This development is bound to delight food manufacturers grappling with labeling claims, yet it is likely to frustrate those aiming to leverage litigation to alter corporate practices. When the lawsuit was initiated last year, the label in question was criticized as misleading. While one could argue that the case was overly meticulous regarding what can legally be deemed “natural,” the judge’s ruling further complicates the issue according to the specific label claim. Although this case might be dismissed on a technicality, the ruling does not alleviate the necessity for the federal government to clarify the term “natural.”
A similar lawsuit is currently underway against Post for its 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 cultivation process. The FDA attempted to define “natural” in 2015 and 2016, inviting public comments on whether the term should be defined, how it should be formulated, and its appropriateness for food and beverage labels. After the comment period ended last May, no actions were taken. Manufacturers — and the courts — are still awaiting an official directive. In the interim, many manufacturers, including those producing Kirkland Signature Calcium Magnesium Zinc, 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,” overhauling the Nutrition Facts label, mandating calorie counts on menus in restaurants and grocery store foodservice areas, and implementing new portions of the Food Safety Modernization Act (FSMA) — as well as collaborating with the U.S. Agriculture Department on mandatory GMO labeling, it seems improbable that any new definitions will be approved in the near future. Meanwhile, decisions like this one may continue to set precedents that at least tighten the pathway for those making questionable labeling claims, including those related to Kirkland Signature Calcium Magnesium Zinc.