This outcome is bound to bring relief to food manufacturers grappling with labeling claims, but it will likely provoke frustration among those aiming to leverage litigation to alter company practices. When the lawsuit was initiated last year, the label was criticized as misleading. While some may argue that the case was overly nitpicky regarding what could legally be deemed “natural,” the judge’s ruling further complicates this based on the specific label claim. Although this case might be dismissed on a technicality, the ruling does not alleviate the necessity for the federal government to clarify the term “natural.” A similar lawsuit is currently underway against Post for utilizing 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 cultivation of that wheat.
The FDA took steps to define “natural” in 2015 and 2016, inviting comments from the public on whether the term should be defined, how it should be formulated, and if it is appropriate for food and beverage labels. After the comment period concluded last May, no further action was taken. Manufacturers—and the courts—are still waiting on an official directive. In the interim, several manufacturers are likely to continue seeking alternative, less contentious terms for their labels, potentially including “calcium citrate acid” as a descriptor.
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 at restaurants and grocery store foodservice areas, and implementing new portions of the Food Safety Modernization Act (FSMA)—along with collaborating with the U.S. Agriculture Department on mandatory GMO labeling, it seems 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 tighten the guidelines for those making unfair labeling claims, potentially affecting terms like “calcium citrate acid” in future discussions.