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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

PREEMPTION

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Court Denies Request for Injunction Blocking Florida’s Cultivated Meat Ban

Posted on November 6, 2024
  • We have previously blogged about a lawsuit filed by Upside Foods challenging Florida’s cultivated meat ban. Last month, a district court judge rejected Upside’s request for a preliminary injunction and
… Continue Reading Court Denies Request for Injunction Blocking Florida’s Cultivated Meat Ban

22 States Join Challenge to Massachusetts’ Question 3

Posted on October 9, 2024
  • Similar to California’s Proposition 12, Massachusetts’ Prevention of Farm Animal Cruelty Act (also known as “Question 3”) imposes animal welfare standards for hens, sows, and veal calves raised in Massachusetts
… Continue Reading 22 States Join Challenge to Massachusetts’ Question 3

Florida Defends Against Lawsuit Targeting its Cultivated Meat Ban

Posted on October 2, 2024
  • As we previously blogged about, UPSIDE, a manufacturer of cultivated chicken, has sued Florida regarding its ban (SB 1084) on the sale and manufacturing of cultivated meat. The complaint included
… Continue Reading Florida Defends Against Lawsuit Targeting its Cultivated Meat Ban

Second Circuit Affirms Win for Defendants in Challenge to Glucosamine Labeling on Federal Preemption Grounds

Posted on August 21, 2024
  • Last week the United States Court of Appeals for the Second Circuit affirmed a grant of summary judgment for Defendants Walgreen Co. and International Vitamin Corporation (IVC) on preemption grounds
… Continue Reading Second Circuit Affirms Win for Defendants in Challenge to Glucosamine Labeling on Federal Preemption Grounds

9th Circuit Holds that State Law Claims Identical to Federal Claims are Not Preempted

Posted on July 24, 2024
  • Last month the U.S. Circuit Court of Appeals for the 9th Circuit reversed a lower court decision and held that claims based on the California Sherman Law, the CA
… Continue Reading 9th Circuit Holds that State Law Claims Identical to Federal Claims are Not Preempted

Consolidated Appropriations Act of 2024 Protects Food Companies Against Lawsuits Targeting Healthy Claims   

Posted on April 17, 2024
  • FDA is in the process of updating its regulatory definition of the term “healthy” when it appears as an implied nutrient content claim on food labels. See FDA’s proposed rule
… Continue Reading Consolidated Appropriations Act of 2024 Protects Food Companies Against Lawsuits Targeting Healthy Claims   

CA Governor Newsom Signs Food Additive Ban into Law

Posted on October 10, 2023
  • This past weekend California governor Gavin Newsom signed Assembly Bill (AB) 418 into law. This bill will prohibit the use of brominated vegetable oil, potassium bromate, propylparaben, and Red No.
… Continue Reading CA Governor Newsom Signs Food Additive Ban into Law

9th Circuit Affirms that Challenges to Allegedly Misleading Protein Claims Preempted

Posted on August 15, 2023
  • Yesterday the U.S. Court of Appeals for the Ninth Circuit affirmed (Law360 subscription required) the dismissal of two consolidated appeals on preemption grounds. In both cases, Plaintiffs had argued that
… Continue Reading 9th Circuit Affirms that Challenges to Allegedly Misleading Protein Claims Preempted

Defense Victory in Mislabeling Lawsuit Affirmed on Preemption Grounds

Posted on May 16, 2023
  • On May 11, 2023, the U.S. Court of Appeals for the 9th Circuit affirmed the District Court’s grant of summary judgment in favor of Walmart and International Vitamin Corporation
… Continue Reading Defense Victory in Mislabeling Lawsuit Affirmed on Preemption Grounds

A Safety Warning May Be Required for Black Licorice Used in Compliance with a GRAS Regulation

Posted on October 31, 2022
  •  Under FDA’s regulations, at 21 CFR 184.1408, black licorice is generally recognized as safe (GRAS) for flavoring uses at specified maximum levels of glycyrrhizin content in food such as

…
Continue Reading A Safety Warning May Be Required for Black Licorice Used in Compliance with a GRAS Regulation

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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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