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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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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

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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

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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,

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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

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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,

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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,

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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. 

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

FDA Solicits Public Comment on Use of the Names of Dairy Foods in the Labeling of Plant-Based Products

Posted on September 28, 2018
  • 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

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Continue Reading FDA Solicits Public Comment on Use of the Names of Dairy Foods in the Labeling of Plant-Based Products

FDA Holds Public Meeting on Comprehensive, Multi-Year Nutrition Innovation Strategy

Posted on July 27, 2018
  • 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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Continue Reading FDA Holds Public Meeting on Comprehensive, Multi-Year Nutrition Innovation Strategy

Expanded FDA Electronic System Now Includes All Exports Lists

Posted on July 10, 2018
  • 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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Continue Reading Expanded FDA Electronic System Now Includes All Exports Lists

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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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