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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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TTB Releases Low and No Alcohol Beverage Guidance

Posted on March 10, 2026
  • The Alcohol and Tobacco Tax and Trade Bureau (TTB) has released guidance regarding low and no alcohol beverages via a presentation on the Agency’s website. The presentation provides an overview
… Continue Reading TTB Releases Low and No Alcohol Beverage Guidance

Class Certification Denied in ‘Smokehouse’ Almonds Suit

Posted on February 24, 2026
  • A federal judge has denied class certification (Law360 subscription required) in a lawsuit alleging that Blue Diamond Growers deceived its customers by describing its almonds as “smokehouse,” despite the characterizing
… Continue Reading Class Certification Denied in ‘Smokehouse’ Almonds Suit

Dunkin’ Refreshers Suit Dismissed; Labels Describe Flavor, Not Ingredients

Posted on February 10, 2026
  • A New York federal judge has dismissed a lawsuit (Law360 subscription required) claiming that Dunkin’ falsely advertised its “Refresher” beverages as containing real fruit. According to the judge, menu labels
… Continue Reading Dunkin’ Refreshers Suit Dismissed; Labels Describe Flavor, Not Ingredients

FDA Announces Update to “No Artificial Colors” Claims, Approves Two Color Additive Petitions

Posted on February 5, 2026
  • On February 5, 2026, FDA announced via a letter to food manufacturers that the Agency intends to exercise enforcement discretion regarding certain voluntary claims relating to the absence of certified
… Continue Reading FDA Announces Update to “No Artificial Colors” Claims, Approves Two Color Additive Petitions

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

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Recent Updates

  • USDA Grants More Waivers to Restrict SNAP Purchases
  • Class-Action Lawsuit Targets Absence of Artificial Preservatives Claims in Dog Food
  • TTB Releases Low and No Alcohol Beverage Guidance
  • Industry Group Challenges Prop. 65 DEA Warning in First Amendment Suit
  • Citizen Petition Calls for FDA to Disclose Company Names Associated with Foodborne Illness Outbreaks

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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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