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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

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FDA Releases Draft Guidance on Labeling of Plant-Based Milk Alternatives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  • On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance to ensure appropriate labeling of plant-based products that are marketed and sold as milk alternatives
… Continue Reading FDA Releases Draft Guidance on Labeling of Plant-Based Milk Alternatives

Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed

Posted on October 31, 2022
  • On October 22, a California federal judge found that a proposed consumer class failed to show that calling a product “milk-based” is deceptive when milk is one, but not the

…
Continue Reading Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed

Recall of Deficient Infant Formula

Posted on June 17, 2021
  • Designed By Nature announced June 14, 2021 that it is recalling its Goat’s Milk Powder, Cow’s Milk Powder, and Base Milk Powder formulas with an expiration date between May 1,

…
Continue Reading Recall of Deficient Infant Formula

Dairy Alternative Labeling Debate Continues

Posted on March 26, 2021
  • As we previously reported, the National Milk Producers Federation (NMPF) filed a citizen petition with FDA in February 2019 requesting that the agency (1) enforce existing “imitation” labeling requirements

…
Continue Reading Dairy Alternative Labeling Debate Continues

Sargento Foods Faces Two Labeling Suits Regarding “No Antibiotics” Claims on Cheeses

Posted on February 5, 2021
  • Two lawsuits filed against Sargento Foods in December 2020 (Phan v. Sargento Foods Inc., No. 5:20-cv-09251 (N.D. Ca.)) and January 2021 (Beyond Pesticides v. Sargento Foods,

…
Continue Reading Sargento Foods Faces Two Labeling Suits Regarding “No Antibiotics” Claims on Cheeses

FDA Releases Results on Sampling of “Dairy-Free” Dark Chocolate for Milk Allergen

Posted on October 2, 2020
  • On October 1, 2020, the U.S. Food and Drug Administration (FDA) published the results of its sampling project on domestically manufactured dark chocolate bars and dark chocolate chips labeled with

…
Continue Reading FDA Releases Results on Sampling of “Dairy-Free” Dark Chocolate for Milk Allergen

Virginia Governor Vetoes Bill Prohibiting Plant-Based “Milk”

Posted on April 15, 2020
  • On April 11, Virginia Governor Ralph Northam vetoed a bill that would have limited the use of the term “milk.” HB 119 was introduced to the Virginia House on December

…
Continue Reading Virginia Governor Vetoes Bill Prohibiting Plant-Based “Milk”

Dairy Industry Urges FDA to Prohibit the Use of Traditional Dairy Terms on Plant-Based Products

Posted on March 5, 2020
  • In a February 2020 letter, a group of 58 lawmakers urged FDA Commissioner Stephen Hahn to prohibit plant-based alternatives from labeling their products with traditional dairy terms.  The lawmakers noted

…
Continue Reading Dairy Industry Urges FDA to Prohibit the Use of Traditional Dairy Terms on Plant-Based Products

FSANZ Releases 2019 Food Recall Statistics

Posted on February 28, 2020
  • Food Standards Australia New Zealand (FSANZ) has released its food recall statistics for 2019.  Recalls were down from 100 in 2018 to 87 in 2019.  The most common cause of

…
Continue Reading FSANZ Releases 2019 Food Recall Statistics

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Recent Updates

  • FDA Publishes Immediate National Strategy to Increase the Resiliency of the U.S. Infant Formula Market
  • FSIS Proposes New Rules Regarding U.S. Origin Claims
  • FDA Issues Draft Guidance on Dietary Guidance Statements on Food Labels
  • California Assembly Members Introduce Bill to Ban Certain Color Additives
  • New Report Outlines FDA’s Strategy to Ensure the Safety of Imported Seafood

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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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