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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

LABELING

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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

Gerber Explains Vitamin C Not Used as a Preservative in Baby Snacks

Posted on March 26, 2024
  • Gerber filed a memorandum (Law360 subscription required) in support of its motion to dismiss a proposed class action that claimed the company had falsely advertised its baby food snack products
… Continue Reading Gerber Explains Vitamin C Not Used as a Preservative in Baby Snacks

USDA FSIS Final Rule for Voluntary “Product of the USA” Claims

Posted on March 15, 2024
  • On March 11, 2024, at the National Farmers Union Annual Convention, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced the final rule to align the voluntary “Product of USA”
… Continue Reading USDA FSIS Final Rule for Voluntary “Product of the USA” Claims

Fiji Water Maker Sued Over Microplastics

Posted on January 23, 2024
  • An Illinois consumer has filed a proposed class action against The Wonderful Co. LLC, the bottler of Fiji Natural Artesian Water, claiming that the water contains microplastics. The claim alleges
… Continue Reading Fiji Water Maker Sued Over Microplastics

Texas Urges Federal Court to Toss Tofurky Challenge of Labeling Law

Posted on January 5, 2024
  • Officials are urging a federal court to dismiss Tofurky’s challenge of Texas’s new food labeling law, arguing that the plant-based meat maker has only made “hypothetical” allegations and lacks standing.
… Continue Reading Texas Urges Federal Court to Toss Tofurky Challenge of Labeling Law

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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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