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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Second Circuit Affirms Win for Defendants in Challenge to Glucosamine Labeling on Federal Preemption Grounds

Posted on August 21, 2024
  • Last week the United States Court of Appeals for the Second Circuit affirmed a grant of summary judgment for Defendants Walgreen Co. and International Vitamin Corporation (IVC) on preemption grounds
… Continue Reading Second Circuit Affirms Win for Defendants in Challenge to Glucosamine Labeling on Federal Preemption Grounds

FDA Issues Second Edition of Voluntary Sodium Reduction Goals

Posted on August 20, 2024
  • On August 16, 2024, FDA issued Edition 2 of the Draft Guidance for Industry: Voluntary Sodium Reduction Goals covering target mean and upper bound concentrations for sodium in commercially processed,
… Continue Reading FDA Issues Second Edition of Voluntary Sodium Reduction Goals

FTC Finalizes Rule Against Fake Reviews and Testimonials

Posted on August 16, 2024
  • On August 14, 2024, the Federal Trade Commission (FTC or Commission) announced its Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule) to rein in
… Continue Reading FTC Finalizes Rule Against Fake Reviews and Testimonials

UPSIDE Sues Florida Over Cell-Grown Meat Ban

Posted on August 15, 2024
  • UPSIDE Foods (UPSIDE), a cultivated meat company, has sued the state of Florida over the state’s ban (SB 1084) on the sale and manufacturing of “cultivated” meat.  The
… Continue Reading UPSIDE Sues Florida Over Cell-Grown Meat Ban

NASEM Releases Report on Infant Formula Market Challenges

Posted on August 14, 2024
  • Last month, the National Academies of Science, Engineering, and Medicine (NASEM) released a 401-page report which analyzed the 2022 infant formula shortage, highlighted the vulnerabilities in the infant formula market,
… Continue Reading NASEM Releases Report on Infant Formula Market Challenges

Illinois Judge Dismisses Bottled Water False Ad Complaint

Posted on August 13, 2024
  • An Illinois federal judge dismissed a proposed class action (Law360 subscription required) alleging that water labeled as “100% Natural Spring Water” is misleading due to the presence of microplastics. According
… Continue Reading Illinois Judge Dismisses Bottled Water False Ad Complaint

FDA Releases Summary Report on Fresh Herbs Sampling Assignment

Posted on August 8, 2024
  • On July 26, 2024, the U.S. Food and Drug Administration (FDA) released findings from its sampling assignment that collected and tested domestic and imported basil, cilantro, and parsley.  FDA sought
… Continue Reading FDA Releases Summary Report on Fresh Herbs Sampling Assignment

APHIS Announces Flexibility Allowing for Reuse of BRS Import Labels

Posted on August 7, 2024
  • On August 2nd USDA’s Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Service (BRS) announced a new flexibility which permits the reuse of BRS import labels.
  • BRS administers
… Continue Reading APHIS Announces Flexibility Allowing for Reuse of BRS Import Labels

FDA to Hold Public Meeting on Post-Market Chemical Assessment

Posted on August 6, 2024
  • On September 25, 2024, FDA will hold a public meeting on the development of an enhanced systematic process for post-market assessment of chemicals in food. The Agency intends to share
… Continue Reading FDA to Hold Public Meeting on Post-Market Chemical Assessment

Olive Oil Fraud and Mislabeling Cases in EU Hit Record High

Posted on August 2, 2024
  • The EU has seen a record number of potential fraud, safety, and mislabeling cases involving olive oil so far this year as demand increases for what is considered a kitchen
… Continue Reading Olive Oil Fraud and Mislabeling Cases in EU Hit Record High

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Recent Updates

  • Kratom Drink Producers Appeal to 10th Circuit to Halt Utah Ban
  • House Appropriations Committee Releases Report Explaining Subcommittee’s Disposition to Food Law Topics
  • FDA Releases Report on Traceability Readiness Tabletop Exercises and Updates FAQs on Food Traceability Rule
  • Louisiana Enacts a Bill Delaying and Modifying Food Additive Disclosure Requirements
  • Oklahoma to Permit Expanded Raw Milk Sales

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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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