FDA Determining How to Use ‘Natural’ on Food Labels

Given the confusion that exists between federal government agencies as well as among food producers and consumers, it is not surprising that Congress has attempted to address the “natural” issue. So far, the efforts have been unsuccessful. The Food Labeling Modernization Act of 2015 (HR 4061/S 2301) would have required the term “natural” to exclude any artificial or synthetic food or ingredients, including artificial flavor or added color, with definitions to be partly based on consumers’ understanding of the term. The measure, identical to one introduced in 2013 (HR 3147/S 1653), failed to emerge from committee. In July 2015, the House of Representatives passed the Safe and Accurate Food Labeling Act (HR 1599). It was referred to the Senate Agriculture Committee, where it languished. The measure would have required FDA to promulgate a regulation defining the term, which would preempt state and local requirements. The bill would also have required mandatory GMO labeling and require USDA’s Agricultural Marketing Service to enact a voluntary GMO certification program.

Considerable controversy continues to swirl around the issue of GMO labeling. In mid-July, both the U.S. Senate and House passed S-764, a bill that authorizes USDA to establish a single national standard for GMO labeling within two years. The measure specifically blocks states from enacting their own GMO labeling requirements, such as Vermont’s mandatory GMO labeling bill, the nation’s first, which went into effect on July 1. Many food manufacturers and industry groups had expressed concerns over the likelihood of a “patchwork” of such state laws.

The federal legislation requires GMO label disclosure by way of text, symbol, or electronic or digital link. Opponents say this is inadequate because food companies could simply put a QR code on the label with the words, “scan here for more food information.” The bill was sent to the White House, where it was expected to be signed into law.