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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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FDA Release Results of Sampling of Retail Dairy-Free Dark Chocolate and Chocolate-Containing Products for Milk Allergen

Posted on September 19, 2024
  • On September 17, 2024, the U.S. Food and Drug Administration (FDA) released results from retail sampling of dark chocolate and chocolate-containing products labeled as “dairy free” that were collected and
… Continue Reading FDA Release Results of Sampling of Retail Dairy-Free Dark Chocolate and Chocolate-Containing Products for Milk Allergen

FDA Study Confirms Pasteurization Kills Bird Flu Virus in Milk

Posted on July 18, 2024
  • Last month, the U.S. Food and Drug Administration released the findings of a groundbreaking study confirming that pasteurization is effective in killing the bird flu virus in milk and other
… Continue Reading FDA Study Confirms Pasteurization Kills Bird Flu Virus in Milk

Michigan and West Virginia Propose Unpasteurized, Raw Milk Bills

Posted on March 29, 2024
  • In recent proposed legislation, Michigan (HB 5603) and West Virginia (HB 4911) have proposed allowing the sale of unpasteurized, raw milk within their respective states.  The
… Continue Reading Michigan and West Virginia Propose Unpasteurized, Raw Milk Bills

Legal Victory for “Vegan Butter”

Posted on August 12, 2021
  • On August 10, 2021, the Northern District Court of California ruled (subscription to Law360 required) that California regulators cannot prevent Miyoko’s Kitchen, a vegan dairy-alternative company, from using terms

…
Continue Reading Legal Victory for “Vegan Butter”

Dairy Alternative Labeling Debate Continues

Posted on March 26, 2021
  • As we previously reported, the National Milk Producers Federation (NMPF) filed a citizen petition with FDA in February 2019 requesting that the agency (1) enforce existing “imitation” labeling requirements

…
Continue Reading Dairy Alternative Labeling Debate Continues

Class Action Alleges Food Produced in New York Misleadingly Suggests Icelandic Origin

Posted on February 4, 2021
  • On January 23, 2021, plaintiffs filed a putative class action complaint in the United States District Court Southern District of New York against Icelandic Provisions, Inc. (“Company”), which sells Skyr,

…
Continue Reading Class Action Alleges Food Produced in New York Misleadingly Suggests Icelandic Origin

Dairy Industry Urges FDA to Prohibit the Use of Traditional Dairy Terms on Plant-Based Products

Posted on March 5, 2020
  • In a February 2020 letter, a group of 58 lawmakers urged FDA Commissioner Stephen Hahn to prohibit plant-based alternatives from labeling their products with traditional dairy terms.  The lawmakers noted

…
Continue Reading Dairy Industry Urges FDA to Prohibit the Use of Traditional Dairy Terms on Plant-Based Products

Ben & Jerry’s Sued Over “Happy Cows” Claim (subscription to Law360 required)

Posted on November 14, 2019
  • On October 29, 2019, Plaintiff James Ehlers, a former Vermont gubernatorial candidate, filed a proposed class action complaint in the federal U.S. District Court in Vermont.  In the complaint,

…
Continue Reading Ben & Jerry’s Sued Over “Happy Cows” Claim (subscription to Law360 required)

‘Dairy Pride Act’ Introduced Again

Posted on March 19, 2019
  • As previously reported on this blog, U.S. Senator Tammy Baldwin’s (D-WI) introduction of the Dairy Pride Act  in 2017 was met with controversy. On March 14, 2019, Sen. Baldwin,

…
Continue Reading ‘Dairy Pride Act’ Introduced Again

Survey Assessing Level of Consumer Confusion Over Whether Plant-Based Products and Dairy Products Contain Cow’s Milk

Posted on October 15, 2018
  • As previously reported in The Daily Intake, FDA has requested comments pertaining to consumer awareness and understanding of the use of milk and other dairy terms on plant-based alternatives. 

…
Continue Reading Survey Assessing Level of Consumer Confusion Over Whether Plant-Based Products and Dairy Products Contain Cow’s Milk

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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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