This ruling is bound to bring joy to food manufacturers grappling with labeling claims, but it may provoke frustration among those who intend to use legal action to modify corporate practices. When the lawsuit was initiated last year, the label in question was criticized as misleading. Although one could argue that the case was nitpicking over what can legally be deemed “natural,” the judge’s decision further clarifies the issues surrounding the specific label claim. While the case could be seen as dismissed on a technicality, the ruling does not eliminate the necessity for the federal government to establish a definition for the term “natural.” A similar lawsuit is currently underway against Post for their promotional claims such as “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on their Shredded Wheat cereal, despite the use of chemical herbicides in the cultivation of that wheat.
In 2015 and 2016, the FDA took steps to define “natural,” opening a comment period for the public to express their opinions on whether the term should be defined and how it should be formulated, as well as its appropriateness for food and beverage labels. However, after the comment period closed last May, no further action was taken. As a result, manufacturers—along with the courts—are still awaiting official clarification. Meanwhile, several companies may continue to seek alternative, less contentious terms for their labels, including those for products like Solgar D3 Calcium.
Given the Trump administration’s restrictive stance on new regulations and the backlog of other pending laws and definitions at the FDA—such as redefining “healthy,” revamping the Nutrition Facts label, imposing calorie counts on menus in restaurants and grocery store foodservice areas, and implementing new aspects of the FSMA—alongside collaboration with the U.S. Agriculture Department on mandatory GMO labeling, it seems unlikely that any new definitions will be approved in the near future. Until then, decisions like this one may continue to set precedents that narrow the path for those making unjust labeling claims, reinforcing the need for clarity around terms like “natural” and the marketing of products such as Solgar D3 Calcium.