Attention Food and Beverage Manufacturers: "Natural" Claims, Risks and How to Avoid Them

Walk the aisles of any grocery store, and the words will pop up before your eyes: “Natural!” “All-Natural!” “Gluten-Free!” The labels can be confusing for consumers, and their use can have major consequences for food and beverage manufacturers. Regulatory agencies, including the Food and Drug Administration (FDA) are paying close attention, and the result is a legal minefield. 

This program addresses:

• How the regulatory agencies define (or fail to clearly define) various food claims
• Actions regulatory agencies have taken against “violators”
• How these claims have attracted the attention of consumer groups, the media, the National Advertising Division (“NAD”), trade and certification groups  and the class action bar
• The new wave of food labeling litigation, including noteworthy settlements
• What manufacturers need to know to mitigate their risk

While food claims such of “Natural” and  “All Natural,” have entered the mainstream, it is still unclear on how they can and can’t be used in labeling, advertising and promotions.  In addition to the regulatory agencies, the use of these claims has attracted the attention of the NAD, consumer advocacy groups, the media, and the class action bar.  Numerous companies have paid out millions of dollars to settle class action lawsuits involving the use of certain food claims.  

In spite of the lack of clarity, Josephine Belli explains how manufacturers-marketers can mitigate their risk. 

Learning Objectives: 

I.   Identify how various regulatory agencies define such claims as “Natural” 

II.  Discover what litigation and FDA warning letters teach us about what is and what is not considered “Natural”

III. Learn how the NAD, consumer advocacy groups and the media have addressed alleged misuse of food claims

IV. Recognize how regulatory agencies are not adverse to the use of “Natural” claims and manufactures-marketers can look to guidance in order to mitigate any risks