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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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District Court Rules that “Manufactured in the USA 100%” Claim is False

Posted on July 31, 2024
  • On July 8, 2024, the U.S. District Court for the Central District of California granted partial summary judgment in favor of the Plaintiffs and held that a “Manufactured in the
… Continue Reading District Court Rules that “Manufactured in the USA 100%” Claim is False

USDA Publishes Proposed Rule to Reduce Salmonella in Poultry Products

Posted on July 30, 2024
  • On July 29, 2024, USDA issued a proposed rule and determination to more effectively reduce Salmonella contamination in raw poultry products. This follows a final determination to declare Salmonella an
… Continue Reading USDA Publishes Proposed Rule to Reduce Salmonella in Poultry Products

FDA Web Page Addresses Microplastics and Nanoplastics in Food

Posted on July 25, 2024
  • On July 24, 2024, the U.S. Food and Drug Administration (FDA) published its new web page that discusses microplastics and nanoplastics in food.  The new page includes information on
… Continue Reading FDA Web Page Addresses Microplastics and Nanoplastics in Food

9th Circuit Holds that State Law Claims Identical to Federal Claims are Not Preempted

Posted on July 24, 2024
  • Last month the U.S. Circuit Court of Appeals for the 9th Circuit reversed a lower court decision and held that claims based on the California Sherman Law, the CA
… Continue Reading 9th Circuit Holds that State Law Claims Identical to Federal Claims are Not Preempted

FSIS to Begin Testing for Allergens in Ready-To-Eat Foods

Posted on July 23, 2024
  • USDA’s Food Safety and Inspection Service (FSIS) will begin testing products for the presence of allergens in its new allergen verification sampling program. The sampling will occur at establishments
… Continue Reading FSIS to Begin Testing for Allergens in Ready-To-Eat Foods

FDA Study Confirms Pasteurization Kills Bird Flu Virus in Milk

Posted on July 18, 2024
  • Last month, the U.S. Food and Drug Administration released the findings of a groundbreaking study confirming that pasteurization is effective in killing the bird flu virus in milk and other
… Continue Reading FDA Study Confirms Pasteurization Kills Bird Flu Virus in Milk

2024 Spring Regulatory Agenda Released – Suggests Rulemaking Regarding N-acetyl-L-cysteine

Posted on July 17, 2024
  • Earlier this month, the White House’s Office of Information and Regulatory Affairs (OIRA) announced the release of the 2024 Spring Unified Regulatory Agenda. The unified agenda, which is published
… Continue Reading 2024 Spring Regulatory Agenda Released – Suggests Rulemaking Regarding N-acetyl-L-cysteine

Second Circuit Remands ‘Whole Wheat Flour’ Cracker Label Lawsuit

Posted on July 16, 2024
  • The Second Circuit vacated a New York federal court dismissal of a complaint regarding a misleading cracker box label (Law360 subscription required).  According to the Second Circuit, the district court
… Continue Reading Second Circuit Remands ‘Whole Wheat Flour’ Cracker Label Lawsuit

Complying with “Made in USA” Standards, Now a Little Easier and a Little Tougher

Posted on July 11, 2024
  • The FTC recently released Complying with the Made in USA Standard guidance, which further interprets the 2021 Made in USA Labeling Rule and the FTC’s 1997 Enforcement Policy Statement on
… Continue Reading Complying with “Made in USA” Standards, Now a Little Easier and a Little Tougher

Court Dismisses Challenge to Oklahoma’s Meat Labeling Law

Posted on July 10, 2024
  • Last month the U.S. District Court for the Western District of Oklahoma dismissed for lack of standing an amended complaint filed by the Plant Based Foods Association (PBFA) and the
… Continue Reading Court Dismisses Challenge to Oklahoma’s Meat Labeling Law

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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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