Gerber Is Off The Hook, At Least For Now
By Sam Lewis
California judge rules that use of “natural” on baby food labels is OK
Last week, California judge Lucy Koh dismissed, at least in part, a lawsuit against baby food company Gerber. The plaintiff, Natalia Bruton, alleged that Gerber used misleading and false claims on the labels of its Nature Select 2nd Foods, Yogurt Blends Snack, Toddler Fruit Strips, Graduates Puffs, Graduates Wagon Wheels, and Graduates Lil’ Crunchies.
Bruton alleged the labels of the products are misleading in that the foods are good sources of Vitamins C and E, Zinc, and Iron, and aid in “healthy growth and development.” The lawsuit also challenges claims on Gerber’s baby food labels describing the products to be an “excellent source,” “good source,” “as healthy as fresh,” “no sugar added,” and “natural.”
The judge ruled in favor of Gerber, owned by Nestle. However, Gerber’s win was largely based on the company’s disputing that it made any claim that the products were 100 percent natural. According to Gerber, the labels in question say the products are “made with 100 percent natural fruit.” Gerber added that only this statement is truthful and must be read in context. It seems Gerber is trying to say that consumers who believe the entire product is completely natural are mistaken.
In the case document, Koh stated: “The plaintiff fails to explain why a label claiming that a product is ‘Made with 100% Natural Fruit’” plausibly implies that the entire product — which contains ingredients other than fruit — is free of synthetic ingredients or ingredients not normally expected to be in food. Thus, the plaintiff fails to set forth why a reasonable consumer would find defendants’ labels to be false and misleading.
Koh’s ruling gives Bruton 30 days to amend her claims under California’s unfair competition and false advertising laws, as well as the Consumers Legal Remedies Act. It might prove difficult for Bruton to amend her claims and further her case. Currently, the FDA has not given a formal definition of the term “natural,” instead relying on food manufacturers to self-police, using the term when individual companies feel it is appropriate.