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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Wellness Supplement Sued Over ‘Immunity’ Claims

Posted on September 29, 2026
  • Vive Organic Inc. (Law360 subscription required) has been sued for allegedly deceptively marketing its wellness shots as “immunity boosting” and “doctor crafted” despite a lack of evidence that the product
… Continue Reading Wellness Supplement Sued Over ‘Immunity’ Claims

More Class Actions Allege ‘Zero Sugar’ Claims Misleading on Products Containing Allulose

Posted on September 22, 2026
  • Plaintiffs’ lawyers are continuing to file class action lawsuits alleging that “zero sugar” claims on products containing allulose are misleading consumers, with products ranging from dietary supplement gummies to candies
… Continue Reading More Class Actions Allege ‘Zero Sugar’ Claims Misleading on Products Containing Allulose

Cereal Company Sued for “Healthwashing”

Posted on September 15, 2026
  • Another cereal company has been hit with a lawsuit (Law360 subscription required) for labeling its product using the claims “0g total sugars,” “0g added sugar” and “no added sugar” despite
… Continue Reading Cereal Company Sued for “Healthwashing”

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

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Recent Updates

  • Governor Newsom Signs Bill for Non-UPF Certification Program
  • Lawmakers Demand Answers from USDA on Halting of Cyclospora Research
  • Wellness Supplement Sued Over ‘Immunity’ Claims
  • California Advances New Menu Disclosure Requirements and Excludes Supplements from Date Labeling Law
  • Governor Newsom Signs California Bill Requiring Disclosures of AI-generated Advertisements

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