- 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
DAIRY
Dairy Alternative Labeling Debate Continues
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- 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
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Class Action Alleges Food Produced in New York Misleadingly Suggests Icelandic Origin
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- 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,
Dairy Industry Urges FDA to Prohibit the Use of Traditional Dairy Terms on Plant-Based Products
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- 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
Ben & Jerry’s Sued Over “Happy Cows” Claim (subscription to Law360 required)
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- 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,
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‘Dairy Pride Act’ Introduced Again
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- 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,
Survey Assessing Level of Consumer Confusion Over Whether Plant-Based Products and Dairy Products Contain Cow’s Milk
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- 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.
FDA Solicits Public Comment on Use of the Names of Dairy Foods in the Labeling of Plant-Based Products
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- As previously reported on this blog, FDA has been considering whether plant-based products may continue to be marketed using names of dairy foods like almond milk, soy yogurt, or
FDA Holds Public Meeting on Comprehensive, Multi-Year Nutrition Innovation Strategy
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- In a March 29 speech at the National Food Policy Conference, FDA Comissioner Dr. Scott Gottlieb announced the Nutrition Innovation Strategy (NIS). Commissioner Gottlieb hopes to improve public health by:
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Expanded FDA Electronic System Now Includes All Exports Lists
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- The U.S. Food and Drug Authority (FDA) announced the launch of an electronic portal, Export Listing Module (ELM), for receiving and processing requests from FDA- regulated establishments that want
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