In a surprising change of tack, the U.S. Food and Drug Administration (FDA) announced last week that it will accept public comments on the use of “natural” claims on food labels. The move, which may signal FDA’s intention to formally regulate use of the term, has potentially far-reaching consequences in a number of different arenas. Crucially, an FDA rule defining “natural” might provide consumers more certainty about the food they eat, could trump increasingly common state legislation on the subject and may curtail the flood of class-action litigation challenging “natural” claims on products that contain genetically engineered organisms (GMOs) or bioengineered ingredients, or that are otherwise processed in a manner objectionable to certain stakeholders. Until last week, the FDA has steadfastly refused to regulate the term “natural” on food packaging. In 1993, the FDA issued nonbinding guidance that the term “natural” meant “nothing artificial or synthetic, including food coloring, had been included or added to the food.” Genetic engineering and other innovation quickly rendered that guidance virtually meaningless. Since 1993, though, the FDA has repeatedly declined to provide binding guidance on the term. Just last year, the FDA declined pointed requests from three federal judges who stayed consumer class-action litigation and asked the agency to determine the meaning of the term “natural.” The uncertainty engendered by the FDA’s inaction created a void that litigation and patchwork legislation across the county attempted to fill – particularly with regard to food containing GMOs. For example, in 2014, Vermont passed a law prohibiting the use of “natural” claims on foods that contain GMOs, legislation which was vigorously opposed by many in the food and beverage industry. In response, divergent interests in the U.S. Congress have introduced competing federal legislation to resolve the same issue nationally. But an FDA rule could preempt state […]