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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Pasta False Ad Class Action Receives Certification

Posted on May 30, 2024
  • A California federal judge has certified a class action (Law360 subscription required) alleging that Barilla falsely labels its pasta as being made in Italy. We previously blogged on this case
… Continue Reading Pasta False Ad Class Action Receives Certification

Dollar Tree Sued Over Lead-Contaminated Cinnamon

Posted on May 14, 2024
  • Greenbrier International, Inc., the parent company of Dollar Tree, has been sued over alleged lead contamination in ground cinnamon (Law360 subscription required). The lawsuit follows recalls of lead-tainted ground cinnamon
… Continue Reading Dollar Tree Sued Over Lead-Contaminated Cinnamon

Supreme Court Declines to Review FDA Labeling Preemption for State Claims

Posted on April 18, 2024
  • The Supreme Court declined to review (Law360 subscription required) a First Circuit decision affirming dismissal of false advertising and consumer protection claims alleging that McNeil Nutritionals LLC misbranded Lactaid drug
… Continue Reading Supreme Court Declines to Review FDA Labeling Preemption for State Claims

Gerber Explains Vitamin C Not Used as a Preservative in Baby Snacks

Posted on March 26, 2024
  • Gerber filed a memorandum (Law360 subscription required) in support of its motion to dismiss a proposed class action that claimed the company had falsely advertised its baby food snack products
… Continue Reading Gerber Explains Vitamin C Not Used as a Preservative in Baby Snacks

Food Industry Group Files Brief in Support of GMO Labeling Rule

Posted on March 19, 2024
  • On March 15, 2024, the Consumer Brands Association (CBA) filed an amicus brief (Law360 subscription required) urging the 9th Circuit to keep a federal labeling rule allowing digital disclosure of
… Continue Reading Food Industry Group Files Brief in Support of GMO Labeling Rule

Blue Diamond “Smokehouse” Almonds Challenged

Posted on January 30, 2024
  • A class action filed January 28 in Pennsylvania alleges that Blue Diamond Growers’ “Smokehouse” almonds are deceptive because the products’ smoke flavors come primarily from synthesized liquid smoke, rather than
… Continue Reading Blue Diamond “Smokehouse” Almonds Challenged

Fiji Water Maker Sued Over Microplastics

Posted on January 23, 2024
  • An Illinois consumer has filed a proposed class action against The Wonderful Co. LLC, the bottler of Fiji Natural Artesian Water, claiming that the water contains microplastics. The claim alleges
… Continue Reading Fiji Water Maker Sued Over Microplastics

Prolific Plaintiff’s Lawyer Held in Contempt

Posted on December 8, 2023
  • Spencer Sheehan is an extraordinarily prolific plaintiff’s lawyer who works primarily in the food space. By his own count, he filed 440 class actions between 2020 and spring 2023. He
… Continue Reading Prolific Plaintiff’s Lawyer Held in Contempt

Plaintiff Asks Court to Revive Coors Light False Ad Suit

Posted on November 8, 2023
  • In a November 3 brief, a proposed class of buyers urged the Eleventh Circuit to revive its claims that MillerCoors deceptively marketed Coors Light as being exclusively brewed in
… Continue Reading Plaintiff Asks Court to Revive Coors Light False Ad Suit

Lawsuit Alleges Panera’s Caffeinated Lemonade Caused Death

Posted on October 24, 2023
  • Parents of a deceased college student filed a lawsuit against Panera Bread Company, alleging that the company’s “Charged Lemonade” caused the death of their daughter who suffered from a heart
… Continue Reading Lawsuit Alleges Panera’s Caffeinated Lemonade Caused Death

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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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