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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Indiana Judge Rules Tacos and Burritos are “Sandwiches”

Posted on May 28, 2024
  • Earlier this month, Judge Bobay of Allen County Superior Court in Indiana has ruled that tacos and burritos are technically Mexican-style “sandwiches” as part of his ruling in a zoning
… Continue Reading Indiana Judge Rules Tacos and Burritos are “Sandwiches”

Dollar Tree Sued Over Lead-Contaminated Cinnamon

Posted on May 14, 2024
  • Greenbrier International, Inc., the parent company of Dollar Tree, has been sued over alleged lead contamination in ground cinnamon (Law360 subscription required). The lawsuit follows recalls of lead-tainted ground cinnamon
… Continue Reading Dollar Tree Sued Over Lead-Contaminated Cinnamon

USDA, FDA, EPA Release Joint Regulatory Plan for Biotechnology

Posted on May 9, 2024
  • In a press release issued on May 8, 2024, the U.S. Department of Agriculture (USDA) announced that has developed a joint regulatory plan with the U.S. Environmental Protection Agency (EPA)
… Continue Reading USDA, FDA, EPA Release Joint Regulatory Plan for Biotechnology

FDA Finalizes Ag Water Rule

Posted on May 7, 2024
  • On May 2, 2024, FDA published a final rule on agricultural water to enhance produce safety. The rule, titled Standards for the Growing, Harvesting, Packing, and Holding of Produce for
… Continue Reading FDA Finalizes Ag Water Rule

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 Releases Data on EMA Honey

Posted on April 16, 2024
  • On April 8, 2024, the U.S. Food and Drug Administration (FDA) released data from a 2022-2023 sampling assignment to test imported honey for economically motivated adulteration (EMA).  The sampling was
… Continue Reading FDA Releases Data on EMA Honey

FDA Publishes Draft Guidance on NDIN Master Files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  • On April 3, 2024, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance for industry titled “New Dietary Ingredient Notification Master Files for Dietary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

Gerber Explains Vitamin C Not Used as a Preservative in Baby Snacks

Posted on March 26, 2024
  • Gerber filed a memorandum (Law360 subscription required) in support of its motion to dismiss a proposed class action that claimed the company had falsely advertised its baby food snack products
… Continue Reading Gerber Explains Vitamin C Not Used as a Preservative in Baby Snacks

Pennsylvania Proposes to Ban Certain Food Additives

Posted on March 22, 2024
  • On March 18, 2024, Pennsylvania became the latest state to propose a ban of several food additives, citing alleged safety.
  • Pennsylvania’s HB 2116 proposes to ban the use of the
… Continue Reading Pennsylvania Proposes to Ban Certain Food Additives

FDA Publishes Stance on Titanium Dioxide in Food

Posted on March 12, 2024
  • On March 4, 2024, FDA published a webpage discussing the use of titanium dioxide (TiO2) as a color additive in foods. The webpage, which references a color additive petition requesting
… Continue Reading FDA Publishes Stance on Titanium Dioxide in Food

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