regulatory Pathway Created by Federal Legislation is Required for CBD

Marketing Implications of California’s Proposition 12

Posted on June 1, 2023
  • As we have previously blogged, the U.S. Supreme Court upheld California’s Proposition 12 (Prop 12) on May 11, 2023, which bans the sale of pork in California unless breeding
… Continue Reading Marketing Implications of California’s Proposition 12

AAFCO Comments on the Pet Food Institute’s Proposed New Federalized Regulatory System for Pet Food

Posted on May 31, 2023
  • On May 2, during the Petfood Forum 2023, members from the Pet Food Institute (PFI) proposed recommendations to create a comprehensive and uniform federal system for regulating pet food.
… Continue Reading AAFCO Comments on the Pet Food Institute’s Proposed New Federalized Regulatory System for Pet Food

American Beverage Association Comments on Plant-Based Milk Guidance

Posted on May 30, 2023
  • Last month, the American Beverage Association (ABA), a trade organization whose members consist of manufacturers of both dairy milk and plant-based milks, submitted comments on FDA’s draft guidance titled Labeling
… Continue Reading American Beverage Association Comments on Plant-Based Milk Guidance

Salmonella Outbreak Linked to Papa Murphy’s Cookie Dough

Posted on May 25, 2023
  • The Center for Disease Control and Prevention (CDC) is currently investigating Salmonella infections in at least six states that may be linked to raw cookie dough sold at Papa Murphy’s. 
… Continue Reading Salmonella Outbreak Linked to Papa Murphy’s Cookie Dough

Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)

Posted on May 24, 2023
  • On May 19, Coca-Cola filed a motion to dismiss in an Illinois federal court, requesting the judge to throw out a proposed class action alleging it misleads consumers into thinking
… Continue Reading Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)

Implementation of FASTER Act Poses Challenge for Industry

Posted on May 23, 2023
  • The FASTER Act, which went into effect on January 1st of this year, made sesame the 9th major food allergen, thereby triggering allergen labeling obligations for foods containing
… Continue Reading Implementation of FASTER Act Poses Challenge for Industry

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Recent Updates

  • Granola Company Sued for “Sugar Free” Monk Fruit Claim (Law360 Subscription Required)
  • Bipartisan Lawmakers Seek to Remove Tariffs on Infant Formula with Proposed Formula 3.0 Act
  • FDA Issues Final Guidance for Inorganic Arsenic in Apple Juice
  • FDA Webinar Reiterates a New Regulatory Pathway Created by Federal Legislation is Required for CBD
  • Marketing Implications of California’s Proposition 12

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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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