- A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that FDA and USDA nutrient content claim regulations violate First Amendment rights by preventing the inclusion of
LAWSUIT
Federal Court Dismisses UPF Lawsuit for Second Time
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- On June 30, 2026, the U.S. District Court for the Eastern District of Pennsylvania dismissed with prejudice an amended complaint which alleged that eleven producers of “Ultra Processed Foods” (UPFs)
Federal Judge Vacates Five State SNAP Waivers
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- On June 22, 2026, the United States District Court for the District of Columbia vacated Supplemental Nutrition Assistance Program (SNAP) waivers that USDA had granted to Colorado, Iowa, Nebraska, Tennessee,
Dietary Supplement Companies, Natural Medicine Group Sue FDA Over Health Claims
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- A group of dietary supplement companies, joined by an alternative medicine advocacy group, sued FDA (Law360 subscription required) for allegedly violating First Amendment commercial speech protections when the Agency blocked
Class Certification Denied in ‘Smokehouse’ Almonds Suit
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- A federal judge has denied class certification (Law360 subscription required) in a lawsuit alleging that Blue Diamond Growers deceived its customers by describing its almonds as “smokehouse,” despite the characterizing
Dunkin’ Refreshers Suit Dismissed; Labels Describe Flavor, Not Ingredients
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- A New York federal judge has dismissed a lawsuit (Law360 subscription required) claiming that Dunkin’ falsely advertised its “Refresher” beverages as containing real fruit. According to the judge, menu labels
Federal Judge Blocks Enforcement of West Virginia Color Additive Ban
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- 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
Nabisco Reaches Settlement in ‘100% Whole Grain’ Litigation
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- 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
Food Industry Sues Texas Over ‘Unconstitutional’ Make Texas Healthy Again Law
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- 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
Florida Sued Over 7-OH Ban
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- 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