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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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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

G M Oh-no

Posted on September 1, 2015

Chipotle sued over its allegedly deceptive non-GM advertising campaign.

  • As covered on our blog earlier this year, Chipotle Mexican Grill launched a nationwide advertising campaign premised on the chain’s pledge

…
Continue Reading G M Oh-no

PHOs: Pause for Primary Jurisdiction

Posted on August 20, 2015

California federal judge finds plausible state law cause of action, but stays trans fat lawsuit pending FDA’s consideration of PHO petition. (subscription to Law360 required)

  • As previously covered on this

…
Continue Reading PHOs: Pause for Primary Jurisdiction

Serial Plaintiff Shutdown

Posted on August 18, 2015

Judge dismisses proposed class action lawsuit filed by “serial plaintiff.” (subscription to Law360 required)

  • As previously covered on this blog, a lawsuit was filed in the “Food Court” in

…
Continue Reading Serial Plaintiff Shutdown

San Francisco Sugar Suit

Posted on July 30, 2015

Trade associations sue San Francisco over sugar-sweetened beverage legislation.

  • In June 2015, the City and County of San Francisco passed legislation that requires health warnings to be placed on advertising

…
Continue Reading San Francisco Sugar Suit

Cane Juice Conundrum Continues

Posted on July 21, 2015

FDA states that it will issue “evaporated cane juice” guidance by the end of 2016. 

  • For the past several years, food companies have faced putative class action lawsuits related to

…
Continue Reading Cane Juice Conundrum Continues

PHO Plaintiffs

Posted on July 20, 2015

Lawsuit proceeds on the premise that the use of PHOs in foods may violate California law. (subscription to Law360 required)

  • As previously covered on this blog, FDA recently issued

…
Continue Reading PHO Plaintiffs

GM Again, Naturally

Posted on June 10, 2015

“100% Natural” claim challenged on products that contain GM ingredient. (subscription to Law360 required)

  • As the food industry is well aware, lawsuits challenging “natural” claims continue to proliferate nationwide,

…
Continue Reading GM Again, Naturally

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