On May 3, 2023, the U.S. Consumer Product Safety Commission (CPSC) issued a provisional order with a $15.8 million civil penalty against Wisconsin-based Generac Power Systems, Inc. (Generac) over charges that for more than two years, Generac failed to report
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
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Salmonella Outbreak Linked to Papa Murphy’s Cookie Dough
- The Center for Disease Control and Prevention (CDC) is currently investigating Salmonella infections in at least six states that may be linked to raw cookie dough sold at Papa Murphy’s.
- Residents in Washington, Oregon, Idaho, Utah, California, and Missouri reported
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FCC Proposes New NG911 Rules
Last week, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) to help facilitate the nationwide transition to Next Generation 911 (NG911). The Commission will vote on this NPRM at its Open Meeting on June…
Coca-Cola Seeks Dismissal of Fruit Flavored Soda Water Consumer Class Action in Federal Court (Law360 Subscription Required)
- On May 19, Coca-Cola filed a motion to dismiss in an Illinois federal court, requesting the judge to throw out a proposed class action alleging it misleads consumers into thinking its Fresca brand of soda water contains real fruit with
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Implementation of FASTER Act Poses Challenge for Industry
- The FASTER Act, which went into effect on January 1st of this year, made sesame the 9th major food allergen, thereby triggering allergen labeling obligations for foods containing sesame or an ingredient derived from sesame. (21 USC 343(w)). These labeling
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FDA Publishes Small Entity Compliance Guide for the FSMA Food Traceability Rule
- Those who manufacture, process, pack, or hold foods that are on FDA’s Food Traceability List (FTL), including certain cheeses, shell eggs, nut butters, various fresh fruits and vegetables, finfish, crustaceans, mollusks (bivalves), and ready-to-eat deli salads, as well as
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Treasury Releases Final Version of SLFRF/CPF Supplemental Broadband Guidance
The Treasury Department has released the final version of important compliance guidance applicable to broadband projects funded through SLFRF or CPF awards. The “SLFRF and CPF Supplemental Broadband Guidance” (“Guidance”) addresses several crucial issues relating to the use…
FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact
- On May 16, FDA released a draft Compliance Policy Guide, “Sec. 555.250: Major Food Allergen Labeling and Cross-contact,” to provide guidance for FDA staff on the Agnecy’s enforcement policy regarding major food allergen labeling and cross-contact. When finalized, the police guide
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California Assembly Passes Ban on Chemicals in Processed Food
- California Assembly Bill 418 (AB 418) has a received a favorable 54-11 Assembly vote, which is a first-in-the-nation ban on brominated vegetable oil, potassium bromate, propylparaben, Red Dye No. 3, and titanium dioxide in candy, cereals, and other
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Defense Victory in Mislabeling Lawsuit Affirmed on Preemption Grounds
- 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 (Defendants) in a class-action lawsuit which alleged that Defendants had incorrectly
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