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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Gerber Argues FDA Preemption in Baby Food Lawsuit

Posted on July 15, 2022
  • In February 2021, the U.S. House of Representatives subcommittee on Economic and Consumer Policy released a report on the levels of heavy metals found in baby foods and the respective

…
Continue Reading Gerber Argues FDA Preemption in Baby Food Lawsuit

Beyond Meat Sued Over Protein Content Claims

Posted on June 15, 2022
  • A proposed consumer class action lawsuit was filed against Beyond Meat, Inc. on June 10, alleging that the plant-based meat manufacturer embellished the amount of protein contained in its line

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Continue Reading Beyond Meat Sued Over Protein Content Claims

Class Action Lawsuits Follow in Wake of JIF Recall

Posted on June 14, 2022
  •  As many of our readers (and fellow peanut butter consumers) are likely aware, on May 20th J.M. Smucker Co. issued a voluntary recall of its JIF peanut butter products

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Continue Reading Class Action Lawsuits Follow in Wake of JIF Recall

Class Action Complaint filed in Eastern District of New York challenging “Natural” Dietary Supplements

Posted on June 10, 2022
  • The United States District Court of the Eastern District of New York received a class action complaint on May 31, 2022 regarding the usage of the term “natural” in Nordic

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Continue Reading Class Action Complaint filed in Eastern District of New York challenging “Natural” Dietary Supplements

“Fudge” Pop-Tarts Claims Dismissed

Posted on June 6, 2022

 Kellogg Escapes Class Action Over Fudge Ingredients (Law360 Subscription Required)

  • We reported on three substantively identical class action lawsuits filed in district courts in Illinois that allege products containing vegetable

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Continue Reading “Fudge” Pop-Tarts Claims Dismissed

False Advertising Suit Over “Smoked” Gouda Continues

Posted on June 3, 2022
  • On May 27th, the United States District Court for the Northern District of Illinois Eastern Division granted in part and denied in part, Defendant’s motion to dismiss a

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Continue Reading False Advertising Suit Over “Smoked” Gouda Continues

Pop-Tarts False Ad Lawsuit Permanently Dismissed

Posted on May 25, 2022
  • On May 24, an Illinois federal judge permanently dismissed a proposed class action that alleged Kellogg misled consumers to believe its Frosted Strawberry Pop-Tarts contained more strawberries than actually present

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Continue Reading Pop-Tarts False Ad Lawsuit Permanently Dismissed

False Fruit Labeling Claim Moves Forward

Posted on May 3, 2022
  • In an April 29, 2022 order, the U.S. District Court for the Northern District of California rejected Defendant BA Sports Nutrition, LLC’s motion for summary judgment as to Plaintiffs’

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Continue Reading False Fruit Labeling Claim Moves Forward

Baby Food Lawsuit Dismissed as “Simply Speculative”

Posted on April 27, 2022
  • On April 25, a New Jersey federal judge dismissed a putative class action lawsuit against baby food producer Sprout Foods, Inc. finding that the alleged harm was “simply speculative” (subscription

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Continue Reading Baby Food Lawsuit Dismissed as “Simply Speculative”

Motion to Dismiss Amended Complaint in Morningstar Farms “Veggie” Product Labeling Suit

Posted on April 25, 2022

 Kellogg Says ‘Veggie’ Means ‘No Meat,’ Not ‘Vegetables’ (Law360 Subscription Required)

  • The judge in a proposed class action lawsuit before the Northern District of California dismissed the plaintiff’s initial complaint

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Continue Reading Motion to Dismiss Amended Complaint in Morningstar Farms “Veggie” Product Labeling Suit

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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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