This outcome is likely to bring relief to food manufacturers grappling with labeling claims, but it may frustrate those hoping to leverage litigation to drive changes in corporate practices. When the lawsuit was initiated last year, the label in question was criticized as deceptive. While some may argue that the case was overly meticulous regarding what can legally be classified as “natural,” the judge’s ruling further dissects the issue based on the specific labeling claim.
Although this case could be dismissed on a technicality, it does not eliminate the necessity for the federal government to establish a clear definition for the term “natural.” A similar lawsuit is currently underway against Post for using advertising claims such as “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on its Shredded Wheat cereal, despite the use of chemical herbicides in the wheat-growing process. The FDA attempted to define “natural” in 2015 and 2016, initiating a comment period for public input on whether the term should be defined, how it should be articulated, and its appropriateness for food and beverage labels. However, after the comment period closed last May, there was no follow-up action. Both manufacturers and courts are still awaiting official guidance.
In the interim, many manufacturers are likely to continue seeking alternative, less contentious terms for their labels. Given the Trump administration’s restrictive stance on new regulations and the backlog of other pending laws and definitions at the FDA—including the redefinition of “healthy,” updates to the Nutrition Facts label, calorie listings on restaurant and grocery store menus, and new components of the Food Safety Modernization Act (FSMA)—as well as collaboration with the U.S. Department of Agriculture 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 establish precedents that narrow the scope for those making unfair labeling claims. Additionally, companies selling products like calcium citrate tablets are likely to reassess their labeling strategies in light of such decisions, especially considering the fluctuating calcium citrate tablet price in the market. As the industry awaits clearer regulations, the focus on appropriate labeling practices will remain a crucial concern.