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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Posted on January 25, 2023
  • On January 17, a California federal judge denied Costco Wholesale Corp.’s motion to dismiss a class action complaint that alleged the “dolphin-safe” claim on Costco’s canned tuna is false, deceptive,
… Continue Reading Costco’s Motion to Dismiss Misleading “Dolphin-Safe” Canned Tuna Class Action Denied

Plaintiffs Allege Failure to Declare Presence of Additives on Sparkling Water Label is Misleading

Posted on January 18, 2023
  • On January 16, consumer plaintiffs filed a class action lawsuit against The Coca-Cola Company alleging that their Fresca Sparkling Soda Water misleads consumers to believe the beverages contain no added
… Continue Reading Plaintiffs Allege Failure to Declare Presence of Additives on Sparkling Water Label is Misleading

Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed

Posted on January 4, 2023
  • In a December 30 order, an Illinois federal judge dismissed a proposed class action lawsuit against Target which alleged that the brand’s Market Pantry “fruit punch” flavored concentrated liquid
… Continue Reading Target’s Fruit Punch Water Enhancer Class Action Permanently Dismissed

Baby Food Lawsuit Dismissed for Relying on “Inferential Leaps”

Posted on October 26, 2022
  • On October 21, a federal judge dismissed a proposed class action complaint against baby and toddler food producer, Sprout Foods Inc. (subscription to Law360 required). In their amended complaint,

…
Continue Reading Baby Food Lawsuit Dismissed for Relying on “Inferential Leaps”

Beyond Meat Sued Over Protein Content Claims

Posted on June 15, 2022
  • A proposed consumer class action lawsuit was filed against Beyond Meat, Inc. on June 10, alleging that the plant-based meat manufacturer embellished the amount of protein contained in its line

…
Continue Reading Beyond Meat Sued Over Protein Content Claims

Preliminary Injunction Upheld on New Prop 65 Acrylamide Warning Label Suits

Posted on March 21, 2022

 9th Circ. Blocks New Prop 65 Acrylamide Warning Label Suits (subscription to Law360 required)

  • As previously covered on this blog, on March 29, 2021, the U.S. District Court for

…
Continue Reading Preliminary Injunction Upheld on New Prop 65 Acrylamide Warning Label Suits

10th Circuit Confirmed Dismissal of “Product of USA” Beef Lawsuits

Posted on March 16, 2022
  • On March 11, the Tenth Circuit dismissed a pair of lawsuits that alleged Tyson Foods, Inc., Cargill Meat Solutions, Corp., JBS USA Food Company, and National Beef Packing Company, LLC,

…
Continue Reading 10th Circuit Confirmed Dismissal of “Product of USA” Beef Lawsuits

Proposed Class Sues Over “A Twist of Lemon” Claim

Posted on February 9, 2022
  • A proposed class action lawsuit filed on February 4 alleged that Poland Spring sparkling water, owned by BlueTriton Brands, Inc., misled consumers with the claim “a twist of lemon” because

…
Continue Reading Proposed Class Sues Over “A Twist of Lemon” Claim

Legal Challenge to BE Food Disclosure Standard

Posted on January 4, 2022
  • Last year several food organizations, including the Center for Food Safety and Natural Grocers among others, filed a motion for summary judgment seeking to invalidate USDA’s national bioengineered (BE) food

…
Continue Reading Legal Challenge to BE Food Disclosure Standard

Organic Advocates Ask CA Judge to Remand the NBFDS

Posted on December 1, 2021
  • On November 23, organic food industry groups and advocates filed a Motion for Summary Judgment asking a California federal judge to declare the USDA’s National Bioengineered Food Disclosure Standard (NBFDS)

…
Continue Reading Organic Advocates Ask CA Judge to Remand the NBFDS

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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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