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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

DIETARY SUPPLEMENTS

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California’s SB 1033 Would Require Heavy Metal Disclosures for Protein Products

Posted on February 13, 2026
  • On February 11, 2026, Sen. Padilla introduced SB 1033, which would establish new state-level testing and heavy metal disclosure requirements for bulk and packaged protein products sold in California.
… Continue Reading California’s SB 1033 Would Require Heavy Metal Disclosures for Protein Products

Senator Reintroduces Dietary Supplement Legislation

Posted on January 29, 2026
  • On January 15, 2026, Senator Dick Durbin reintroduced the Dietary Supplement Listing Act of 2026 (S.3677), which would require dietary supplement manufacturers to register their products with the
… Continue Reading Senator Reintroduces Dietary Supplement Legislation

FDA to Remove Requirement of Multiple-Panel DSHEA Disclaimers

Posted on December 12, 2025
  • On December 11, 2025, the U.S. Food and Drug Administration (FDA) issued a letter to the dietary supplement industry which clarifies the placement of the Dietary Supplement Health and Education
… Continue Reading FDA to Remove Requirement of Multiple-Panel DSHEA Disclaimers

FDA Issues Warning Letters for Products Containing 7-Hydroxymitragynine

Posted on July 21, 2025
  • On July 15, 2025, FDA sent warning letters to seven different companies for the illegal marketing of products containing 7-Hydroxymitagynine (7-OH). 7-OH is a naturally occurring chemical component of Kratom
… Continue Reading FDA Issues Warning Letters for Products Containing 7-Hydroxymitragynine

FDA Releases Educational Materials on the NDIN Process

Posted on June 12, 2025
  • Yesterday, the U.S. Food and Drug Administration (FDA) unveiled two educational videos and a supplemental fact sheet to help the dietary supplement industry with the New Dietary Ingredient Notification (NDIN)
… Continue Reading FDA Releases Educational Materials on the NDIN Process

Two Class Actions Target Supplement Promoted for Increasing GLP-1

Posted on April 4, 2025
  • A plaintiff has filed two class actions targeting a dietary supplement promoted as increasing GLP-1. One case is in federal court in New York, while the other is in California
… Continue Reading Two Class Actions Target Supplement Promoted for Increasing GLP-1

Supreme Court Declines to Review FDA Labeling Preemption for State Claims

Posted on April 18, 2024
  • The Supreme Court declined to review (Law360 subscription required) a First Circuit decision affirming dismissal of false advertising and consumer protection claims alleging that McNeil Nutritionals LLC misbranded Lactaid drug
… Continue Reading Supreme Court Declines to Review FDA Labeling Preemption for State Claims

FDA Publishes Draft Guidance on NDIN Master Files

Posted on April 8, 2024
  • On April 3, 2024, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance for industry titled “New Dietary Ingredient Notification Master Files for Dietary
… Continue Reading FDA Publishes Draft Guidance on NDIN Master Files

Reintroduced Bill Seeks Legal Pathway for CBD in Food

Posted on July 21, 2023
  • On July 20, U.S. Senators Ron Wyden, D-Ore., Rand Paul, R-Ky., and Jeff Merkley, D-Ore., and U.S. Representative Earl Blumenauer, D-Ore., reintroduced legislation, called the “Hemp Access and Consumer
… Continue Reading Reintroduced Bill Seeks Legal Pathway for CBD in Food

FDA Webinar Reiterates a New Regulatory Pathway Created by Federal Legislation is Required for CBD

Posted on June 5, 2023
  • A high-level internal working group that FDA convened to explore potential regulatory pathways for cannabidiol (CBD) products announced by way of a January 26, 2023 statement that existing regulatory pathways
… Continue Reading FDA Webinar Reiterates a New Regulatory Pathway Created by Federal Legislation is Required for CBD

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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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