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

EFSA Declares Mealworms Safe for Human Consumption

By Connie Potter

January 15, 2021

The European Food Safety Authority (EFSA) released a scientific opinion in the EFSA Journal on January 13, 2021 evaluating the safety of dried yellow mealworm (Tenebrio molitor larva) and finding in the affirmative. This is EFSA’s first opinion on insects as a novel food. The opinion, adopted November 24, 2020, considered the uses listed in the novel food application submitted by SAS EAP Group – Micronutris, which included using whole, dried mealworms as snack products…

Tomorrow's Food and Feed

Edible insects: the science of novel food evaluations

By In the news

January 15, 2021

Published by the European Food Safety Authority on 13 January 2021 Extract: Today’s batch of EFSA scientific opinions on novel food applications includes the first completed assessment of a proposed insect-derived food product. Our safety evaluations are a necessary step in the regulation of novel food, as our scientific advice supports EU and national decision-makers who authorise these products for the European market. Read the full article here.…

The Daily Intake

Proposed Class Action Lawsuit Claims Keebler Fudge Stripes Cookies Do Not Contain Real Fudge (Law360 Subscription Required)

By Autro Reyes

January 14, 2021

On January 8, 2021, a plaintiff filed a proposed class action lawsuit against Ferrara Candy Co. (“defendant”) alleging that its Keebler Fudge Stripes cookies do not contain “real fudge.” The labels of the Keebler product state that the product is “made with real Keebler fudge” and bear a picture of chocolate fudge. Fudge is not the subject of a formal standard of identity under Food and Drug Administration regulations. In the complaint, the plaintiff…

The Daily Intake

FDA Clarifies Food Traceability List Descriptions and Publishes Related FAQ

By Jill Mahoney

January 13, 2021

On January 12, the FDA made the following two updates to its Food Traceability Proposed Rule: The Agency made clarifying edits to the Food Traceability List (FTL), which lists the foods for which additional traceability recordkeeping requirements in the proposed rule would apply. Edits to certain commodity descriptions were made for clarity, but do not change which foods are on the FTL. For example, the word “fresh” was added to certain fruit and vegetable…

The Daily Intake

FDA Regulation of CBD Requires Filling “Knowledge Gaps”

By Nicholas Prust

January 12, 2021

On January 8, 2021, FDA commissioner Stephen M. Hahn, M.D. released a statement entitled “Better Data for a Better Understanding of the Use and Safety Profile of Cannabidiol (CBD) Products”, which details the “knowledge gaps” that remain as the FDA works to develop a framework for the regulation of CBD products. As many of our readers know, the 2018 Farm Bill removed “hemp” from the definition of “marijuana” under the Controlled Substance Act, thus removing…

The Daily Intake

California Proposes Limits on the “Short-Form” Warning Option under Proposition 65

By Lisa Alsobrook

January 11, 2021

On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed Proposition 65 rulemaking that would limit use of the short-form version of the safe harbor warning. Since it became an option in 2016, manufacturers have gravitated toward the short-form warning, which does not require the disclosure of chemical name(s) in the warning. OEHHA is seeking to limit the use of short-form warnings by proposing various changes, including: Only allowing the…

Consumer Protection Connection

FTC Approves Final Amendments to Energy Labeling Rule for Portable ACs

By Sheila Millar & JC Walker

January 11, 2021

On December 22, 2020, the Federal Trade Commission’s (FTC) announced adoption of a final rule requiring the use of the EnergyGuide labels on portable air conditioners (ACs). Effective October 1, 2022, portable AC manufacturers must attach yellow EnergyGuide labels on the principal display panel of their packaging and include an image of the required label on websites and catalogs advertising the product. The FTC initially proposed that the labeling requirement would go into effect on…

The Daily Intake

US-UK Equivalency Agreement for Organic Products Enters into Effect

By Connie Potter

January 8, 2021

Effective January 1, 2021, a new US-UK equivalence agreement ensures that organic products certified to either USDA or UK standards may be labelled and sold as organic in both countries. The agreement provides continuity for US-UK exports that were covered by the US-EU equivalence agreement, effective in 2012, following the UK’s departure from the EU. Like the US-EU agreement, the US-UK agreement covers only certified organic products that have been grown or raised in…

The Daily Intake

National Advertising Division (NAD) Sides with Danone in Challenge of Chobani Comparative Sugar Claims

By Autro Reyes

January 7, 2021

Danone US, LLC (“Danone”) has successfully challenged Chobani LLC (“Chobani”) before the National Advertising Division (NAD) of BBB National Programs for claiming that Chobani’s Less Sugar Greek Yogurt contains “45% less sugar than other yogurts.” NAD decided that Chobani’s claim was overly broad and recommended that the claim be revised. Danone argued that the Chobani claim mislead consumers to believe that “other yogurts” includes plain yogurts and yogurts made with non-nutritive sweeteners. NAD agreed that…

Consumer Protection Connection

Data Analytics Company Settles with FTC Over Alleged Data Security Violations

By Sheila Millar & Tracy Marshall

January 6, 2021

Third-party service providers are vital to many companies and they handle a wide range of business activities essential for companies to deliver their own offerings. But a company is not adequately protecting consumers if it fails to perform proper due diligence on service providers and contractually require them to employ appropriate security measures to protect sensitive personal information, as Ascension Data & Analytics, LLC (Ascension) discovered. Ascension, a data analytics company serving the mortgage industry,…

Keller Heckman

Keller Heckman Blogs

Blog Authors

EFSA Declares Mealworms Safe for Human Consumption

Edible insects: the science of novel food evaluations

Proposed Class Action Lawsuit Claims Keebler Fudge Stripes Cookies Do Not Contain Real Fudge (Law360 Subscription Required)

FDA Clarifies Food Traceability List Descriptions and Publishes Related FAQ

FDA Regulation of CBD Requires Filling “Knowledge Gaps”

California Proposes Limits on the “Short-Form” Warning Option under Proposition 65

FTC Approves Final Amendments to Energy Labeling Rule for Portable ACs

US-UK Equivalency Agreement for Organic Products Enters into Effect

National Advertising Division (NAD) Sides with Danone in Challenge of Chobani Comparative Sugar Claims

Data Analytics Company Settles with FTC Over Alleged Data Security Violations

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