This outcome is likely to bring relief to food manufacturers grappling with labeling claims, but it may frustrate those who intend to use litigation to instigate changes in company practices. When the lawsuit was initiated last year, the label in question was criticized for being misleading. While some might argue that the case was overly meticulous regarding what can legally be labeled as “natural,” the judge’s decision further delineates that based on the specific label claim. Although this case may appear to have been dismissed due to a technicality, the ruling does not eliminate the necessity for the federal government to clarify the definition of “natural.”
A similar lawsuit is currently underway against Post for its advertising claims, such as “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on its Shredded Wheat cereal, even though the wheat is cultivated using chemical herbicides. The FDA took measures in 2015 and 2016 to define “natural,” initiating a comment period for public input on whether the term should be defined, how it should be formulated, and its appropriateness on food and beverage labels. After the comment period ended last May, no further action has been taken. Manufacturers and courts are still awaiting an official definition. In the meantime, several producers are likely to explore alternative, less contentious terms for their labels, particularly as they consider calcium citrate uses in their products.
Given the Trump administration’s restrictive stance on new regulations, coupled with the backlog of other pending laws and definitions at the FDA—including redefining “healthy,” overhauling the Nutrition Facts label, mandating calorie counts on menus in restaurants and grocery store foodservice areas, and implementing new components of the FSMA—it’s unlikely that any new definitions will be approved in the near future. Consequently, decisions like this one may continue to establish precedents that narrow the scope for those making questionable labeling claims, while manufacturers remain on the lookout for innovative calcium citrate uses to enhance their product appeal.