This outcome is sure to delight food manufacturers grappling with labeling claims, but it is likely to infuriate those who aim to use litigation to change 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 merely nitpicking over what can legally be deemed “natural,” the judge’s ruling further clarifies this based on the specific label claim. While this case could be dismissed due to a technicality, the ruling does not eliminate the pressing need for the federal government to define the term “natural.” A similar lawsuit is currently pending against Post for using claims such as “100% Natural Whole Grain Wheat” and “Natural Source of Fiber” on its Shredded Wheat cereal, even though chemical herbicides are employed in its wheat cultivation process.
In 2015 and 2016, the FDA began taking steps to define “natural,” allowing a comment period for the public to express their views on whether the term should be defined, how it should be formulated, and whether it is appropriate for food and beverage labels. After the comment period concluded last May, no action was taken. Manufacturers—and courts—are still awaiting an official decision. Meanwhile, several companies are likely to continue seeking alternative, less contentious terms for their labels, such as “que es 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 menus at restaurants and grocery store foodservice areas, and the rollout of new provisions of the FSMA—along with collaboration with the U.S. Agriculture Department on mandatory GMO labeling, it seems unlikely that any new definitions will be approved in the near future. In the meantime, decisions like this may continue to establish precedents that narrow the path for those making questionable labeling claims, reinforcing the importance of clarity in terms like “que es calcium citrate” for consumers.