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Legal and Regulatory updates for the food and supplement industry

Heavy Metals

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Summary Judgment Granted in Heavy Metals in Chocolate Class Action

Posted on April 1, 2025
  • A district court judge has granted (Law360 subscription required) Trader Joe’s motion for summary judgment in a class action lawsuit alleging that the company’s dark chocolate bars contain the heavy
… Continue Reading Summary Judgment Granted in Heavy Metals in Chocolate Class Action

FDA Announces “Operation Stork Speed”

Posted on March 31, 2025
  • On March 18, 2025, FDA announced that, at the direction of Health and Human Services Secretary Robert F. Kennedy Jr., it is “taking steps to enhance its efforts to ensure
… Continue Reading FDA Announces “Operation Stork Speed”

FDA Finalizes Lead Restrictions in Processed Foods for Babies and Young Children

Posted on January 13, 2025
  • On January 6, 2025, the U.S. Food & Drug Administration (FDA, or the Agency) issued a final guidance ,“Action Levels for Lead in Processed Food Intended for Babies and
… Continue Reading FDA Finalizes Lead Restrictions in Processed Foods for Babies and Young Children

California Law Requires Heavy Metals Testing and Disclosure for Baby Foods

Posted on November 1, 2024
  • In October 2023, Governor Newsom signed into law California’s AB 899, which requires that any baby food products sold or made in the state be tested for arsenic, cadmium,
… Continue Reading California Law Requires Heavy Metals Testing and Disclosure for Baby Foods

Consumer Reports Finds High Lead Levels in Snacks for Young Children

Posted on June 11, 2024
  • A Consumer Reports study found high lead levels in vegetable puffs made from cassava that are marketed as snacks for young children, with one puff containing more lead than any
… Continue Reading Consumer Reports Finds High Lead Levels in Snacks for Young Children

Senators Propose Heavy Metal Legislation with Product Testing Requirements   

Posted on May 22, 2024
  • Earlier this month, Senators Amy Klobuchar and Tammy Duckworth announced the introduction of legislation (the “Baby Food Safety Act of 2024”) intended to increase the safety of certain foods, including
… Continue Reading Senators Propose Heavy Metal Legislation with Product Testing Requirements   

20 States Urge FDA to Take Action on Heavy Metals in Baby Food

Posted on February 20, 2024
  • The attorneys general from 20 states sent a letter to FDA urging the agency to take official notice of three documents relating to lead in baby food in support of
… Continue Reading 20 States Urge FDA to Take Action on Heavy Metals in Baby Food

FDA Announces Update to Fruit Pouch Contamination Investigation

Posted on February 7, 2024
  • As our readers are likely aware, in November of last year, WanaBana voluntarily recalled apple cinnamon fruit pouches which were linked to acute lead toxicity in children. The products were
… Continue Reading FDA Announces Update to Fruit Pouch Contamination Investigation

Study Finds One-Third of Chocolate Contains High Levels of Heavy Metals

Posted on October 30, 2023
  • According to a recent Consumer Reports study, about one-third of chocolate contains high levels of lead and cadmium. The study tested 48 cacao-containing foods, including cocoa powder, chocolate chips,
… Continue Reading Study Finds One-Third of Chocolate Contains High Levels of Heavy Metals

Another Heavy Metal Lawsuit Dismissed

Posted on September 12, 2023
  • On September 11, 2023, a consumer class action lawsuit against Kroger for selling baby teething wafers with allegedly elevated levels of heavy metals was dismissed with leave to amend (Law360
… Continue Reading Another Heavy Metal Lawsuit Dismissed

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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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