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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

CALIFORNIA

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Serial Plaintiff Shutdown

Posted on August 18, 2015

Judge dismisses proposed class action lawsuit filed by “serial plaintiff.” (subscription to Law360 required)

  • As previously covered on this blog, a lawsuit was filed in the “Food Court” in

…
Continue Reading Serial Plaintiff Shutdown

San Francisco Sugar Suit

Posted on July 30, 2015

Trade associations sue San Francisco over sugar-sweetened beverage legislation.

  • In June 2015, the City and County of San Francisco passed legislation that requires health warnings to be placed on advertising

…
Continue Reading San Francisco Sugar Suit

PHO Plaintiffs

Posted on July 20, 2015

Lawsuit proceeds on the premise that the use of PHOs in foods may violate California law. (subscription to Law360 required)

  • As previously covered on this blog, FDA recently issued

…
Continue Reading PHO Plaintiffs

BPA Listed

Posted on May 12, 2015

California panel votes unanimously to add BPA to the Proposition 65 list as a reproductive toxicant.

  • Proposition 65 is a “right to know” California statute that requires companies to provide

…
Continue Reading BPA Listed

Sugar Bill D.O.A.

Posted on May 5, 2015

California soda warning legislation dies in committee.

  • Sugar continues to be the target of public health scrutiny, particularly as excess consumption is linked to adverse health effects.  Government agencies and

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Continue Reading Sugar Bill D.O.A.

Sugar, Sugar

Posted on April 14, 2015

California and New York legislators consider warning labels for soda.

  • Sugar has been in the news again recently, particularly as the federal government works to prepare the 2015 Dietary Guidelines

…
Continue Reading Sugar, Sugar

“Made in America” Litigation Hits Hops

Posted on April 6, 2015

Beer producer sued over “Product of U.S.A.” claim on products purportedly made with imported hops. (subscription to Law360 required)

  • A product may bear a “Made in America”-type claim in

…
Continue Reading “Made in America” Litigation Hits Hops

Plaintiff Paydays on Pause

Posted on March 25, 2015

Continuing a trend, “all-natural” settlement includes no consumer payout.

  • As the food industry is well aware, numerous class action lawsuits continue to be filed in California and in other jurisdictions

…
Continue Reading Plaintiff Paydays on Pause

Prop 65 Precedent

Posted on March 19, 2015

California appellate court ruling paves the way for using average exposure calculations to determine applicability of Proposition 65 “safe harbor.”

  • Proposition 65 is a “right to know” California statute that

…
Continue Reading Prop 65 Precedent

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Recent Updates

  • Executive Order Targets “Made in America” Claims
  • USDA Grants More Waivers to Restrict SNAP Purchases
  • Class-Action Lawsuit Targets Absence of Artificial Preservatives Claims in Dog Food
  • TTB Releases Low and No Alcohol Beverage Guidance
  • Industry Group Challenges Prop. 65 DEA Warning in First Amendment Suit

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