FDA Determining How to Use ‘Natural’ on Food Labels

GMA, on the other hand, encourages FDA to recognize the “current realities” of food manufacturing, safety, and future food technologies and provide the food industry with “flexibility.” In its comments, GMA draws a distinction between organic and natural, with the latter being allowed to include biotech or GMO seeds. Synthetic or artificial ingredients, such as vitamins and minerals, would be allowed only as specifically authorized by FDA. Animal husbandry attributes, such as “free range,” ”fair trade,” or “grass fed” should have no bearing on a food or ingredient’s “natural” status, GMA says.

GMA supports a three-tiered approach to “natural” labeling. Tier 1: “All Natural” or “100% Natural” for all ingredients, processing aids, and incidental additives; Tier 2: “Natural,” the same as Tier 1 except processing aids and incidental additives would not be considered and colors from natural sources would be allowed; and Tier 3: “Made with Natural …” for individual ingredients meeting Tier 2 criteria in meaningful amounts, to be determined by FDA. “We recognize the complexity of balancing consumer perception with the technical aspects of food safety and processing technologies that must be considered,” says Karin F.R. Moore, senior vice president and general counsel, in GMA’s comments.

The Organic Trade Association (OTA) says that the confusion between “natural” and “organic” has had a “real impact” on the organic label, with consumers viewing the terms as being equal or similar, when they are not. In its comments, OTA prefers FDA to issue guidance that restricts “natural” from food labels except when its use is already provided for in regulation, such as “natural flavors.” The agency should focus on identifying and defining “single attribute” claims on labels, such as “no artificial colors or flavors,” “no synthetic ingredients,” “minimally processed,” or “produced without the use of GMOs.” If “natural” is permitted, OTA says FDA should require an explanation, such as “Natural—no artificial flavors or colors.” And, as to be expected, “natural” should not be allowed on or associated with GMOs.

The American Herbal Products Association (APHA) supports both FDA’s defining of “natural” as well as use of single attribute label statements, such as “Made with natural…” or “100% natural.” In its comments, APHA wants FDA to “prohibit use of the term on labeling of raw agricultural commodities from crops produced with genetic engineering (GE) or mutagenesis and on multi-ingredient products” that include GE ingredients. APHA also suggests that both ingredients and manufacturing processes be considered, with the latter being among a “traditional food preparation process…that retains the natural quality of the starting ingredients.”

The Natural Products Association (NPA) offers a different perspective on biotech products. In its comments, NPA supports FDA’s drawing a clear distinction between organic and natural foods, but notes that “’natural’ foods, which are products of the earth, can contain ingredients derived from biotechnology.”

“If ‘natural’ became synonymous with non-GMO, there would be no difference between the terms ‘natural’ and ‘organic,’ and it would be pointless for FDA to undertake defining ‘natural’ through federal rulemaking,” says NPA CEO Daniel Fabricant, PhD, in written comments. “Those consumers who simply wish to avoid artificial and synthetic ingredients should be able to do so by choosing ‘natural’ products,” he adds. “They should not be forced into choosing between conventional foods and ‘organic’ foods,” especially when the price of organic foods can be a purchasing barrier.

Agency Coordination An Issue

FDA doesn’t have sole jurisdiction over what is and isn’t “natural.” The Federal Trade Commission (FTC) has jurisdiction over food advertising claims, and evaluates each on a case-by-case basis, requiring advertisers to substantiate their claims even in the absence of clear definitions, according to a brief from the Sidley Austin law firm. USDA policy allows “natural” label claims for meat and poultry so long as the food contains no artificial or synthetic ingredients, is minimally processed, and the label explains the meaning of “natural.” FDA acknowledges it will need to coordinate with USDA in considering the issue, but doesn’t mention the FTC.