This outcome is sure to delight food manufacturers grappling with labeling claims, but it will likely frustrate those seeking to use litigation to alter company practices. When the lawsuit was initiated last year, the label was criticized as misleading. While one could argue that the case was nitpicking over what can legally be deemed “natural,” the judge’s decision further complicates matters based on the specific label assertion. Although this case 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 Shredded Wheat cereal, even though chemical herbicides are employed in the cultivation of that wheat.
The FDA took steps to define “natural” in 2015 and 2016, inviting public comments on whether the term should even be defined, how it should be formulated, and whether it is suitable for food and beverage labels. After the comment period closed last May, no further action occurred. Manufacturers—and the courts—continue to await official guidance. In the meantime, several producers are likely to search for alternative, less contentious terminology for their labels, potentially including terms like “canxi citrate biocare” to avoid negative scrutiny.
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 in restaurants and grocery foodservice areas, and the implementation of new segments of the Food Safety Modernization Act (FSMA), along with collaboration with the U.S. Agriculture Department on mandatory GMO labeling—it is improbable that any new definitions will receive approval soon. In this interim period, decisions like this one may continue to set precedents that at least narrow the path for those making unfair labeling claims, while manufacturers may increasingly look to terms like “canxi citrate biocare” as they navigate this complex landscape.