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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

CLAIMS

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USDA US-Origin Labeling Rule Now in Effect

Posted on January 8, 2026
  • As of January 1, 2026, the U.S. Department of Agriculture’s (USDA) final rule, addressing voluntary US-origin label claims for meat, poultry, and egg products, is now in effect.
  • The March
… Continue Reading USDA US-Origin Labeling Rule Now in Effect

FDA to Remove Requirement of Multiple-Panel DSHEA Disclaimers

Posted on December 12, 2025
  • On December 11, 2025, the U.S. Food and Drug Administration (FDA) issued a letter to the dietary supplement industry which clarifies the placement of the Dietary Supplement Health and Education
… Continue Reading FDA to Remove Requirement of Multiple-Panel DSHEA Disclaimers

USDA Releases Updated Guideline Regarding Animal-Raising and Environment-Related Claims on Meat and Poultry

Posted on August 30, 2024
  • On August 28, 2024, the U.S. Department of Agriculture (USDA) announced the availability of an updated guideline that makes recommendations to strengthen the documentation that supports animal-raising or environment-related claims
… Continue Reading USDA Releases Updated Guideline Regarding Animal-Raising and Environment-Related Claims on Meat and Poultry

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

A New Day for “Natural” Claims?

Posted on May 6, 2024
  • On May 2, the Second Circuit upheld summary judgment in favor of KIND in a nine year old lawsuit challenging “All Natural” claims. In Re KIND LLC, No. 22-2684-cv (2d
… Continue Reading A New Day for “Natural” Claims?

Second Circuit Reverses Dismissal of “Reef Friendly” Claims

Posted on November 6, 2023
  • Companies making “friendly” claims have found few friends in the past couple of years, and have just lost another one: the Second Circuit reversed a lower court’s dismissal of a
… Continue Reading Second Circuit Reverses Dismissal of “Reef Friendly” Claims

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

Boost Glucose Control Drinks Lawsuit Permanently Dismissed

Posted on November 14, 2022

 Nestle Dumps Boost Beverage False Ad Suit For Good (Law360 Subscription Required)

  • Earlier this year, a California federal judge dismissed without prejudice the second amended complaint in a proposed class

…
Continue Reading Boost Glucose Control Drinks Lawsuit Permanently Dismissed

FDA To Hold Session on Regulation of Animal Foods with Certain Claims

Posted on August 31, 2022
  • The FDA’s Center for Veterinary Medicine (CVM) announced that it will host a virtual listening session on October 18 regarding the Agency’s regulation of animal foods with certain types of

…
Continue Reading FDA To Hold Session on Regulation of Animal Foods with Certain Claims

Lawsuit Filed Over Claims About Ziploc Bags

Posted on January 10, 2022

 SC Johnson Sued Over Ziploc’s Food Preservation Claims (subscription to Law360 required)

  • A putative class action complaint was filed in the U.S. District Court for the Northern District of Illinois

…
Continue Reading Lawsuit Filed Over Claims About Ziploc Bags

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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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