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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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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

Lawsuit Against Starbucks Dismissed; Sanctions Against Plaintiff’s Attorney Considered

Posted on August 1, 2023
  • Last month the U.S. District Court for the Northern District of New York dismissed a class-action lawsuit filed by Spencer Sheehan which alleged that Starbucks coffee labeled as “100% Arabica”
… Continue Reading Lawsuit Against Starbucks Dismissed; Sanctions Against Plaintiff’s Attorney Considered

Summary Judgment for Champion Petfoods Affirmed in Heavy Metals Class Action Lawsuit

Posted on June 12, 2023
  • In May 2017, following a poor rating of its premium-priced dog food by the Clean Label Project,
… Continue Reading Summary Judgment for Champion Petfoods Affirmed in Heavy Metals Class Action Lawsuit

Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)

Posted on May 24, 2023
  • On May 19, Coca-Cola filed a motion to dismiss in an Illinois federal court, requesting the judge to throw out a proposed class action alleging it misleads consumers into thinking
… Continue Reading Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)

Defense Victory in Mislabeling Lawsuit Affirmed on Preemption Grounds

Posted on May 16, 2023
  • On May 11, 2023, the U.S. Court of Appeals for the 9th Circuit affirmed the District Court’s grant of summary judgment in favor of Walmart and International Vitamin Corporation
… Continue Reading Defense Victory in Mislabeling Lawsuit Affirmed on Preemption Grounds

Court Upholds Dismissal of Lawsuit Challenging “Just Fruit” Claim

Posted on May 2, 2023
  • On April 28, 2023, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s decision to dismiss a lawsuit against Kroger which alleged that the company falsely
… Continue Reading Court Upholds Dismissal of Lawsuit Challenging “Just Fruit” Claim

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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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