[{"pubDate":"Wed, 05 Aug 2026 07:59:31 +0200","titre":"Ninth Circuit Partially Revives ‘Low-FODMAP’ Labeling Suit","url":"https://www.dailyintakeblog.com/2026/08/ninth-circuit-partially-revives-low-fodmap-labeling-suit/","source":"The Daily Intake","id":3077463,"description":"A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that FDA and USDA nutrient content claim regulations violate First Amendment rights by preventing the inclusion of certain information about fermentable oligosaccharides, disaccharides, monosaccharides, and poloyols (FODMAPs) on food labels. The lawsuit was initially filed against FDA, USDA, and USDA's Food Safety Inspection Service (FSIS) in March 2023 after one plaintiff submitted a label to FSIS for approval. FSIS denied the approval, telling the company that it must “remove all references to digestible, gut loving, and fodmap.” According to the plaintiff, FDA had never raised concerns about the claims on labels of FDA-regulated foods. According to the Ninth Circuit, FSIS told the company that it discussed the proposed label with FDA, and FDA agreed that the FODMAP claims were impermissible nutrient content claims. The company modified the label, then filed the lawsuit along with a consumer plaintiff. The plaintiffs claim that the challenged regulations violate their rights to speak and to receive information. The district court dismissed the case, concluding that the plaintiffs failed to show they had standing and exhausted their administrative remedies. The panel reversed that decision in part, finding that the consumer plaintiff adequately showed standing as a “listener” under the First Amendment, based on needs for a low-FODMAP diet and because she alleged that food producers “would be reasonably likely to include FODMAP-related information on food labels in the absence of the challenged FDA and USDA regulations.” The panel also found that the company plaintiff sufficiently pleaded standing related to claims on FDA-regulated products based on the Agency's threatened enforcement of its regulations. However, the panel found that the company plaintiff did not exhaust its administrative remedies and, therefore, upheld the lower court's ruling on that issue. While this ruling deals only with the standing issue in the case, it highlights that both consumers and companies may have standing to challenge food labeling regulations on a First Amendment basis. Here, the claims that food products are “low-FODMPAP foods” would currently be considered an impermissible nutrient content claim because “low” claims must be made in accordance with the definitions in 21 CFR 101 Subpart D , 9 CFR 317 Subpart B , and 9 CFR 381 Subpart Y . Keller and Heckman will continue to monitor food labeling"},{"id":3004078,"description":"Officials in Florida are urging a federal judge to dismiss UPSIDE Food's (UPSIDE) constitutional challenge to the state's cultivated meat ban, SB 1084 , arguing that the company's claim is vague and unsubstantiated. UPSIDE claims that the ban was enacted for discriminatory purposes in violation of the Dormant Commer Clause. The company's complaint cites to public comments made by Florida Governor Ron DeSantis and Florida Ag Commissioner Wilton Simpson that claimed the out-of-state cultivated meat industry threatens Florida's in-state conventional meat and agricultural industries. UPSIDE argues that these comments demonstrate Florida's sole intent in enacting the ban was to protect the state's cattle industry. While the court previously denied UPSIDE's motion for a preliminary injunction and rejected its claim that the Poultry Products Inspection Act preempted the law, as we reported last year , it allowed the company to proceed with its constitutional challenges to the law. Florida's SB 1084, the nation's first state-wide cultivated meat ban, was enacted in May 2024. The law defines cultivated meat as “any meat or food product produced from cultured animal cells” and makes it unlawful for any manufacturer to sell, hold, or distribute cultivated meat in Florida. UPSIDE received federal approval from the U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) to sell a cultivated chicken product in 2022. Keller and Heckman will continue to monitor and relay developments in this","source":"The Daily Intake","pubDate":"Fri, 03 Jul 2026 07:58:41 +0200","url":"https://www.dailyintakeblog.com/2026/07/florida-officials-urge-federal-judge-to-dismiss-constitutional-challenge-to-cultivated-meat-ban/","titre":"Florida Officials Urge Federal Judge to Dismiss Constitutional Challenge to Cultivated-Meat Ban"}]