Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        It’s Only “Natural:” Avoiding the Risk of Consumer Lawsuits Over Food Labels

        by Mathew J. Todaro on December 6, 2017

        Americans are increasingly sensitive to the ingredients that go into the food that we eat. Recently, Congress passed a law requiring manufacturers to label or place QR codes on products containing or made from genetically modified organisms (“GMOs”). Now, consumer advocates have turned their attention to food products bearing the word “natural,” raising legal risks for all food manufacturers who label products with that term.

        Unlike many terms pertaining to food, such as “light/lite,” “low calorie,” “fat free,” and “reduced sodium,” the Food and Drug Administration (the “FDA”) does not officially define the term “natural.” Instead, the FDA has a longstanding, but nonbinding policy regarding the use of “natural” in human food labeling. Specifically, the FDA considers “natural” to mean “that nothing artificial 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 in that food.”

        The FDA’s unofficial definition of “natural” has left both industry groups and consumers hungry for clarification. The public appetite for an ampler definition of “natural” is so hearty that the FDA held a comment period for more than a year to determine how the public would like to see the term defined. The FDA received over 7,600 comments from consumers, food producers, and industry groups. Currently, the FDA is processing those comments and will decide, based in part on that analysis, as to whether it will write a rule defining “natural.”

        Unsurprisingly, the ambiguity and strong feelings surrounding the use of “natural” on food labels has led to very serious legal consequences for food producers. Notably, a federal appellate court in California allowed a lawsuit to proceed against Dole Packaged Foods for Dole’s use of labels reading “All Natural Fruit.” A consumer sued Dole over its “All Natural Fruit” label, claiming that it was misleading because Dole includes manufactured chemicals – namely, citric and ascorbic acid – with its packaged fruit. After the federal District Court granted summary judgment in the case for Dole, the Ninth Circuit Court of Appeals found it plausible that the “All Natural Fruit” label could mislead consumers, and reversed the District Court, allowing the suit to go to trial. The case is currently pending in federal District Court.

        Even the few cases ruling in favor of food producers that use “natural” on their labels have shaky legal justifications. Recently, a federal judge in Illinois threw out a case against Quaker Oats in which the plaintiff claimed that Quaker’s “100% Natural” label misled consumers. The consumers argued that because Quaker’s oats contain traces of a synthetic herbicide called glycophosphate, they are not “100% Natural.” The judge did not address the question of whether “100% Natural” misled consumers, but rather ruled that because the federal government has the exclusive power to regulate herbicide use, the state consumer protection law could not abridge that power. Legal experts generally agree that this reasoning misapplies the law. They expect that the Seventh Circuit, which will hear an appeal by the plaintiffs, will overturn the District Court’s dismissal.

        All food producers and other businesses that use the word “natural” on their labels should assess their risk under state and federal consumer protection statutes. Verrill Dana’s attorneys can provide thoughtful advice on food labeling that helps clients avoid costly litigation over label terms like “natural.” For more information regarding legal issues associated with product labeling, please see our post on “Grey Areas for Green Labels.”

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...