This decision is likely to please food manufacturers grappling with labeling claims, but it could frustrate those aiming to leverage litigation to alter company practices. When the lawsuit was initiated last year, the label was criticized as deceptive. Although one could argue that the case was nitpicking regarding what could legally be classified as “natural,” the judge’s ruling further differentiates based on the specific label assertion. While this case might be dismissed on a technicality, the ruling does not eliminate the necessity for the federal government to define the term “natural.” A similar lawsuit is currently pending against Post for using claims like “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on its Shredded Wheat cereal, despite the use of chemical herbicides in cultivating that wheat.
In 2015 and 2016, the FDA began efforts to define “natural,” inviting public comments on whether the term should be defined, how it should be framed, and its appropriateness for food and beverage labels. However, after the comment period closed last May, no further action was taken. Manufacturers—and the courts—are still awaiting an official stance. Meanwhile, several manufacturers are likely to continue seeking alternative, less contentious terms for their labels, perhaps exploring options like calcium carbonate citrate to ensure compliance while maintaining appeal.
Given the Trump administration’s restrictive approach to new regulations and the backlog of other pending laws and definitions at the FDA—including redefining “healthy,” updating the Nutrition Facts label, requiring calorie counts on restaurant menus and grocery store foodservice areas, and implementing new elements of the FSMA—along with 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. In the meantime, rulings like this one may continue to set precedents that at least limit the pathways for those making dubious labeling claims, potentially steering them toward alternatives such as calcium carbonate citrate.