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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Grounds for ‘Gluten-Free’

Posted on November 18, 2015

FDA Proposes Rule on ‘Gluten-Free’ Requirements for Fermented, Hydrolyzed and Distilled Foods

  • In August 2013, FDA issued a final rule on voluntary “gluten-free” food labeling.  The final rule defined “gluten-free”

…
Continue Reading Grounds for ‘Gluten-Free’

Naturally Modified

Posted on November 12, 2015

Food producer settles class action lawsuit involving “all natural” claims for cooking oil made from GM crops.

  • Challenges to “natural” claims continue to proliferate in court rooms across the United

…
Continue Reading Naturally Modified

The Nuances of “Natural”

Posted on November 10, 2015

FDA requests comments on “natural” definition.

  • As food industry stakeholders are well aware, the use of the term “natural” in food labeling and advertising is fraught with ambiguity and risk

…
Continue Reading The Nuances of “Natural”

Eye on the EU: Health & Nutrition Claim Regulation

Posted on October 23, 2015

European Commission publishes roadmap to evaluate regulation on health and nutrition claims.

  • As part of its policy to promote “better regulation,” the European Commission recently announced its plan to evaluate

…
Continue Reading Eye on the EU: Health & Nutrition Claim Regulation

Substantiation Showdown

Posted on October 2, 2015

Bayer prevails over FTC in case addressing claim substantiation for dietary supplements.

  • In the dietary supplement advertising area, the Federal Trade Commission (FTC) takes enforcement action where companies lack “competent

…
Continue Reading Substantiation Showdown

Made in America (even in California)

Posted on September 24, 2015

California abandons “zero-tolerance” approach to foreign content in products bearing “Made in USA” claims.

  • As previously covered on this blog, a product may bear a “Made in USA”-type (MIU)

…
Continue Reading Made in America (even in California)

Non-GMO News

Posted on September 23, 2015

NSF International announces new Non-GMO certification program.

  • As the food industry knows, “Non-GMO” claims — i.e., claims advertising the non-use of genetic modification (GM) in food production — have become

…
Continue Reading Non-GMO News

Free-dom

Posted on September 9, 2015

Market research firm reports on “free from” trend in snack foods.

  • For years, the food industry has been looking for ways to eliminate or reduce the production of foods that

…
Continue Reading Free-dom

FDA Burns Tobacco

Posted on August 28, 2015

FDA issues Warning Letters to three tobacco manufacturers regarding “additive-free” and “natural” claims.

  • FDA has the authority to regulate various tobacco products (cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco)

…
Continue Reading FDA Burns Tobacco

“Local” News

Posted on August 4, 2015

“Local” claims could become latest trend in food labeling.

  • For years, food marketers have relied on claims such as “organic” and “natural” to attract consumers in the marketplace.  “Non-GMO” claims

…
Continue Reading “Local” News

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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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