On November 10, the federal Food and Drug Administration (FDA) announced that it is seeking public comments on use of the term “natural” on food labeling. FDA, “Natural” on Food Labeling (Nov. 10, 2015). The agency explained that its actions were prompted by the “changing landscape of food ingredients and production, and in direct response to consumers who have requested that the FDA explore the use of the term ‘natural.’” The announcement came as a surprise since FDA had previously declined requests from consumers, the food industry, and federal judges to define the term.

BACKGROUND -

FDA has not regulated the term “natural” on food labels. However, in 1993 it issued an informal “policy,” which has two prongs: (i) “nothing artificial or synthetic (including all color additives regardless of source) has been included in, or has been added to, a food” (ii) that “would not normally be expected to be in the food.” 58 Fed. Reg. 2302, 2407 (Jan. 6, 1993).