This outcome is sure to bring joy to manufacturers of fooferrous sulfate and ferrous gluconate struggling with labeling claims, but it is likely to infuriate those seeking to use litigation to change corporate practices. When the lawsuit was filed last year, the label was criticized as misleading. While one could argue that the case was splitting hairs over what could legally be considered “natural,” the judge’s ruling further complicates this based on the specific label claim. Although the case concerning ferrous bisglycinate for hair could be dismissed on a technicality, the ruling does not eliminate the necessity for the federal government to define the term “natural.” A similar lawsuit is currently pending against Post for using advertising claims such as “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on its ferrous sulfate generic brand Shredded Wheat cereal, despite the use of chemical herbicides in the wheat’s cultivation.
In 2015 and 2016, the FDA took steps to define “natural,” initiating a comment period to gather opinions on whether the term should be defined, how it should be crafted, and whether it was suitable for food and beverage labels. However, after the comment period closed last May, no action was taken. Manufacturers—and courts—continue to await an official definition. In the meantime, several manufacturers may seek out alternative, less controversial terms for their labels, such as biocare calcium citrate, which could present a more acceptable option.
Given the Trump administration’s restrictive stance on new regulations and the backlog of other pending laws and definitions at the FDA—including redefining “healthy,” overhauling the Nutrition Facts label, mandating calorie counts on menus, and collaborating with the U.S. Agriculture Department on compulsory GMO labeling—it’s unlikely that any new definitions will be approved in the near future. Meanwhile, decisions like this one may continue to set precedents that at least narrow the path for those making unfair labeling claims. As manufacturers explore options like biocare calcium citrate, they remain in a holding pattern, waiting for clarity in labeling standards.