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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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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

Salted Green Beans Sued For “No Preservatives” Claim

Posted on November 24, 2021
  • On November 19, a proposed class of consumers sued Del Monte Foods Inc. in Illinois federal court over a “no preservatives” claim on its canned Farmhouse Cut Green Beans. The

…
Continue Reading Salted Green Beans Sued For “No Preservatives” Claim

Legal Victory for “Vegan Butter”

Posted on August 12, 2021
  • On August 10, 2021, the Northern District Court of California ruled (subscription to Law360 required) that California regulators cannot prevent Miyoko’s Kitchen, a vegan dairy-alternative company, from using terms

…
Continue Reading Legal Victory for “Vegan Butter”

Chobani Sued Over “Fair Trade” Claims

Posted on July 15, 2021
  • On July 12, 2021, private plaintiffs filed a proposed class action lawsuit (subscription to Law360 required) against Chobani LLC. The plaintiffs allege that Chobani misrepresented its certification from Fair Trade

…
Continue Reading Chobani Sued Over “Fair Trade” Claims

Whole Grain Claims to Include Whole Grain Content

Posted on April 30, 2021
  • On April 23, 2021, the Center for Science in the Public Interest (CSPI) announced that it had worked together with companies, including Sara Lee® and Thomas’®, to ensure that the

…
Continue Reading Whole Grain Claims to Include Whole Grain Content

Company Settles Case on Baking Process Claims

Posted on February 25, 2021
  • On February 16, 2021, the U.S. District Court for the Northern District of Illinois Eastern Division granted final approval of a class action settlement, incentive reward, and attorneys’ fees and

…
Continue Reading Company Settles Case on Baking Process Claims

National Advertising Division (NAD) Sides with Danone in Challenge of Chobani Comparative Sugar Claims

Posted on January 7, 2021
  • Danone US, LLC (“Danone”) has successfully challenged Chobani LLC (“Chobani”) before the National Advertising Division (NAD) of BBB National Programs for claiming that Chobani’s Less Sugar Greek Yogurt contains “45%

…
Continue Reading National Advertising Division (NAD) Sides with Danone in Challenge of Chobani Comparative Sugar Claims

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Recent Updates

  • Marketing Implications of California’s Proposition 12
  • AAFCO Comments on the Pet Food Institute’s Proposed New Federalized Regulatory System for Pet Food
  • American Beverage Association Comments on Plant-Based Milk Guidance
  • Salmonella Outbreak Linked to Papa Murphy’s Cookie Dough
  • Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)

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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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