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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

LABELING

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Illinois Judge Dismisses Bottled Water False Ad Complaint

Posted on August 13, 2024
  • An Illinois federal judge dismissed a proposed class action (Law360 subscription required) alleging that water labeled as “100% Natural Spring Water” is misleading due to the presence of microplastics. According
… Continue Reading Illinois Judge Dismisses Bottled Water False Ad Complaint

Second Circuit Remands ‘Whole Wheat Flour’ Cracker Label Lawsuit

Posted on July 16, 2024
  • The Second Circuit vacated a New York federal court dismissal of a complaint regarding a misleading cracker box label (Law360 subscription required).  According to the Second Circuit, the district court
… Continue Reading Second Circuit Remands ‘Whole Wheat Flour’ Cracker Label Lawsuit

Complying with “Made in USA” Standards, Now a Little Easier and a Little Tougher

Posted on July 11, 2024
  • The FTC recently released Complying with the Made in USA Standard guidance, which further interprets the 2021 Made in USA Labeling Rule and the FTC’s 1997 Enforcement Policy Statement on
… Continue Reading Complying with “Made in USA” Standards, Now a Little Easier and a Little Tougher

Court Dismisses Challenge to Oklahoma’s Meat Labeling Law

Posted on July 10, 2024
  • Last month the U.S. District Court for the Western District of Oklahoma dismissed for lack of standing an amended complaint filed by the Plant Based Foods Association (PBFA) and the
… Continue Reading Court Dismisses Challenge to Oklahoma’s Meat Labeling Law

Pasta False Ad Class Action Receives Certification

Posted on May 30, 2024
  • A California federal judge has certified a class action (Law360 subscription required) alleging that Barilla falsely labels its pasta as being made in Italy. We previously blogged on this case
… Continue Reading Pasta False Ad Class Action Receives Certification

Iowa Governor Signs ‘Meat Integrity Bill’

Posted on May 21, 2024
  • On May 15, 2024, Iowa Governor Kim Reynolds signed the Iowa Meat Integrity Bill (SF 2391) to require specific labels for cell-cultivated, plant-based, and insect-based meat and egg
… Continue Reading Iowa Governor Signs ‘Meat Integrity Bill’

Dollar Tree Sued Over Lead-Contaminated Cinnamon

Posted on May 14, 2024
  • Greenbrier International, Inc., the parent company of Dollar Tree, has been sued over alleged lead contamination in ground cinnamon (Law360 subscription required). The lawsuit follows recalls of lead-tainted ground cinnamon
… Continue Reading Dollar Tree Sued Over Lead-Contaminated Cinnamon

A Greener World Asks FSIS to Seek Input on “Free Range” and “Pasture-Raised” Claims

Posted on April 23, 2024
  • A Greener World (AGW) submitted comments asking FSIS to issue an Advanced Notice of Proposed Rulemaking (ANPR) regarding a petition to define “free range” and “pasture-raised” claims on meat and
… Continue Reading A Greener World Asks FSIS to Seek Input on “Free Range” and “Pasture-Raised” Claims

Supreme Court Declines to Review FDA Labeling Preemption for State Claims

Posted on April 18, 2024
  • The Supreme Court declined to review (Law360 subscription required) a First Circuit decision affirming dismissal of false advertising and consumer protection claims alleging that McNeil Nutritionals LLC misbranded Lactaid drug
… Continue Reading Supreme Court Declines to Review FDA Labeling Preemption for State Claims

FSIS Updates Guidelines for Label Approval

Posted on April 2, 2024
  • In March 2024, USDA’s Food Safety Inspection Service (FSIS) issued a revised guidance document to help establishments determine whether their labels must be submitted for approval. The revised guidance includes
… Continue Reading FSIS Updates Guidelines for Label Approval

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Recent Updates

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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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