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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

LABELING

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Protein Shake Maker Sued over Cadmium Contamination

Posted on January 27, 2026
  • Jocko Fuel (Law360 subscription required) has been sued for allegedly falsely marketing its protein shake products as containing only “premium protein and functional ingredients” that are tested for safety despite
… Continue Reading Protein Shake Maker Sued over Cadmium Contamination

Celestial Seasonings Sued for “All Natural” Flavor Label

Posted on January 13, 2026
  • Celestial Seasonings, Inc. has been sued (Law360 subscription required) for allegedly falsely advertising its herbal teas as having “All Natural” flavors despite containing citric acid.
  • The complaint targets five specific
… Continue Reading Celestial Seasonings Sued for “All Natural” Flavor Label

USDA US-Origin Labeling Rule Now in Effect

Posted on January 8, 2026
  • As of January 1, 2026, the U.S. Department of Agriculture’s (USDA) final rule, addressing voluntary US-origin label claims for meat, poultry, and egg products, is now in effect.
  • The March
… Continue Reading USDA US-Origin Labeling Rule Now in Effect

Nabisco Reaches Settlement in ‘100% Whole Grain’ Litigation

Posted on December 16, 2025
  • A federal judge has approved (Law360 subscription required) a $10 million settlement over claims that Nabisco falsely advertised Wheat Thins crackers as containing “100% Whole Grains.”
  • The class action against
… Continue Reading Nabisco Reaches Settlement in ‘100% Whole Grain’ Litigation

Food Industry Sues Texas Over ‘Unconstitutional’ Make Texas Healthy Again Law

Posted on December 9, 2025
  • A group of food industry trade associations filed a complaint (Law360 subscription required) against the State of Texas on December 5, 2025, claiming that the recent “Make Texas Healthy Again
… Continue Reading Food Industry Sues Texas Over ‘Unconstitutional’ Make Texas Healthy Again Law

Wisconsin Introduces Food Additive Warning Label Bill

Posted on November 11, 2025
  • The Wisconsin State Assembly introduced Wisconsin Assembly Bill 550 (AB 550) on October 15, 2025. The bill proposes a mandate that manufacturers of packaged food products intended for human consumption
… Continue Reading Wisconsin Introduces Food Additive Warning Label Bill

Ninth Circuit Reverses Bioengineered Food Labeling Exemption for Highly Refined Foods

Posted on November 4, 2025
  • The Ninth Circuit has reversed (Law360 subscription required) a district court ruling exempting highly refined foods from the definition of a “bioengineered food.” As we previously blogged, in 2022,
… Continue Reading Ninth Circuit Reverses Bioengineered Food Labeling Exemption for Highly Refined Foods

Texas Proposes Regulation Implementing Warning Label Requirement

Posted on October 7, 2025
  • The Texas Department of State Health Services (DSHS) has published its proposed rule (see p. 29, 50 TexReg 6301) implementing The “Make Texas Healthy Again” law (SB25) that was signed
… Continue Reading Texas Proposes Regulation Implementing Warning Label Requirement

Bone Broth Company Sued for Allegedly Inflating Protein Amounts

Posted on September 2, 2025
  • A bone broth maker was sued in a proposed class action alleging that the company “took advantage of recent trends for high-protein foods by mislabeling the nutrient content of its
… Continue Reading Bone Broth Company Sued for Allegedly Inflating Protein Amounts

FTC Issues Warning Letters to Businesses and Platforms After Designating July “Made in the USA” Month

Posted on July 11, 2025
  • On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “‘Made in the USA’ Month,” and reiterated the Commission’s commitment to cracking down on deceptive MUSA claims.
  • The FTC
… Continue Reading FTC Issues Warning Letters to Businesses and Platforms After Designating July “Made in the USA” Month

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Recent Updates

  • Lawsuit Brought Against Kratom (Derivative) Products; FDA Suggests Relaxed Enforcement Against Kratom Products  
  • Protein Shake Maker Sued over Cadmium Contamination
  • FDA Releases Human Foods Program 2026 Priority Deliverables
  • US Grocers Request Extended Compliance Window for New SNAP Restrictions
  • FDA Issues RFI on Gluten-Cross Contact Issues

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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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