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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Chobani “Zero Sugar” Lawsuit Dismissed Due to Federal Preemption

Posted on June 9, 2025
  • On Thursday, May 29, 2025, Judge John J. Tharp, Jr. at the U.S. District Court for the Northern District of Illinois filed an order granting Chobani’s motion to dismiss a
… Continue Reading Chobani “Zero Sugar” Lawsuit Dismissed Due to Federal Preemption

Handel’s Accused of Hiding Synthetic Dyes in its “Homemade” Ice Cream

Posted on May 22, 2025
  • Yesterday, a proposed false advertising class action was filed in California against Handel’s, alleging the ice cream retailer claims its frozen treats are “homemade,” use “the best ingredients,” and follow
… Continue Reading Handel’s Accused of Hiding Synthetic Dyes in its “Homemade” Ice Cream

Summary Judgment Granted in Heavy Metals in Chocolate Class Action

Posted on April 1, 2025
  • A district court judge has granted (Law360 subscription required) Trader Joe’s motion for summary judgment in a class action lawsuit alleging that the company’s dark chocolate bars contain the heavy
… Continue Reading Summary Judgment Granted in Heavy Metals in Chocolate Class Action

9th Circuit Finds ‘Fruit Naturals’ Label Not Deceptive

Posted on November 26, 2024
  • The 9th Circuit Court of Appeals affirmed the dismissal (Law360 subscription required) of a class action alleging that Del Monte Foods, Inc., falsely advertised its “Fruit Naturals” fruit cups as
… Continue Reading 9th Circuit Finds ‘Fruit Naturals’ Label Not Deceptive

Illinois Judge Dismisses Microplastics in Water Suit

Posted on November 12, 2024
  • An Illinois federal judge has granted Danone Waters of America’s request to dismiss a proposed class action lawsuit alleging that Evian spring water is falsely labeled as “natural” even though
… Continue Reading Illinois Judge Dismisses Microplastics in Water Suit

Class Action Targets Naturally Flavored Claim in Cereal Bars with Malic Acid

Posted on October 23, 2024
  • Last week a proposed class action lawsuit was filed against Harris Teeter alleging that the company falsely and deceptively marketed a variety of flavored cereal bars as “naturally flavored with
… Continue Reading Class Action Targets Naturally Flavored Claim in Cereal Bars with Malic Acid

Plaintiff’s Attorney Spencer Sheehan Sanctioned

Posted on September 4, 2024
  • Spencer Sheehan is a Plaintiff’s attorney who has filed hundreds of class action lawsuits against food companies for allegedly deceptive labeling and marketing. A small percentage of these lawsuits survive
… Continue Reading Plaintiff’s Attorney Spencer Sheehan Sanctioned

Mondelēz Sued for Deceptive Cocoa Sustainability Labeling

Posted on August 27, 2024
  • Mondelēz International Inc. has been sued (Law360 subscription required) for allegedly using deceptive sustainability claims regarding its cocoa supply chain. According to the plaintiffs, Mondelēz’s supply chain “really contributes to
… Continue Reading Mondelēz Sued for Deceptive Cocoa Sustainability Labeling

Second Circuit Affirms Win for Defendants in Challenge to Glucosamine Labeling on Federal Preemption Grounds

Posted on August 21, 2024
  • Last week the United States Court of Appeals for the Second Circuit affirmed a grant of summary judgment for Defendants Walgreen Co. and International Vitamin Corporation (IVC) on preemption grounds
… Continue Reading Second Circuit Affirms Win for Defendants in Challenge to Glucosamine Labeling on Federal Preemption Grounds

Illinois Judge Dismisses Bottled Water False Ad Complaint

Posted on August 13, 2024
  • An Illinois federal judge dismissed a proposed class action (Law360 subscription required) alleging that water labeled as “100% Natural Spring Water” is misleading due to the presence of microplastics. According
… Continue Reading Illinois Judge Dismisses Bottled Water False Ad Complaint

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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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