(FROM THE WALL STREET JOURNAL 11/19/14)
By Tennille Tracy and Annie Gasparro
General Mills Inc. agreed to keep the phrase "100% Natural" off
a brand of granola bars and related products as part of a legal
settlement, the latest concession by the food industry in the
battle over how to define natural foods and ingredients.
The settlement, announced Tuesday, stems from four lawsuits
filed by consumers and advocacy groups in 2012 that accused General
Mills of making misleading statements by marketing its Nature
Valley products as natural when they contained genetically modified
and processed ingredients.
Under the settlement terms, General Mills agreed not to use the
"100% natural" claim for products that include a number of
processed ingredients, including corn syrup and the food additive
maltodextrin. The agreement also prohibits the company from using
the phrase on products containing anything more than a trace amount
of genetically modified substances.
At least some of the packaging for Nature Valley granola bars
already appears to have changed. Nature Valley granola thins used
to include a "100% Natural" claim on the box, according to a July
2012 lawsuit. Products on the shelves at several Chicago retailers
on Tuesday instead have a stamp that reads "made with 100% natural
oats."
A spokeswoman for General Mills said the changes were made in
2012 and preceded the lawsuits, which she said the company fought
because the suits sought damages. She said General Mills agreed to
the settlement to avoid further litigation, and has no plans to
change its current labels.
The settlement doesn't mention damage payments. Steve Gardner,
litigation director for the Center for Science in the Public
Interest, a Washington, D.C.-based group that filed one of the
lawsuits against General Mills on behalf of consumers, said
plaintiffs received small amounts, in part to cover legal costs. He
disputed the timing of the changes to the General Mills labels.
The Food and Drug Administration hasn't created a formal
definition for the word "natural" but believes the term should only
be applied to products that are free of artificial or synthetic
substances.
Consumers, seeking a more stringent standard for what
constitutes a natural food or beverage, have started to file
lawsuits against companies using the phrase for marketing
purposes.
Lawyers estimate at least 100 lawsuits were filed between 2011
and 2013, The Wall Street Journal reported last year. Consumers
have targeted PepsiCo Inc., Campbell Soup Co., Ben & Jerry's,
Kashi, Skinnygirl and dozens of other food and drink brands.
Several companies have quietly removed "natural" claims from the
juice, ice cream, potato chips and other foods they make. Campbell
eliminated the claim from Pepperidge Farm Goldfish crackers and
Pepsi got rid of the phrasing on its Naked juice bottle.
The General Mills settlement prevents the company from using the
"100% natural" claim on dozens of products in the future, said Mr.
Gardner, of the Center for Science in the Public Interest.
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