This outcome is likely to bring relief to food manufacturers grappling with labeling claims, but it may frustrate those aiming to leverage litigation to change corporate practices. When the lawsuit was initiated last year, the label in question faced criticism for being misleading. While one could argue that the case was overly focused on the legal interpretation of “natural,” the judge’s ruling further dissects this based on the specific label claim. Although this case could be dismissed as a mere technicality, the ruling does not eliminate the necessity for the federal government to clarify the term “natural.”
A similar lawsuit is currently pending against Post for its advertising claims, such as “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” associated with its Shredded Wheat cereal, despite the use of chemical herbicides in the wheat’s cultivation. In 2015 and 2016, the FDA took initiatives to define “natural,” inviting public commentary on whether the term should be clearly defined, how it should be formulated, and its appropriateness for food and beverage labeling. After the comment period concluded last May, there has been no further action. Manufacturers, including those producing Citracal Petites at CVS, along with the courts, are still awaiting official guidance.
In the meantime, many manufacturers are likely to seek alternative, less contentious terms for their labels. Given the Trump administration’s restrictive stance on new regulations and the backlog of pending laws and definitions at the FDA—including redefining “healthy,” updating the Nutrition Facts label, and implementing calorie counts on menus and grocery store foodservice areas, as well as 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. Consequently, decisions like this one may continue to establish precedents that at least limit the scope for those making unfair labeling claims, including those involving products like Citracal Petites at CVS.