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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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“Made with Real Butter” Claim Challenged

Posted on September 20, 2022
  • A class-action lawsuit filed by Spencer Sheehan on September 18, 2022, alleges that an apple pie product advertised as “made with real butter” is deceptively advertised because its primary shortening

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Continue Reading “Made with Real Butter” Claim Challenged

Litigation to Proceed Over Strawberry Content in Kashi Cereal Bars

Posted on September 12, 2022

 Kashi Must Face Suit Over Pears In Strawberry Cereal Bars – Law360 (subscription to Law360 required)

  • As discussed here, a proposed consumer class action was filed in May of

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Continue Reading Litigation to Proceed Over Strawberry Content in Kashi Cereal Bars

Deceptive Advertising Lawsuit Targets Use of Malic Acid

Posted on September 7, 2022
  •  On September 4, 2022, a class-action lawsuit was filed against Conagra for allegedly deceptively advertising its “Chile Lemon Flavor Sunflower Seeds” by failing disclose that the product was artificially flavored

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Continue Reading Deceptive Advertising Lawsuit Targets Use of Malic Acid

Another Chocolate False Ad Lawsuit Dismissed

Posted on September 6, 2022
  • On August 30, U.S. District Judge Gary Feinerman dismissed a consumer class action lawsuit against Dreyer’s Grand Ice Cream Inc., the makers of Haagen-Dazs vanilla milk chocolate almond ice cream

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Continue Reading Another Chocolate False Ad Lawsuit Dismissed

Walmart’s Fudge Mint Class Action Permanently Dismissed

Posted on August 24, 2022
  • [UPDATED August 26, 2022: In a highly unusual twist, the order dismissing this case was reversed on August 24, 2022 (subscription to Law360 required).  The lawsuit and the

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Continue Reading Walmart’s Fudge Mint Class Action Permanently Dismissed

Class Action Alleges Feta Cheese Made in USA Misleadingly Suggests European Origin

Posted on August 22, 2022

 Feta Maker’s ‘Greek’ Claim Crumbles On Inspection, Suit Says (Law360 Subscription Required)

  • A plaintiff’s success in one of the proliferating class action lawsuits over geographic origin hinges on whether the

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Continue Reading Class Action Alleges Feta Cheese Made in USA Misleadingly Suggests European Origin

Whole Foods Rice Pilaf Slack Fill Lawsuit Dismissed

Posted on August 17, 2022
  • On August 16, a federal judge for the Northern District of Illinois granted Whole Foods Market’s (WFM) motion to dismiss a proposed class action lawsuit that alleged WFM violated consumer

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Continue Reading Whole Foods Rice Pilaf Slack Fill Lawsuit Dismissed

Lawsuit Alleges Plant Butter Deceptively Labeled

Posted on August 16, 2022
  • A class-action lawsuit has alleged that Upfield US Inc. deceptively labeled its “Country Crock Plant Butter” as “Made with Almond Oil” and with images of almonds on the principal display

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Continue Reading Lawsuit Alleges Plant Butter Deceptively Labeled

Chocolate False Advertisement Lawsuit Dismissed

Posted on July 26, 2022
  • A class action lawsuit which asserted various false advertisement claims related to the vegetable oil content of Costco’s chocolate almond dipped vanilla ice cream bars (the “product”) has been dismissed

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Continue Reading Chocolate False Advertisement Lawsuit Dismissed

Target Argues Consumer Deception is Implausible for Bright Red, Zero-Calorie, Water Enhancer

Posted on July 18, 2022

 Target Wants Juice Pouch Labeling Suit Popped (Law360 Subscription Required)

  • A federal class action complaint, filed June 22, 2022, alleges the words “Natural Flavor With Other Natural Flavor” directly below

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Continue Reading Target Argues Consumer Deception is Implausible for Bright Red, Zero-Calorie, Water Enhancer

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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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