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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Arguments Over Label of Kirkland ‘Black Raspberry’ Sparkling Water

Posted on February 28, 2022

Costco Artificial Flavoring Is A Lie, Court Told (Law360 Subscription Required)

  • A federal class action complaint, filed September 3, 2021, alleges the words “black raspberry flavor” and pictures of black

…
Continue Reading Arguments Over Label of Kirkland ‘Black Raspberry’ Sparkling Water

“Made With Milk Chocolate” Claims Dismissed

Posted on February 22, 2022
  • On February 17, 2022, the U.S. District Court of the Southern District of New York dismissed a lawsuit against Mars Wrigley Confectionery US, LLC (Mars) which alleged that Mars’ chocolate-coated

…
Continue Reading “Made With Milk Chocolate” Claims Dismissed

Slack Fill Class-Action Dismissed

Posted on February 15, 2022
  • The U.S. District Court for the Southern District of New York has dismissed with prejudice a class-action lawsuit that alleged that Annie Inc’s Bunny Fruit Snacks – Tropical Treat (the

…
Continue Reading Slack Fill Class-Action Dismissed

Proposed Class Sues Over “A Twist of Lemon” Claim

Posted on February 9, 2022
  • A proposed class action lawsuit filed on February 4 alleged that Poland Spring sparkling water, owned by BlueTriton Brands, Inc., misled consumers with the claim “a twist of lemon” because

…
Continue Reading Proposed Class Sues Over “A Twist of Lemon” Claim

FDA Clarifies Labeling Rules for Quantitative Claims About Sugar

Posted on January 24, 2022
  •  Consumer class action lawsuits against Goldfish-brand snacks (discussed here) and others have alleged that such products do not comply with 21 CFR § 101.60 (“Nutrient content claims for the

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Continue Reading FDA Clarifies Labeling Rules for Quantitative Claims About Sugar

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

Class-Action Against Whole Foods Dismissed

Posted on December 21, 2021
  • A class-action lawsuit filed by Spencer Sheehan which alleged that Whole Foods deceptively labeled its “Oats & Flax Instant Oatmeal” (sold under the 365 Everyday Value brand) has been dismissed

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Continue Reading Class-Action Against Whole Foods Dismissed

Litigation to Proceed Over Barilla Pasta Sauce with ‘No Preservatives’ Claim

Posted on December 13, 2021

Ill. Judge Trims Fraud Suit Targeting Barilla Pasta Sauce (subscription to Law360 required)

  • A proposed class action lawsuit filed against Barilla America Inc. in October 2018 alleges that consumers in

…
Continue Reading Litigation to Proceed Over Barilla Pasta Sauce with ‘No Preservatives’ Claim

Lawsuit Alleges Snack Lacks Real Wasabi

Posted on November 30, 2021
  • Earlier this month, a class-action lawsuit was filed against 7-Eleven, alleging that the company deceptively marketed its “Wasabi Delight Flavored Snack Mix” without including real wasabi in the product. Plaintiff’s

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Continue Reading Lawsuit Alleges Snack Lacks Real Wasabi

Lawsuit Challenges Fries Made with Cornmeal

Posted on November 23, 2021
  • On November 14, 2021, a class-action lawsuit was filed in an Illinois District Court against Inventure Foods, Inc. for allegedly falsely and deceptively marketing its Cheddar Cheese Flavored Crunchy Fries

…
Continue Reading Lawsuit Challenges Fries Made with Cornmeal

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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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