On Tuesday, November 10, 2015, the United States Food and Drug Administration (FDA) announced that it will accept public information and comment on the term “natural” in the labeling of food products, including foods that are genetically modified or contain genetically modified organisms (GMOs). 

In its request for comments, the FDA noted its “longstanding policy” regarding the use of the term “natural” in food labeling:  “The FDA has considered the term 'natural' to mean that 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 that food.” 

However, the agency also noted that the policy was not intended to address food production methods such as the use of pesticides, nor did it address manufacturing methods, including pasteurization or irradiation.  Finally, the FDA noted that its policy did not consider whether use of the term “natural” should include nutritional or other health benefits.

FDA Poses “Natural” Questions to the Public

To address these uncertainties and to respond to consumer petitions and requests from courts for administrative determinations over use of the term “natural,” the FDA has invited comment.  The FDA has requested general comments on the use of the term “natural” in the context of food labeling as well as answers to specific questions set forth by the agency.  The questions include the following:  

• Is it appropriate to define the term “natural”?
• If it is appropriate to define the term, how should the agency define “natural” and what types of foods should be allowed to bear a “natural” label?  For example, should the term apply only to raw agricultural products, single-ingredient foods or unprocessed foods?
• Should the agency ban the use of the term “natural” in food labeling?
• How should the agency determine the appropriate use of the term “natural” on food labels?

The agency also requested data that would offer information on whether consumers associate or are confused by the use of the terms “natural” and “organic” and whether consumers associate the terms “natural” and “healthy.”

Coordination with U.S. Department of Agriculture

The FDA’s notification explains that the agency is working with the U.S. Department of Agriculture (USDA) to examine and coordinate definition of the term “natural” in meat, poultry and egg products, which are regulated by the USDA.  The USDA already has a policy regarding use of the term “natural” for such products.

The FDA has assigned the request for comments Docket No. FDA-2014-N-1207 and is published at 21 CFR Part 101.  The agency expects to accept comments beginning on November 12, 2015.  Comments are due within 90 days of the publication.

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