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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Judge Denies Motion to Dismiss “Naturals” False Ad Lawsuit

Posted on October 4, 2023
  • A proposed putative class action lawsuit has been brought against the dietary supplement manufacturer, Nordic Naturals, Inc., and claims that the defendant has made false, misleading, and deceptive representations on
… Continue Reading Judge Denies Motion to Dismiss “Naturals” False Ad Lawsuit

Feta Cheese Class Action Alleging Misleading Geographic Origin Dismissed

Posted on September 25, 2023
  • A federal judge in New York dismissed a class action lawsuit alleging that a feta cheese package
… Continue Reading Feta Cheese Class Action Alleging Misleading Geographic Origin Dismissed

Court Denies Majority of Starbucks “Refresher” Motion to Dismiss

Posted on September 22, 2023
  • In a September 16 opinion, U.S. District Judge John P. Cronan denied the majority of Starbucks’ motion to dismiss a proposed class action lawsuit related to the allegedly misleading
… Continue Reading Court Denies Majority of Starbucks “Refresher” Motion to Dismiss

Another Heavy Metal Lawsuit Dismissed

Posted on September 12, 2023
  • On September 11, 2023, a consumer class action lawsuit against Kroger for selling baby teething wafers with allegedly elevated levels of heavy metals was dismissed with leave to amend (Law360
… Continue Reading Another Heavy Metal Lawsuit Dismissed

Kraft Heinz Agrees to Settle Suit Over Malic Acid Flavoring

Posted on September 1, 2023
  • The Kraft Heinz Co. has agreed to settle in principle a proposed class action lawsuit that claims the MiO brand drink mixes falsely claimed to contain only natural flavors on
… Continue Reading Kraft Heinz Agrees to Settle Suit Over Malic Acid Flavoring

Expert Testimony Rejected in California Heavy Metals Baby Food Lawsuit

Posted on August 28, 2023
  • We have observed that uncertainties about the levels of heavy metals in baby foods that are both safe and feasible could pose difficulties for plaintiffs in many of the consumer
… Continue Reading Expert Testimony Rejected in California Heavy Metals Baby Food Lawsuit

Splenda is Again the Subject of Legal News

Posted on August 21, 2023
  • As our readers may recall, a defamation lawsuit was filed on August 8, 2023 by TC Heartland
… Continue Reading Splenda is Again the Subject of Legal News

9th Circuit Affirms that Challenges to Allegedly Misleading Protein Claims Preempted

Posted on August 15, 2023
  • Yesterday the U.S. Court of Appeals for the Ninth Circuit affirmed (Law360 subscription required) the dismissal of two consolidated appeals on preemption grounds. In both cases, Plaintiffs had argued that
… Continue Reading 9th Circuit Affirms that Challenges to Allegedly Misleading Protein Claims Preempted

A&W Settles “Aged Vanilla” Class Action

Posted on August 11, 2023
  • A&W Concentrate Co. and Keurig Dr Pepper Inc. have agreed to settle a class action lawsuit that claims they falsely advertised their root beer and cream soda products as containing
… Continue Reading A&W Settles “Aged Vanilla” Class Action

California Judge Certifies Class in Bigelow Tea False Advertising Lawsuit

Posted on August 7, 2023
  • As previously covered on this blog, the Federal Trade Commission (FTC) adopted a final rule on
… Continue Reading California Judge Certifies Class in Bigelow Tea False Advertising Lawsuit

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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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