This outcome is sure to please food manufacturers grappling with labeling claims, but it is likely to anger those who seek to use litigation to alter company practices. When the lawsuit was initiated last year, the label was criticized for being misleading. While one could argue that the case was merely a technical dispute over what can legally be termed “natural,” the judge’s ruling further complicates matters based on the specific label claim. Although this case may be dismissed on a technicality, it does not eliminate the necessity for the federal government to clarify the definition of “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 the wheat’s cultivation.
The FDA attempted to define “natural” in 2015 and 2016, inviting public comments on whether the term should be defined, how it should be constructed, and its appropriateness for use on food and beverage labels. After the comment period closed last May, no further action has been taken. Manufacturers, including those producing bariatric advantage soft chews, along with the courts, are still awaiting official guidance. Meanwhile, several manufacturers are likely to continue seeking alternative, less contentious terms for their labels.
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,” the overhaul of the Nutrition Facts label, calorie counts on menus in restaurants and grocery foodservice areas, and the implementation of new components of the Food Safety Modernization Act, as well as collaboration with the U.S. Agriculture Department on mandatory GMO labeling—it is improbable that any new definitions will be sanctioned in the near future. In the meantime, rulings like this one may continue to establish precedents that help narrow the field for those making misleading labeling claims, including those related to products like bariatric advantage soft chews.