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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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Organic Milk Producers Challenge USDA Milk-Pricing Regulation

Posted on May 14, 2026
  • On April 28, 2026, three federal lawsuits were filed by members of the Coalition for Organic Dairy Exemption (CODE), including Aurora Organic Dairy, Horizon Dairy, and CROPP Cooperative/Organic Valley, challenging
… Continue Reading Organic Milk Producers Challenge USDA Milk-Pricing Regulation

80,000 Pounds of Butter Recalled for Undeclared Milk Allergen Warning

Posted on November 15, 2024
  • On October 11, 2024, Costco issued a recall for nearly 80,000 pounds of its Kirkland Signature butter due to a labeling oversight.  Milk, classified as one of the nine major
… Continue Reading 80,000 Pounds of Butter Recalled for Undeclared Milk Allergen Warning

FDA Release Results of Sampling of Retail Dairy-Free Dark Chocolate and Chocolate-Containing Products for Milk Allergen

Posted on September 19, 2024
  • On September 17, 2024, the U.S. Food and Drug Administration (FDA) released results from retail sampling of dark chocolate and chocolate-containing products labeled as “dairy free” that were collected and
… Continue Reading FDA Release Results of Sampling of Retail Dairy-Free Dark Chocolate and Chocolate-Containing Products for Milk Allergen

FDA Study Confirms Pasteurization Kills Bird Flu Virus in Milk

Posted on July 18, 2024
  • Last month, the U.S. Food and Drug Administration released the findings of a groundbreaking study confirming that pasteurization is effective in killing the bird flu virus in milk and other
… Continue Reading FDA Study Confirms Pasteurization Kills Bird Flu Virus in Milk

USDA Publishes Final Rule on School Meals

Posted on April 25, 2024
  • On April 25, 2024, the U.S. Department of Agriculture (USDA) published a final rule updating the long-term school nutrition requirements, based on the goals of the Dietary Guidelines for Americans,
… Continue Reading USDA Publishes Final Rule on School Meals

Michigan and West Virginia Propose Unpasteurized, Raw Milk Bills

Posted on March 29, 2024
  • In recent proposed legislation, Michigan (HB 5603) and West Virginia (HB 4911) have proposed allowing the sale of unpasteurized, raw milk within their respective states.  The
… Continue Reading Michigan and West Virginia Propose Unpasteurized, Raw Milk Bills

Lab Study Shows Oral Antacid Drug Performs Differently When Mixed with Various Food Vehicles

Posted on July 20, 2023
  • Center for Drug Evaluation and Research (CDER) researchers recently conducted a study titled, The effect of food vehicles in vitro performance of pantoprazole sodium delayed release sprinkle formulation
… Continue Reading Lab Study Shows Oral Antacid Drug Performs Differently When Mixed with Various Food Vehicles

FDA to Reopen Comment Period for Guidance on Labeling of Plant-based Milk Alternatives

Posted on April 25, 2023
  • As we previously blogged, in February FDA published a long-awaited draft guidance document which laid out a voluntary framework on the labeling of plant-based milk alternatives. The guidance, which
… Continue Reading FDA to Reopen Comment Period for Guidance on Labeling of Plant-based Milk Alternatives

“Made with Real Milk” (Fat?) Lawsuit Dismissed

Posted on March 21, 2023
  • Yesterday a district court dismissed (Law360 subscription required) a class-action lawsuit which alleged that Ferrara Candy Company misled consumers into believing that their Brach Milk Maid caramels were made with
… Continue Reading “Made with Real Milk” (Fat?) Lawsuit Dismissed

FDA Releases Draft Guidance on Labeling of Plant-Based Milk Alternatives

Posted on February 24, 2023
  • On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance to ensure appropriate labeling of plant-based products that are marketed and sold as milk alternatives
… Continue Reading FDA Releases Draft Guidance on Labeling of Plant-Based Milk Alternatives

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Recent Updates

  • FDA Releases Report on Traceability Readiness Tabletop Exercises and Updates FAQs on Food Traceability Rule
  • Louisiana Enacts a Bill Delaying and Modifying Food Additive Disclosure Requirements
  • Oklahoma to Permit Expanded Raw Milk Sales
  • Louisiana enacts law imposing labeling requirements on cell-cultured food products
  • Written Opinion on SB 343 Constitutional Challenge Expected After Hearing

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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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