This outcome is likely to bring relief to food manufacturers grappling with labeling claims, while it will probably frustrate those seeking to use litigation to drive changes in corporate practices. When the lawsuit was initiated last year, the label in question was criticized as misleading. Although one could argue that the case was overly focused on the legal definition of “natural,” the judge’s ruling further delineates this based on the specific label claim. While this case might be dismissed on a technicality, the ruling does not eliminate the necessity for the federal government to clearly define 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 wheat cultivation.
In 2015 and 2016, the FDA took steps towards defining “natural,” opening a comment period for public input on whether the term should be defined, how it should be crafted, and its appropriateness for food and beverage labels. After the comment period ended last May, no action was taken. Manufacturers—and the courts—are still awaiting official guidance. Meanwhile, several manufacturers are likely to continue exploring 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, implementing calorie counts on menus in restaurants and grocery store foodservice areas, and collaborating with the U.S. Agriculture Department on mandatory GMO labeling—it’s 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 narrow the avenues for those making questionable labeling claims. The ongoing uncertainty may also affect companies like Solgar, which produces products including Solgar liquid calcium, as they navigate the complexities of labeling while ensuring compliance with evolving standards. As manufacturers remain in limbo, they may look for ways to innovate their labeling practices, potentially incorporating terms like Solgar liquid calcium more creatively, to avoid disputes over labeling claims.