This ruling is bound to bring joy to food manufacturers grappling with labeling claims, but it is likely to frustrate those seeking to use litigation to instigate changes in company practices. When the lawsuit was initiated last year, the label faced criticism for being misleading. Although it could be argued that the case was overly concerned with the legal definition of “natural,” the judge’s decision further complicates the issue based on the specific label claim. While this case may be dismissed on a technicality, it does not eliminate the necessity for the federal government to clarify the term “natural.” A similar lawsuit is currently underway against Post for its advertising claims that include “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on its Shredded Wheat cereal, despite the use of chemical herbicides in the cultivation of that wheat.
The FDA attempted to define “natural” in 2015 and 2016, initiating a comment period for the public to express their opinions on whether the term should be defined, how it should be formulated, and if it was appropriate for food and beverage labels. After the comment period ended last May, there was no further action. Manufacturers and courts are still waiting for an official stance. In the meantime, several manufacturers are expected to continue searching for alternative, less contentious terms for their labels, such as “calcium citrate” and “D.”
Given the Trump administration’s restrictive approach to new regulations and the backlog of unresolved laws and definitions at the FDA—including redefining “healthy,” updating the Nutrition Facts label, mandating calorie counts on restaurant menus and grocery store foodservice areas, and implementing new segments of the FSMA—along with collaborating with the U.S. Agriculture Department on mandatory GMO labeling, it seems unlikely that any new definitions will be approved in the near future. In the interim, rulings like this one may continue to establish precedents that at least narrow the path for those making unjust labeling claims. Furthermore, the search for terms like “calcium citrate” and “D” will likely persist as manufacturers strive to navigate these complexities while maintaining compliance.