Posted May 13, 2014
Two food labeling cases recently reached settlement after a judge certified narrower classes of plaintiffs, according to an article by Forbes available here.
The cases, Astiana v. Kashi Company and Thurston v. Bear Naked concerned “all natural” labeling on food products. Judge Marilyn Huff, of the Southern District of California, issued opinions in the cases certifying “far narrower classes of plaintiffs.” The defendants in the cases are both owned by Kellogg’s.
The proposed settlements will be heard by Judge Huff on May 27.
In Astiana v. Kashi Company, the proposed settlement includes $5 million “out of which the incentive award will be paid” and $1,250,000 in attorneys’ fees and costs. Kashi will also remove the terms “All Natural” and “Nothing Artificial” from certain product labels.
In Thurston v. Bear Naked, the proposed settlement includes $2,000 in incentive awards for the named plaintiffs and a settlement fund of $325,000. Bear Naked will remove the terms “100% Natural” and “100% Pure and Natural” from its labels.
Kellogg Co. said it “stood by its advertising and labeling practices but that it would change its formulas or labels nationally by the end of the year” in a statement according to CBS News available here.
Lawsuits over food labels have become increasingly common, prompting food companies to proactively remove the term “natural” from labels.
The difficulty with the term “natural” on a food label is that the Food and Drug Administration (FDA) does not provide a definition. The FDA’s policy considers “natural” to mean “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 the food.” The FDA says it is “difficult to define a food product that is ‘natural’ because the food has probably been processed and is no longer a product of the earth.”
The Food Labeling Modernization Act of 2013, H.R. 3147, would require the FDA to establish a standard nutrition labeling system and set guidelines for the use of the term “natural.” The bill was introduced in September by Rep. Frank Pallone, Jr. (D-NJ). A recent post on the subject from this blog is available here.
For more information on food labeling, please visit the National Agricultural Law Center’s website here.
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