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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Texas Attorney General Investigating “Healthy” Claims in Cereal

Posted on April 11, 2025
  • On April 5, 2025, Texas Attorney General Ken Paxton announced an investigation of W.K. Kellogg Co. (Kellogg) for potential violation of Texas consumer protection laws, alleging that Kellogg’s marketing of
… Continue Reading Texas Attorney General Investigating “Healthy” Claims in Cereal

Texas Senate Approves Two Bills Aimed at Artificial Food Additives

Posted on April 3, 2025
  • On March 12, the Texas Senate unanimously passed SB 25. While the bill, as currently drafted, does not ban the use of any food additives, it would require food
… Continue Reading Texas Senate Approves Two Bills Aimed at Artificial Food Additives

FDA Delays Effective Date for ‘Healthy’ Rule

Posted on February 25, 2025
  • FDA has delayed the effective date of the final rule on use of the term “healthy” in food labeling until April 28, 2025, in response to a presidential memorandum recommending
… Continue Reading FDA Delays Effective Date for ‘Healthy’ Rule

FDA to Hold Webinar on Updated “Healthy” Claim

Posted on January 28, 2025
  • FDA currently plans to hold a webinar on February 20, 2025, to provide an overview on the updated definition of the nutrient content claim “healthy.”
  • As we discussed on this
… Continue Reading FDA to Hold Webinar on Updated “Healthy” Claim

FDA To Publish Final Rule Defining “Healthy” Claims

Posted on December 20, 2024
  • On December 19, 2024, FDA released the pre-publication of the final rule updating the definition for the implied nutrient content claim, “healthy.” The final rule will be published in the
… Continue Reading FDA To Publish Final Rule Defining “Healthy” Claims

Consolidated Appropriations Act of 2024 Protects Food Companies Against Lawsuits Targeting Healthy Claims   

Posted on April 17, 2024
  • FDA is in the process of updating its regulatory definition of the term “healthy” when it appears as an implied nutrient content claim on food labels. See FDA’s proposed rule
… Continue Reading Consolidated Appropriations Act of 2024 Protects Food Companies Against Lawsuits Targeting Healthy Claims   

FDA Lists Regulations Under Development and Updates Priority Guidance Topics for Foods Program

Posted on January 25, 2024

• The U.S. Food and Drug Administration’s (FDA’s) Foods Program has posted a new website listing regulations it plans to publish by October 2024 and long-term regulations it is prioritizing…
Continue Reading FDA Lists Regulations Under Development and Updates Priority Guidance Topics for Foods Program

New Lawsuit Comes Amidst Push to Exclude Juice From “Healthy” Definition

Posted on April 3, 2023
  • We have reported on FDA’s proposed rule for when foods can be labeled with the claim “healthy”
… Continue Reading New Lawsuit Comes Amidst Push to Exclude Juice From “Healthy” Definition

Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)

Posted on March 8, 2023
  • On March 3, 2023, Judge Buchwald of the U.S. District Court for the Southern District of New York permanently tossed a proposed class action claiming that Pervine Foods’ FitCrunch protein
… Continue Reading Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)

FDA Asked to Allow “Healthy” Claims on Coffee

Posted on February 28, 2023
  • As we have previously blogged, last September FDA released a proposed rule with criteria for making “healthy” claims. In the proposed rule, FDA requested “comment on the eligibility of
… Continue Reading FDA Asked to Allow “Healthy” Claims on Coffee

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Recent Updates

  • FDA and HHS Solicit Comments on Deregulation
  • FDA Announces Plans for Post-Market Review of Chemicals in Food
  • Texas Launches Another Investigation into Healthy Claims in Cereals
  • FDA and HHS Announce Next Steps in “Operation Stork Speed”
  • FDA and NIH Launch Joint Nutrition Regulatory Science Program

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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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