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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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2nd Circuit Finds Animal Groups Lack Standing to Challenge Swine Rule

Posted on April 21, 2026
  • A Second Circuit panel held that animal welfare groups do not have standing (Law360 subscription required) to sue USDA for the Agency’s revised practices for inspecting pigs at slaughterhouses.
  • The
… Continue Reading 2nd Circuit Finds Animal Groups Lack Standing to Challenge Swine Rule

Ninth Circuit Reinforces “Reasonable Consumer” Standard in Water Filter Advertising Case (Law 360 Subscription Required)

Posted on April 20, 2026
  • The Ninth Circuit on April 16, 2026, affirmed the dismissal of a proposed false advertising class action against The Brita Products Co., holding that no reasonable consumer would expect
… Continue Reading Ninth Circuit Reinforces “Reasonable Consumer” Standard in Water Filter Advertising Case (Law 360 Subscription Required)

100% Apple Juice Lawsuit Moves Forward

Posted on March 17, 2026
  • A federal judge in California has ruled that a class action lawsuit (Law360 subscription required) alleging that Tree Top mislabels some juice products as being “100% juice” despite containing synthetic
… Continue Reading 100% Apple Juice Lawsuit Moves Forward

Lawsuits Target Soy Lecithin and Xanthan Gum in Relation to “No Artificial Preservative” Claims

Posted on February 25, 2026
  • Plaintiffs’ attorney Spencer Sheehan has filed two very similar lawsuits in the New York Supreme Court (the court of general jurisdiction in New York), alleging that products containing soy lecithin
… Continue Reading Lawsuits Target Soy Lecithin and Xanthan Gum in Relation to “No Artificial Preservative” Claims

Class Certification Denied in ‘Smokehouse’ Almonds Suit

Posted on February 24, 2026
  • A federal judge has denied class certification (Law360 subscription required) in a lawsuit alleging that Blue Diamond Growers deceived its customers by describing its almonds as “smokehouse,” despite the characterizing
… Continue Reading Class Certification Denied in ‘Smokehouse’ Almonds Suit

Protein Shake Maker Sued over Cadmium Contamination

Posted on January 27, 2026
  • Jocko Fuel (Law360 subscription required) has been sued for allegedly falsely marketing its protein shake products as containing only “premium protein and functional ingredients” that are tested for safety despite
… Continue Reading Protein Shake Maker Sued over Cadmium Contamination

Celestial Seasonings Sued for “All Natural” Flavor Label

Posted on January 13, 2026
  • Celestial Seasonings, Inc. has been sued (Law360 subscription required) for allegedly falsely advertising its herbal teas as having “All Natural” flavors despite containing citric acid.
  • The complaint targets five specific
… Continue Reading Celestial Seasonings Sued for “All Natural” Flavor Label

Nabisco Reaches Settlement in ‘100% Whole Grain’ Litigation

Posted on December 16, 2025
  • A federal judge has approved (Law360 subscription required) a $10 million settlement over claims that Nabisco falsely advertised Wheat Thins crackers as containing “100% Whole Grains.”
  • The class action against
… Continue Reading Nabisco Reaches Settlement in ‘100% Whole Grain’ Litigation

11th Circuit Upholds Spencer Sheehan Attorney Fees Sanction

Posted on November 26, 2025
  • Spencer Sheehan is a lawyer well known for having brought many class-action lawsuits against food companies. The majority of his lawsuits have been dismissed and he has been sanctioned by
… Continue Reading 11th Circuit Upholds Spencer Sheehan Attorney Fees Sanction

Motion to Dismiss Filed in Kratom Lawsuit  

Posted on October 22, 2025
  • A class action lawsuit filed earlier this year against Mitra-9 Brands, LLC, alleged that the company’s Kratom-containing seltzers, powders, and shots were falsely and misleadingly advertised, primarily because they failed
… Continue Reading Motion to Dismiss Filed in Kratom Lawsuit  

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