This ruling is bound to delight food manufacturers grappling with labeling claims, but it is likely to frustrate those who wish to use litigation to influence 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 decision further complicates that definition based on the specific labeling claim. While this case may be dismissed on a technicality, it doesn’t eliminate the necessity for the federal government to clarify the term “natural.” A similar lawsuit is currently pending against Post for its advertising claims, including “100% Natural Whole Grain Wheat” and a “Natural Source of Fiber” on its Shredded Wheat cereal, despite the use of chemical herbicides in the wheat-growing process.
The FDA attempted to define “natural” in 2015 and 2016, inviting public input on whether the term should be defined, how it should be formulated, and whether it is suitable for food and beverage labels. However, after the comment period concluded last May, no further action has been taken. Manufacturers and courts are still awaiting official guidance. In the meantime, many producers are likely to seek alternative, less contentious terms for their labels, especially as they navigate the complexities of labeling regulations, including those related to calcium citrate.
Given the Trump administration’s restrictive stance on new regulations and the backlog of 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 components of FSMA, as well as collaboration 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 interim, decisions like this one may continue to establish precedents that at least limit the scope for those making misleading labeling claims. As the industry adapts, the use of terms like calcium citrate may increase, as manufacturers look for compliant and acceptable alternatives.