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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

Plant-based

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FDA Issues Guidance on Voluntary Premarket Engagement for Foods Derived from Plants Produced Using Genome Editing

Posted on February 23, 2024
  • On February 22, 2024, the U.S. Food and Drug Administration (FDA) issued a guidance for industry that addresses how firms should voluntarily engage with the Agency before marketing food produced
… Continue Reading FDA Issues Guidance on Voluntary Premarket Engagement for Foods Derived from Plants Produced Using Genome Editing

Texas Urges Federal Court to Toss Tofurky Challenge of Labeling Law

Posted on January 5, 2024
  • Officials are urging a federal court to dismiss Tofurky’s challenge of Texas’s new food labeling law, arguing that the plant-based meat maker has only made “hypothetical” allegations and lacks standing.
… Continue Reading Texas Urges Federal Court to Toss Tofurky Challenge of Labeling Law

Senators Again Urge Enforcement of Dairy Standards of Identity

Posted on September 19, 2023
  • On September 12, 2023, a group Senators, including proponents of the previously introduced Dairy Pride Act, wrote to FDA, again urging the agency to enforce the standards of identity
… Continue Reading Senators Again Urge Enforcement of Dairy Standards of Identity

FDA Releases Draft Guidance on Labeling of Plant-Based Milk Alternatives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  • On February 22, 2023, the U.S. Food and Drug Administration (FDA) issued a draft guidance to ensure appropriate labeling of plant-based products that are marketed and sold as milk alternatives
… Continue Reading FDA Releases Draft Guidance on Labeling of Plant-Based Milk Alternatives

Court Enjoins Enforcement of Arkansas Meat Labeling Law

Posted on October 18, 2022
  1. On September 30, 2022, a federal Court permanently enjoined Arkansas from enforcing provisions of a state law (Arkansas Code § 2-1-305(2),(5),(6),(8),(9), and (10)) which would have prevented Plaintiff

…
Continue Reading Court Enjoins Enforcement of Arkansas Meat Labeling Law

Lawsuit Alleges Plant Butter Deceptively Labeled

Posted on August 16, 2022
  • A class-action lawsuit has alleged that Upfield US Inc. deceptively labeled its “Country Crock Plant Butter” as “Made with Almond Oil” and with images of almonds on the principal display

…
Continue Reading Lawsuit Alleges Plant Butter Deceptively Labeled

Temporary Reprieve From French Ban on “Meaty” Words in Labeling of Plant-Based Foods

Posted on August 1, 2022
  •  We reported on the June 29, 2022 decree (in French) that prohibits the use of “sector-specific terminology traditionally associated with meat and fish” to describe plant-based products made in France. 

…
Continue Reading Temporary Reprieve From French Ban on “Meaty” Words in Labeling of Plant-Based Foods

France Restricts Labeling for Plant-Based Proteins

Posted on July 8, 2022
  • Beginning on October 1, 2022, plant-based meat alternative products in France will face new labeling challenges. The decree (in French) prohibits manufacturers of plant-based products from using “sector-specific terminology

…
Continue Reading France Restricts Labeling for Plant-Based Proteins

Beyond Meat Sued Over Protein Content Claims

Posted on June 15, 2022
  • A proposed consumer class action lawsuit was filed against Beyond Meat, Inc. on June 10, alleging that the plant-based meat manufacturer embellished the amount of protein contained in its line

…
Continue Reading Beyond Meat Sued Over Protein Content Claims

Motion to Dismiss Amended Complaint in Morningstar Farms “Veggie” Product Labeling Suit

Posted on April 25, 2022

 Kellogg Says ‘Veggie’ Means ‘No Meat,’ Not ‘Vegetables’ (Law360 Subscription Required)

  • The judge in a proposed class action lawsuit before the Northern District of California dismissed the plaintiff’s initial complaint

…
Continue Reading Motion to Dismiss Amended Complaint in Morningstar Farms “Veggie” Product Labeling Suit

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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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