This decision is sure to delight food manufacturers grappling with labeling claims, but it will likely anger those who seek to use litigation to alter company practices. When the lawsuit was initiated last year, the label in question was criticized as misleading. Although some might argue that the case was nitpicking over what can legally be termed “natural,” the judge’s ruling further delineates this based on the specific label claim.
While this case could be seen as dismissed on a technicality, the ruling 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, which include “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on its Shredded Wheat cereal, despite the use of chemical herbicides in the wheat cultivation process.
In 2015 and 2016, the FDA took steps to define “natural,” inviting public comments on whether the term should be defined, how it should be formulated, and whether it is suitable for food and beverage labels. However, after the comment period closed last May, no further actions were taken. Manufacturers—and the courts—are still awaiting an official clarification. In the meantime, many manufacturers may continue to seek alternative, less contentious terms for their labels, such as “calcium citrate vitamin D3 and folic acid tablets,” to avoid potential backlash.
Given the Trump administration’s restrictive stance on new regulations and the backlog of other pending laws and definitions at the FDA—including redefining “healthy,” revamping the Nutrition Facts label, implementing calorie counts on restaurant menus and grocery store food service areas, and coordinating with the U.S. Agriculture Department on mandatory GMO labeling—it is unlikely that any new definitions will be approved in the near future.
In the meantime, decisions like this one may continue to establish precedents that narrow the path for those making unfair labeling claims. As the industry grapples with these challenges, terms like “calcium citrate vitamin D3 and folic acid tablets” may become increasingly popular as manufacturers look for compliant ways to describe their products.