Keller Heckman

Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, litigation, and business transactions, 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.

Keller Heckman Blogs

Beyond Telecom Law Blog

Consumer Protection Connection

The Continuum of Risk

The Daily Intake

Tomorrow's Food and Feed

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Lisa Alsobrook

Latest from Keller Heckman

The Daily Intake

FDA Provides States Flexibility to Start Routine Inspections on Small Farms As Early As January 1

By Samuel Jockel

December 10, 2019

As previously reported, both states’ departments of agriculture and FDA have begun visits to produce farms to conduct inspections for compliance with the Produce Safety Rule. The FSMA final Produce Safety Rule was published on November 27, 2015 (80 FR 74353) and establishes science-based minimum standards for the safe growing, harvesting, packing, and holding of produce. Our detailed summary of the rule is available here. Routine inspections of small farms, other than sprout…

The Daily Intake

NY Judge Denies Class Certification in ‘No Artificial Flavors’ Lawsuit

By Lisa Alsobrook

December 9, 2019

Chef Denied Class Cert. In Pringles Artificial Flavoring Row (subscription to Law360 required) In the past five years or so consumers have shown increased concern about perceived health issues with so-called “artificial” ingredients. Whether or not ingredients are “artificial” is, therefore, a hotly debated issue at the center of many false advertising lawsuits. On December 5, 2019, a New York federal judge denied class certification to a plaintiff seeking to represent all NY buyers of…

Tomorrow's Food and Feed

EU nutrition claims under the microscope

By Katia Merten-Lentz & Manon Ombredane

December 6, 2019

KML blog pics size - food claim added sugar sweetners

Published at FoodNavigator 4 December 2019 Nowadays the list of ingredients on food labels tends to be shorter and the names simpler. But, putting aside this ‘clean label’ trend, does the average consumer still notice the claims appearing on the labels of its daily food? In the 2000s there was an urgent need to regulate the market of those claims, as a result of the multiplication of vague and sometimes misleading allegations such as…

The Daily Intake

USDA Finalizes Rule For SNAP Requirements for Able-Bodied Adults Without Dependents

By Benjamin Wolf

December 6, 2019

In the last two years, the Supplemental Nutrition Assistance Program (SNAP; colloquially known as the “Food Stamps” Program) has been a major point of contention within political circles. For example, the additional SNAP requirements proposed in the 2018 Farm Bill threatened to derail its passage and the United States Department of Agriculture’s (USDA’s) proposal to close a “loophole” that permitted states to rely on eligibility for other programs drew the ire of 70 U.S. mayors…

The Daily Intake

FDA Issues Swiss Company a Temporary Permit to Market “Ruby Chocolate” in the United States

By Autro Reyes

December 5, 2019

On November 22, 2019, the Food and Drug Administration (FDA) announced that it had issued a temporary permit (TMP) to Barry Callebaut, a Swiss company in accordance with 21 CFR 130.17. The TMP will allow the company to market test a product known as “ruby chocolate.” Although the company has been selling ruby chocolate in other parts of the world, it requires a TMP from the FDA before it could call its product “chocolate”…

The Daily Intake

Proposed Class Action Alleges Company’s CBD Products Violate Federal Law (subscription to Law360 required)

By Jill Mahoney

December 4, 2019

As our readers may recall, on November 25, FDA issued warning letters to 15 companies for illegally selling FDA-regulated products containing cannabidiol (CBD) in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act). FDA alleged that CBD lacks an appropriate regulatory status in the products and, in some cases along with product claims, causes them to be marketed unlawfully. One of the warning letters was sent to Infinite Product Company LLLP DBA…

The Continuum of Risk

Register Today: E-Vapor and Tobacco Law Symposium

By Azim Chowdhury

December 4, 2019

Keller and Heckman’s 4th annual E-Vapor and Tobacco Law Symposium is just around the corner. Take advantage of the early bird discount and register today for the most comprehensive 2-day seminar focused on legal and regulatory issues critical to e-vapor, tobacco and CBD industries. Topics that will be covered include: Status of the Industry: What Happens Next? Flavor Bans and FDA’s Compliance Policy Litigation Update: PMTA Deadline Appeal and New Lawsuits Product Liability: Youth Prevention,…

The Daily Intake

Farmers Can Now Apply for Federal USDA Hemp Production Licenses

By Samuel Jockel

December 3, 2019

In addition to establishing requirements for State and Tribal hemp production plans, USDA’s U.S. Domestic Hemp Production Program establishes a federal plan to regulate hemp production by producers in areas where hemp production is legal but not covered by an approved State or Tribal Plan. USDA maintains a list of the status of State and Tribal hemp production plans that are pending approval or have been approved. Farmers in states with no plans to regulate…

The Daily Intake

11th Circuit Rules for Plaintiffs in Class Action Lawsuit Based on Economic Loss From Purchase of ‘Worthless’ Supplements Containing DMBA – an Impermissible NDI

By Lisa Alsobrook

December 2, 2019

We previously reported on a flurry of FDA enforcement actions in 2015 based on adulteration per se, which followed years of relative inaction in the dietary supplement marketing arena outside of enforcement against products with specific health or safety concerns. FDA’s enforcement actions included warning letters to 14 companies regarding the marketing of products that identify the presence of 1,3-dimethylbutylamine or “DMBA” on the product label. Dietary supplements containing DMBA are presumed by law…

The Continuum of Risk

FDA Won’t Enforce Pre-Market Review Requirement for E-Liquid Packaging Modified to Incorporate “Flow Restrictors”

By Sheila Millar, Azim Chowdhury & Boaz I. Green

November 27, 2019

In March of this year, the Consumer Product Safety Commission (CPSC) announced that it would interpret the Child Nicotine Poisoning Prevention Act of 2015 (CNPPA) as mandating specific flow-restrictor requirements for liquid nicotine containers that are sold, offered for sale, manufactured for sale, or distributed in commerce. CPSC soon began aggressive enforcement of its new interpretation, sending out dozens of Notices of Violations to manufacturers of e-liquids, demanding immediate stop sale, withdrawal, destruction of products…

Keller Heckman

Keller Heckman Blogs

Blog Authors

FDA Provides States Flexibility to Start Routine Inspections on Small Farms As Early As January 1

NY Judge Denies Class Certification in ‘No Artificial Flavors’ Lawsuit

EU nutrition claims under the microscope

USDA Finalizes Rule For SNAP Requirements for Able-Bodied Adults Without Dependents

FDA Issues Swiss Company a Temporary Permit to Market “Ruby Chocolate” in the United States

Proposed Class Action Alleges Company’s CBD Products Violate Federal Law (subscription to Law360 required)

Register Today: E-Vapor and Tobacco Law Symposium

Farmers Can Now Apply for Federal USDA Hemp Production Licenses

11th Circuit Rules for Plaintiffs in Class Action Lawsuit Based on Economic Loss From Purchase of ‘Worthless’ Supplements Containing DMBA – an Impermissible NDI

FDA Won’t Enforce Pre-Market Review Requirement for E-Liquid Packaging Modified to Incorporate “Flow Restrictors”

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