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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Ninth Circuit Neutralizers

Posted on March 25, 2016

Ninth Circuit puts food labeling challenge on hold pending FDA action.

  • As food industry stakeholders are well aware, “natural” claims invite the risk of consumer class action challenges in the

…
Continue Reading Ninth Circuit Neutralizers

GM Updates: Chipotle & Congress

Posted on March 15, 2016

Chipotle non-GM claims challenged again in court.

  • As previously covered on this blog, a plaintiffs’ class action lawsuit was filed against Chipotle in connection with its nationwide advertising

…
Continue Reading GM Updates: Chipotle & Congress

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

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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

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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

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