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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Texas Court Blocks Enforcement of Texas Warning Label Requirement

Posted on February 18, 2026
  • The U.S. District Court of the Western District of Texas issued a preliminary injunction last week blocking enforcement of Section 9 of Texas Senate Bill 25, which requires food
… Continue Reading Texas Court Blocks Enforcement of Texas Warning Label Requirement

RFK, Jr. Discusses GRAS on 60 Minutes

Posted on February 17, 2026
  • On February 15, 2026, Health and Human Services Secretary Robert F. Kennedy Jr. appeared on 60 Minutes, along with former FDA Commissioner Dr. David Kessler, to discuss plans to
… Continue Reading RFK, Jr. Discusses GRAS on 60 Minutes

California’s SB 1033 Would Require Heavy Metal Disclosures for Protein Products

Posted on February 13, 2026
  • On February 11, 2026, Sen. Padilla introduced SB 1033, which would establish new state-level testing and heavy metal disclosure requirements for bulk and packaged protein products sold in California.
… Continue Reading California’s SB 1033 Would Require Heavy Metal Disclosures for Protein Products

New GRAS Legislation Proposed (GRAS Oversight and Transparency Act)

Posted on February 12, 2026
  • On February 3, 2026, Rep. Mike Lawler introduced the GRAS Oversight and Transparency Act, which, if passed, would require a newly-created Board to review all “covered GRAS designations.” 
  • “Covered
… Continue Reading New GRAS Legislation Proposed (GRAS Oversight and Transparency Act)

FDA Launches Re-Assessment of BHA, Publishes RFI

Posted on February 11, 2026
  • On February 10, 2026, FDA announced the launch of a “comprehensive re-assessment of butylated hydroxyanisole (BHA)” to “consider whether BHA is safe under its current conditions of use in food
… Continue Reading FDA Launches Re-Assessment of BHA, Publishes RFI

Dunkin’ Refreshers Suit Dismissed; Labels Describe Flavor, Not Ingredients

Posted on February 10, 2026
  • A New York federal judge has dismissed a lawsuit (Law360 subscription required) claiming that Dunkin’ falsely advertised its “Refresher” beverages as containing real fruit. According to the judge, menu labels
… Continue Reading Dunkin’ Refreshers Suit Dismissed; Labels Describe Flavor, Not Ingredients

State‑Level GRAS Disclosure Bills Regain Momentum in NY and NJ

Posted on February 9, 2026
  • State‑level scrutiny of the Generally Recognized as Safe (GRAS) framework continues, with recent legislative activity in both New York and New Jersey signaling sustained interest in chemical disclosure
… Continue Reading State‑Level GRAS Disclosure Bills Regain Momentum in NY and NJ

FDA Announces Update to “No Artificial Colors” Claims, Approves Two Color Additive Petitions

Posted on February 5, 2026
  • On February 5, 2026, FDA announced via a letter to food manufacturers that the Agency intends to exercise enforcement discretion regarding certain voluntary claims relating to the absence of certified
… Continue Reading FDA Announces Update to “No Artificial Colors” Claims, Approves Two Color Additive Petitions

DOJ Sues Michigan Over Cage-Free Egg Law

Posted on February 4, 2026
  • The U.S. Department of Justice (DOJ) filed a lawsuit against the State of Michigan on January 22, 2026, alleging that Michigan’s ban on the sale of eggs produced by hens
… Continue Reading DOJ Sues Michigan Over Cage-Free Egg Law

FDA Releases Total Diet Study Interactive Tool

Posted on February 3, 2026
  • On January 27, 2026, FDA announced the release of the Total Diet Study Interface (TDSi). The tool provides consumers access to findings from the Agency’s Total Diet Study, which
… Continue Reading FDA Releases Total Diet Study Interactive Tool

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