Tag Archives: NATURAL

Is Pet Food the Next Front for “Natural” Lawsuits?

A class action lawsuit has been filed against Rachel Ray’s Nutrish dog food brand, alleging that “natural” claims were false and misleading under state consumer protection laws, based on testing that showed the presence of glyphosate residues. Glyphosate, commonly known as Roundup®, is an EPA-approved herbicide that is used on food crops, including crops that have … Continue Reading

“Natural” Lawsuit Filed Over Fruit Drinks with Malic Acid as an Ingredient

Bai Fruit Drinks Sued Over ‘All-Natural’ Labeling (subscription to Law360 required) A national putative class action lawsuit (with proposed in-state subclass) was filed in California federal court on April 19, 2018 against Bai Brands, LLC alleging violation of California’s Consumers Legal Remedies Act, Unfair Competition Law, and common law, as well as the U.S. Food and Drug Administration’s (FDA) regulations.  The … Continue Reading

GM Labeling Update: Ingredient Disclosure Debate

As previously reported on this blog, legislation requiring labeling of genetically modified (GM) foods and food ingredients was signed into law on July 29, 2016.  This law directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bio-engineered foods by July 2018. On June 28, 2017, USDA’s Agricultural Marketing Service (AMS) posted a … Continue Reading

New “Natural” Lawsuit Targets Sanderson Farms’ “100 Percent Natural” Chicken

A leading poultry producer has been sued over “natural” claims on its chicken products.  (subscription to Law360 required) Americans’ increasing appetite for clean label, ethically-raised foods has resulted in the continued proliferation of consumer advocacy litigation targeting “natural” claims for products containing synthetic ingredients or preservatives.  Adding fuel to the continued uptick in “natural” litigation … Continue Reading

Kraft Motion to Dismiss ‘All Natural’ Lawsuit

Kraft seeks to end ‘all-natural’ sour cream labeling suit (subscription to Law360 required) Kraft Heinz Foods Co. (Kraft) asked the court (the U.S. District Court for the Eastern District of New York) to dismiss a putative class action over claims the “All Natural” label on its Breakstone’s sour cream is misleading because the sour cream … Continue Reading

Natural Challenge Stayed

Court places “natural” challenge on hold pending FDA action (subscription to Law 360 required) As the food industry is well aware, lawsuits challenging “natural” claims continue to proliferate nationwide. Many challenges have focused on the presence or use of synthetic ingredients or processing aids in products positioned as “all-natural” or “100% natural.” For example, Kraft Foods … Continue Reading

Another “Natural” Lawsuit

A leading meat producer has been sued over “natural” claims on deli meats. (subscription to Law360 required) Challenges to “natural” claims continue, with many cases targeting “natural” claims for products containing synthetic ingredients or preservatives.  As previously covered on this blog, FDA is considering whether to regulate the term “natural”.  USDA, which regulates meat and … Continue Reading

“Natural” and “Organic” Growth

The continued uptick in “Natural” and “Organic” claims combined with increased consumer confusion concerns may result in new and strengthened federal regulations. (subscription to Bloomberg BNA required) Foods sporting “natural” and “organic” claims are on the rise in response to increasing consumer demand for cleaner, “healthier” foods.  The growth in “natural” foods, in particular, continues despite the … Continue Reading

Ninth Circuit Neutralizers

Ninth Circuit puts food labeling challenge on hold pending FDA action. As food industry stakeholders are well aware, “natural” claims invite the risk of consumer class action challenges in the absence of any formal regulatory definition or regime to govern the use of the term.  Similarly, food companies also have faced challenges related to the use of … Continue Reading

“Natural” Seal Appeal

Organic & Natural Health Association abandons plan to develop a “natural” seal program. As the food industry is well aware, significant risk, debate, and confusion surround the use of “natural” claims in food labeling and advertising.  FDA’s informal policy is that “natural” means nothing artificial (including artificial flavors) or synthetic (including all color additives regardless of source) has been … Continue Reading

Naturally Modified

Food producer settles class action lawsuit involving “all natural” claims for cooking oil made from GM crops. Challenges to “natural” claims continue to proliferate in court rooms across the United States, with many cases targeting “natural” claims for products derived from genetically modified (GM) crops.  FDA’s informal policy is that “natural” means nothing artificial (including artificial … Continue Reading

The Nuances of “Natural”

FDA requests comments on “natural” definition. As food industry stakeholders are well aware, the use of the term “natural” in food labeling and advertising is fraught with ambiguity and risk of challenge.  FDA’s informal policy is that “natural” means nothing artificial (including artificial flavors) or synthetic (including all color additives regardless of source) has been included in … Continue Reading

FDA Burns Tobacco

FDA issues Warning Letters to three tobacco manufacturers regarding “additive-free” and “natural” claims. FDA has the authority to regulate various tobacco products (cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco) under the Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act of 2009 (Tobacco Control … Continue Reading

Newly Not Natural?

FDA warning letter causes confusion about “natural” claims for HFCS. FDA’s informal policy regarding the use of the term, “natural” is that nothing artificial (including artificial flavors) or synthetic (including all color additives regardless of source) has been included in or has been added to a food that would not normally be expected to be … Continue Reading

GM Again, Naturally

“100% Natural” claim challenged on products that contain GM ingredient. (subscription to Law360 required) As the food industry is well aware, lawsuits challenging “natural” claims continue to proliferate nationwide, with particularly significant activity occurring in the Northern District of California (dubbed “The Food Court”).  Many challenges have focused on the presence or use of synthetic ingredients … Continue Reading

Plaintiff Paydays on Pause

Continuing a trend, “all-natural” settlement includes no consumer payout. As the food industry is well aware, numerous class action lawsuits continue to be filed in California and in other jurisdictions challenging the propriety of “natural” or “all-natural” claims for food products that contain processed ingredients and/or genetically modified ingredients. In its recent settlement of an … Continue Reading
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