Are These Substances “Natural?” Class Action Lawsuits Target Specific Ingredients

Consumer class action cases challenging “All Natural” or “100% Natural” claims on food labels are popping up about as fast as dandelions in springtime.  Such cases are typically brought under state consumer protection laws prohibiting, inter alia, false or misleading food labeling and advertising.  Some of these laws, such as those in California and New Jersey, have been interpreted liberally and make it easier for Plaintiffs to prove damages and provide for generous attorneys fees.  While the cases are brought under state law, they are typically filed in Federal Court, where the Plaintiffs attempt to have the court certify the class on a national level.  At that stage, food companies often tend to settle the case.

In areas where FDA has issued final regulations, including those governing the specific nutrients required to be listed on the Nutrition Facts Panel, courts typically defer to the agency and find that the lawsuit is preempted by federal law.  However, in cases where FDA has not taken definitive regulatory action, courts have often been unwilling to defer to FDA even if the agency has an informal enforcement policy.  Such is the case with “Natural” claims on food labels.

Companies should take notice of the specific ingredients (and processing methods) at issue in class action cases where the use of the term “Natural” is being challenged as false or misleading.  The following is a partial listing of ingredients, additives and processing methods at issue in such cases.

“All Natural” Claims

Partial Listing of Ingredients and Processing Methods Challenged in Class Action Cases

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January 2013