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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

LABELING

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Walmart’s Fudge Mint Class Action Permanently Dismissed

Posted on August 24, 2022
  • [UPDATED August 26, 2022: In a highly unusual twist, the order dismissing this case was reversed on August 24, 2022 (subscription to Law360 required).  The lawsuit and the

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Continue Reading Walmart’s Fudge Mint Class Action Permanently Dismissed

FDA Petitioned for Front-Of-Pack Nutrition Labeling

Posted on August 10, 2022
  • The Center for Science in the Public Interest (CSPI), the Association of SNAP Nutrition Education Administrators (ASNNA), and the Association of State Public Health Nutritionists (ASPHN) submitted a Citizen Petition

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Continue Reading FDA Petitioned for Front-Of-Pack Nutrition Labeling

Temporary Reprieve From French Ban on “Meaty” Words in Labeling of Plant-Based Foods

Posted on August 1, 2022
  •  We reported on the June 29, 2022 decree (in French) that prohibits the use of “sector-specific terminology traditionally associated with meat and fish” to describe plant-based products made in France. 

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Continue Reading Temporary Reprieve From French Ban on “Meaty” Words in Labeling of Plant-Based Foods

Gerber Argues FDA Preemption in Baby Food Lawsuit

Posted on July 15, 2022
  • In February 2021, the U.S. House of Representatives subcommittee on Economic and Consumer Policy released a report on the levels of heavy metals found in baby foods and the respective

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Continue Reading Gerber Argues FDA Preemption in Baby Food Lawsuit

France Restricts Labeling for Plant-Based Proteins

Posted on July 8, 2022
  • Beginning on October 1, 2022, plant-based meat alternative products in France will face new labeling challenges. The decree (in French) prohibits manufacturers of plant-based products from using “sector-specific terminology

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Continue Reading France Restricts Labeling for Plant-Based Proteins

Food Safety and Standards Authority of India Publishes New Regulations for Vegan Foods

Posted on July 6, 2022
  • On June 10, 2022, the Food Safety and Standards Authority of India (FSSAI) issued a notification regarding the definition and regulation of vegan foods. Most notably, a food product cannot

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Continue Reading Food Safety and Standards Authority of India Publishes New Regulations for Vegan Foods

Georgia Court Finds Dietary Supplement Labeling Claim within FDA’s Jurisdiction

Posted on June 29, 2022
  • On June 24, the Court of Appeals of Georgia held that Plaintiff Shawn Smith’s deceptive product labeling case raised questions best left to the FDA.
  • By way of background, in

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Continue Reading Georgia Court Finds Dietary Supplement Labeling Claim within FDA’s Jurisdiction

False Advertising Suit Over “Smoked” Gouda Continues

Posted on June 3, 2022
  • On May 27th, the United States District Court for the Northern District of Illinois Eastern Division granted in part and denied in part, Defendant’s motion to dismiss a

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Continue Reading False Advertising Suit Over “Smoked” Gouda Continues

Motion to Dismiss Amended Complaint in Morningstar Farms “Veggie” Product Labeling Suit

Posted on April 25, 2022

 Kellogg Says ‘Veggie’ Means ‘No Meat,’ Not ‘Vegetables’ (Law360 Subscription Required)

  • The judge in a proposed class action lawsuit before the Northern District of California dismissed the plaintiff’s initial complaint

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Continue Reading Motion to Dismiss Amended Complaint in Morningstar Farms “Veggie” Product Labeling Suit

Sugar Association Files Supplemental Petition Urging Regulatory Changes for Artificially Sweetened Foods

Posted on March 11, 2022
  • This week the Sugar Association submitted a Supplemental petition (“Supplement”) to FDA to further support the Association’s June 2020 petition Misleading Labeling Sweeteners and Request for Enforcement Action (“Petition”). 

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Continue Reading Sugar Association Files Supplemental Petition Urging Regulatory Changes for Artificially Sweetened Foods

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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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