What Is “Natural”? The United States Is Examining Food Labeling Claims In Court And In Government Regulations.

Controversy surrounding the use of genetically modified organisms (“GMOs”) is globally endemic. In the United States the governmental entity regulating all things food and food labeling, the Food and Drug Administration (“FDA”) has never comprehensively defined what constitutes the term “natural.” In a rising number of U.S. consumer fraud food labeling class actions, many specifically challenging the use of GMOs in foods labeled “natural”, courts find themselves unable to determine the “naturalness” of GMOs without guidance from the FDA.  Perhaps in response to the pressure from courts and consumers, the FDA has recently issued a request to the public for comments on the use of the term “natural” on food labeling.  Now through February 10, 2016, anyone with an opinion can weigh in on whether: (1) it is even appropriate to define the term “natural,” (2) if so, how the FDA should define “natural,” and (3) how the FDA should determine appropriate use of the term on food labels.

If your company is in the food or agriculture business, or you as a consumer have an opinion on the issue, this is your chance to weigh in on government policy. Consult an attorney at an Ally Law member firm experienced in the process of government regulation to examine your position and determine the most effective way to have your voice heard during this comment period. For more information about our services in this area, contact us at yourally@ally-law.com.

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By Vorys, Sater, Seymour and Pease LLP.