This outcome is sure to bring relief to food manufacturers grappling with labeling claims, but it is likely to frustrate those seeking to use litigation to modify company practices. When the lawsuit was initiated last year, the label in question was criticized as misleading. While some may argue that the case was nitpicking over what can legally be classified as “natural,” the judge’s decision further complicates matters based on the specific label claim.
Although this case could be 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 advertising claims like “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.
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 articulated, and its appropriateness for food and beverage labels. However, following the closure of the comment period last May, no further action has been taken. Manufacturers—and courts—are still awaiting official guidance. As they wait, several companies are likely to continue seeking alternative, less contentious terms for their labels.
Given the Trump administration’s restrictive stance on new regulations, along with the backlog of other pending laws and definitions at the FDA—including the redefinition of “healthy,” overhauling the Nutrition Facts label, implementing calorie counts on restaurant menus and grocery store food service areas, and developing new aspects of FSMA, in addition to collaborating with the U.S. Agriculture Department on mandatory GMO labeling—it is improbable that any new definitions will be approved in the near future.
In the meantime, decisions such as this one may continue to establish precedents that at least narrow the path for those making unjust labeling claims. This environment may also affect how products like calcium citrate magnesium hydroxide zinc sulphate and vitamin D3 tablets are marketed, pushing manufacturers to ensure their claims are clear and compliant. As the industry navigates these challenges, the focus will remain on finding acceptable terms while awaiting further clarification from regulatory bodies.