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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Federal Judge Blocks Enforcement of West Virginia Color Additive Ban

Posted on January 6, 2026
  • A West Virginia federal judge has granted a preliminary injunction to temporarily block enforcement of the state’s ban on seven synthetic color additives, along with BHA and propylparaben. The judge
… Continue Reading Federal Judge Blocks Enforcement of West Virginia Color Additive Ban

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

Florida Sued Over 7-OH Ban

Posted on November 25, 2025
  • A group of plaintiffs has filed a lawsuit against the state of Florida following the state’s ban on 7-hydroxymitragynine (7-OH). In July 2025, the state issued an emergency rule, which
… Continue Reading Florida Sued Over 7-OH Ban

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

Motion to Dismiss Filed in Kratom Lawsuit  

Posted on October 22, 2025
  • A class action lawsuit filed earlier this year against Mitra-9 Brands, LLC, alleged that the company’s Kratom-containing seltzers, powders, and shots were falsely and misleadingly advertised, primarily because they failed
… Continue Reading Motion to Dismiss Filed in Kratom Lawsuit  

Meat Industry Moves to Intervene in Case Over Slaughterhouse Rules

Posted on October 21, 2025
  • The Meat and Poultry Products Industry Coalition (MPP), a group of trade associations representing the meat and poultry processing industries, has filed a motion to intervene (Law360 subscription required) in
… Continue Reading Meat Industry Moves to Intervene in Case Over Slaughterhouse Rules

Cultivated Meat Companies Sue Texas Over Ban

Posted on September 5, 2025
  • On September 1, 2025, cultivated meat companies Wild Type and UPSIDE filed suit in the U.S. District Court of the Western District of Texas, arguing that the state’s ban on
… Continue Reading Cultivated Meat Companies Sue Texas Over Ban

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

UPF Lawsuit Dismissed

Posted on August 26, 2025
  • A federal judge has dismissed a lawsuit claiming that several major food companies aggressively market “highly addictive, ultra-processed foods to children.” According to the judge, the plaintiff did not adequately
… Continue Reading UPF Lawsuit Dismissed

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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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