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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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POM & Coke: Trial by Jury

Posted on March 14, 2016

POM Wonderful pursues false advertising claim against Coca-Cola. (subscription to Law360 required)

  • As previously covered on this blog, POM Wonderful sued Coca-Cola in 2008 under the Lanham Act for

…
Continue Reading POM & Coke: Trial by Jury

Court Curbs Chipotle Case

Posted on February 8, 2016

Chipotle dodges non-GM class action lawsuit…for now.  (subscription to Law360 required)

  • In 2015, Chipotle Mexican Grill launched a nationwide advertising campaign premised on the chain’s pledge to serve food made

…
Continue Reading Court Curbs Chipotle Case

Yogurt Fight Gets Messy

Posted on January 12, 2016

Chobani’s latest ad campaign targets ingredients in Dannon and Yoplait products

  • Yoplait and Dannon have accused competitor Chobani of using false and misleading statements about their products in Chobani’s latest

…
Continue Reading Yogurt Fight Gets Messy

Tomato Toss

Posted on December 18, 2015

Federal judge tosses final claim in tomato farm’s lawsuit against FDA. (subscription to Law360 required)

  • In June 2008, FDA mistakenly linked a multistate Salmonella outbreak to tomatoes and warned consumers

…
Continue Reading Tomato Toss

Organic Challenges OK

Posted on December 7, 2015

California Supreme Court ruling opens door to “organic” labeling challenges. 

  • The U.S. Department of Agriculture (USDA) regulates organic production in the United States under the Organic Foods Production Act of

…
Continue Reading Organic Challenges OK

Postscripts

Posted on December 3, 2015

Parties settle “Made in USA” lawsuit in California. (subscription to Law360 required)

  • As previously covered on this blog, a product may bear a “Made in USA”-type (MIU) claim in accordance

…
Continue Reading Postscripts

Sweet Deal

Posted on November 23, 2015

Sugar and corn syrup producers settle their $1.1 billion false advertising lawsuit.

  • As recently covered on this blog, sugar and corn syrup producers have been waging a high-stakes courtroom

…
Continue Reading Sweet Deal

In Search of the Sweet Truth

Posted on November 17, 2015

Sugar industry wraps up case-in-chief against corn syrup group in false advertising lawsuit.

(subscription to Law360 required)

  • For years, the sugar and corn syrup industries have been battling it out

…
Continue Reading In Search of the Sweet Truth

Labeling Lawsuits: The Devil is in the Details?

Posted on November 4, 2015

Judge dismisses class action lawsuit, ruling that even prominent pictorial label representations may not necessarily mislead.  (subscription to Law360 required)

  • Much debate exists about the extent to which graphic or

…
Continue Reading Labeling Lawsuits: The Devil is in the Details?

Plaintiff Plausibility

Posted on October 6, 2015

Judge dismisses majority of claims in class action lawsuit due to implausible assertions by plaintiff. (subscription to Law360 required)

  • As the food industry is well aware, the “Food Court” (i.e.,

…
Continue Reading Plaintiff Plausibility

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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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