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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Barilla’s Motion to Dismiss False Ad Class Action Denied

Posted on October 19, 2022

On October 17, U.S. Magistrate Judge Donna M. Ryu denied Barilla America Inc.’s motion to dismiss a putative class action lawsuit that accused it of falsely representing its pastas as

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Continue Reading Barilla’s Motion to Dismiss False Ad Class Action Denied

$15 Million Settlement in Post Cereal Lawsuit

Posted on March 1, 2021

Post Sugary Cereal Buyers Get Ok on $15M False Ad Deal (subscription to Law360 required)

On February 24, 2021, a California federal judge tentatively approved a settlement over nutrition-related claims

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Continue Reading $15 Million Settlement in Post Cereal Lawsuit

Federal Judge Dismisses False Advertising Claims Involving Packaging for ‘Chairman’s Reserve Prime Pork’ Where USDA Does Not Offer a ‘Prime’ Grade for Pork

Posted on June 29, 2020

No Meat to Tyson ‘Prime Pork’ False Ad Suit, Judge Says (subscription to Law360 required)

USDA grading and quality symbols are available to provide information to consumers about USDA graded

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Continue Reading Federal Judge Dismisses False Advertising Claims Involving Packaging for ‘Chairman’s Reserve Prime Pork’ Where USDA Does Not Offer a ‘Prime’ Grade for Pork

US District Court Refuses to Dismiss Proposed Class Action Against Godiva Over “Belgium 1926” Claim for Chocolate Made in the U.S.

Posted on June 1, 2020

Godiva Can’t Slip Suit Over Using ‘Belgium 1926’ on Labels (subscription to Law360 required)

A proposed class action lawsuit filed against Godiva Chocolatier in January 2019 alleges that consumers in

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Continue Reading US District Court Refuses to Dismiss Proposed Class Action Against Godiva Over “Belgium 1926” Claim for Chocolate Made in the U.S.

False Advertisement and Unjust Enrichment Claims Against Kombucha Brewer Dismissed for Lack of Notice and Lack of Conferred Benefit

Posted on March 25, 2020

In Amos v. Brew Dr. Kombucha, LLC, Case No. 3:19-cv-01663-JR, an Oregon magistrate judge recommended the dismissal of a class action lawsuit which alleged that Defendant Brew Dr. Kombucha,

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Continue Reading False Advertisement and Unjust Enrichment Claims Against Kombucha Brewer Dismissed for Lack of Notice and Lack of Conferred Benefit

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Codi Coulter
Keller and Heckman LLP
Lauren Haas
Kaitlyn Johnson
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Richard F. Mann
Evangelia C. Pelonis
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Frederick A. Stearns

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Recent Updates

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FDA Announces Red No. 3 Authorizations to be Revoked as Matter of Law, not Safety
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FDA Releases Draft Guidance for Low-Moisture Ready-to-Eat Foods

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