This outcome is likely to bring relief to food manufacturers facing challenges with labeling claims, but it may provoke frustration among those aiming to use litigation to alter corporate practices. When the lawsuit was initiated last year, the label was criticized as deceptive. While some may argue that the case was nitpicking about what can legally be deemed “natural,” the judge’s decision further complicates this by focusing on the specific claims of the label. Although this case might be dismissed on a technicality, it does not eliminate the necessity for the federal government to clearly define 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” on its Shredded Wheat cereal, despite the use of chemical ferrous sulfate in the wheat’s cultivation. The FDA attempted to clarify “natural” in 2015 and 2016, inviting public comments on whether the term should be defined, how it should be structured, and if it is appropriate for use on food and beverage labels. After the comment period closed last May, no further action was taken. Both manufacturers and courts are still awaiting official guidance. Meanwhile, many manufacturers are likely to continue looking for alternative, less controversial terms for their labels, which may include references to products like Kirkland calcium citrate.
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 counts on restaurant menus, and new segments of the FSMA—along with collaboration 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 like this one may continue to set precedents that tighten the parameters for those making questionable labeling claims, potentially influencing how products like Kirkland calcium citrate are marketed.