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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

Food Labeling

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Sen. Schumer Calls for FDA Investigation into PRIME’s Energy Drink Caffeine Content and Marketing Tactics

Posted on July 12, 2023
  • On July 9, 2023, Senator Schumer (D-NY) called for the FDA to investigate “PRIME” energy drinks due to their high caffeine content and direct marketing to children and teenagers.
  • PRIME
… Continue Reading Sen. Schumer Calls for FDA Investigation into PRIME’s Energy Drink Caffeine Content and Marketing Tactics

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

FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact

Posted on May 18, 2023
  • On May 16, FDA released a draft Compliance Policy Guide, “Sec. 555.250: Major Food Allergen Labeling and Cross-contact,” to provide guidance for FDA staff on the Agnecy’s enforcement policy regarding
… Continue Reading FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact

House Energy and Commerce Committee Introduces Food Labeling Modernization Act of 2023

Posted on May 4, 2023
  • On April 26, House Energy Commerce Committee Member Pallone (D-NJ) and Senator Blumenthal (D-CT) introduced the Food Labeling Modernization Act of 2023 (FLMA). The bill would update front-of-package
… Continue Reading House Energy and Commerce Committee Introduces Food Labeling Modernization Act of 2023

FDA Issues Request for Information on Food Labeling in Online Grocery Shopping

Posted on April 24, 2023
  • FDA’s first action concerning the labeling of “online grocery” was a 2007 ‘‘Dear Manufacturer’’ letter that recommended consistency with FDA’s current regulatory requirements for labeling of food packages.  Subsequently, FDA’s
… Continue Reading FDA Issues Request for Information on Food Labeling in Online Grocery Shopping

FDA Issues Draft Guidance on Dietary Guidance Statements on Food Labels

Posted on March 27, 2023
  • FDA has long recognized the use in food labeling of Dietary Guidance Statements (e.g., fruits and vegetables are part of a nutritious dietary pattern) as a tool that could
… Continue Reading FDA Issues Draft Guidance on Dietary Guidance Statements on Food Labels

Chocolate Manufacturer Responds to Consumer Class Action for Heavy Metals (Law360 Subscription Required)

Posted on March 15, 2023
  • On March 10, Hershey Company filed a motion to dismiss a consumer class action suit which claimed that its chocolate contained toxic substances. Hershey maintains that it “never promised, in
… Continue Reading Chocolate Manufacturer Responds to Consumer Class Action for Heavy Metals (Law360 Subscription Required)

Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products

Posted on December 9, 2022

Pepsi Falsely Touts ‘No Preservatives’ In Izze Drinks, Suit Says (Subscription to Law360 required)

  • On December 1, PepsiCo and the equity firm behind Tropicana, PAI Partners, Inc., were named defendants

…
Continue Reading Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products

Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed

Posted on December 2, 2022

Kroger Hit With False Ad Suit Over ‘Naturally Flavored’ Water (Law360 Subscription Required)

  • On November 28, a putative class action suit filed in Ohio federal court alleges that The Kroger

…
Continue Reading Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed

Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed

Posted on October 31, 2022
  • On October 22, a California federal judge found that a proposed consumer class failed to show that calling a product “milk-based” is deceptive when milk is one, but not the

…
Continue Reading Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed

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