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I. Introduction 657
II. Background: Rules and Regulations Governing Food Labeling 658
A. The Rise of "Natural" in the Food Industry 659
B. The History of Governing Federal Laws and the FDA 's Authority 659
C. The USD A 's Meat and Poultry "Natural" Standards 661
III. Analysis: How Agencies, Corporations, and Courts Approach the
"Natural" Problem 662
A. The FDA 's Approach to "Natural" 662
B. The USDA 's Approach to "Natural '' 664
C. Food Corporations ' Approaches to "Natural " 665
D. The Hormel Court 's Approach to "Natural " 666
E. The Judiciary 's Approach to "Natural " 669
IV. Recommendation 670
A. "Natural" Should Mean "Natural" 672
B. "Natural" is a Privilege, Not a Right 674
V. Conclusion 674
I. Introduction
Tortilla chips, orange juice, soda, and ice cream: not only are they some of America's most popular, satisfying, calorie-laden foods, but these packaged products have another thing in common: a "natural" label.1 Tortilla chips do not simply grow out of the ground or sprout from tree branches, so what exactly is a "natural" tortilla chip? Does the label mean the tortilla chips are made from fresh, locally grown ingredients? Does it mean that the chips do not contain any artificial ingredients or flavorings? Or, does it mean that the tortilla chips do not contain any processed or genetically modified ingredients? No matter the specifics, the label must mean that the tortilla chips are healthy, right? Many consumers are asking similar questions; unfortunately, it is currently impossible to find definitive answers.
This Note explores the use of "natural" in the food industry and the problems surrounding the term. Part II of this Note examines the rules and regulations that govern food labeling in the United States and the agencies that oversee "natural" labels. Part III explores the varying approaches that entities use to define the term "natural." The FDA and USDA have not followed the necessary administrative procedures to issue a final rule regarding "natural," which has led to numerous class action lawsuits against corporations that use the term. Courts face the challenge of identifying the appropriate uses of "natural" labels, which in turn has created inconsistencies among states. These inconsistencies burden courts and corporations that use the undefined...