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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

SUPREME COURT

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Federal Appeals Court Upholds Massachusetts Animal Welfare Law

Posted on October 17, 2025
  • The US Court of Appeals for the First Circuit has upheld the legality of Massachusetts’ Prevention of Farm Animal Cruelty Act (“Question 3“) after pork industry members failed
… Continue Reading Federal Appeals Court Upholds Massachusetts Animal Welfare Law

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

Marketing Implications of California’s Proposition 12

Posted on June 1, 2023
  • As we have previously blogged, the U.S. Supreme Court upheld California’s Proposition 12 (Prop 12) on May 11, 2023, which bans the sale of pork in California unless breeding
… Continue Reading Marketing Implications of California’s Proposition 12

U.S. Supreme Court Upholds California’s Prevention of Cruelty to Farm Animals Act (Proposition 12)

Posted on May 15, 2023
  • In November 2018, California voters passed a ballot initiative known as Proposition 12 (the Prevention of Cruelty to Farm Animals Act), which is covered on our blog.  The Act
… Continue Reading U.S. Supreme Court Upholds California’s Prevention of Cruelty to Farm Animals Act (Proposition 12)

U.S. Supreme Court Declines to Hear Acrylamide Case

Posted on April 20, 2023
  • On April 17, 2023, the U.S. Supreme Court declined to hear the Council for Education and Research on Toxics’ (CERT) request to review a decision blocking new lawsuits under California’s
… Continue Reading U.S. Supreme Court Declines to Hear Acrylamide Case

U.S. Government Files Amicus Brief in Prop 12 Case

Posted on June 23, 2022
  • As previously reported,  on March 28, 2022, the U.S. Supreme court granted a Writ of Certiorari petition submitted by the National Pork Producers Council (NPPC) and the American Farm

…
Continue Reading U.S. Government Files Amicus Brief in Prop 12 Case

Supreme Court to Review California Prop 12

Posted on March 31, 2022
  • On Monday, March 28th, the U.S. Supreme Court granted a Writ of Certiorari petition submitted by the National Pork Producers Council (NPPC) and the American Farm Bureau Federation

…
Continue Reading Supreme Court to Review California Prop 12

Supreme Court Asked to Review Prop 12 Challenge

Posted on September 29, 2021
  • On September 27, agriculture industry groups, including the National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF), petitioned the U.S. Supreme Court to review the Ninth Circuit’s decision

…
Continue Reading Supreme Court Asked to Review Prop 12 Challenge

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Recent Updates

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  • FDA Issues RFI on Gluten-Cross Contact Issues

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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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