Naked Settles After Getting Caught with Its Pants Down

Like most folks who choose to live a paleo, whole-food lifestyle, I typically try to select products that are “non-GMO” (that’s Genetically Modified Organism to you). Now, I’m not going to get into the morality of messing with foodstuffs to create new foodstuffs. However, I will say that in theory, from a scientific standpoint, I don’t have an issue with modifying organisms and think that in the right hands, some good can actually come of it. IN. THE. RIGHT. HANDS. I do not believe the right hands are those of Big Agra or Big Food, nor do I believe food is being genetically modified for the right reasons. The corporations that own most (if not all) of the companies you know and love and consider “healthy.” Kashi? Yeah, owned by Kellogg. Stoneyfield Farms Organic/Brown Cow? Purchased by Groupe Danone. Tom’s of Maine? Colgate-Palmolive actually got you covered.

It’s at this point, that I would like to turn your attention to the Naked Juice brand. Owned by Pepsi Co, a class action lawsuit was brought against Naked Juice for labeling its products as “All-Natural” and “Non-GMO,” when in fact, they were using synthetic substances and genetically modified ingredients. Among the causes of action in the lawsuit were violations of California’s Unfair Competition Law, False Advertising Law, and the Consumer Legal Remedies Act. The causes of action were based on the fact that consumers are generally willing to pay a premium for foods that are Non-GMO and 100% natural, and Plaintiffs were financially injured when they relied on Naked’s false and misleading labeling of its products as “Non-GMO” and “100% Juice” when the products contained many synthetic ingredients as well as genetically modified ingredients.

Aside from the fact that Naked Juice wound up settling this claim with the Plaintiffs, I am interested specifically in the fact that the FDA still remains unwilling or, according to them — too underfunded — to be able to define the term “natural” when it is applied to our food. Perhaps the FDA prefers to simply remain out of the legal fray. Whatever the reason, the FDA’s unwillingness to provide any guidelines regarding the labeling of our food as “natural,” will continue the barrage of lawsuits brought by consumers who feel they have been misled. Further, food companies will continue to play fast and loose with the labeling of their products, because they are not beholden to anyone to ensure the food they deliver is what it claims to be. Until a class or defendant refuses to settle, thereby requiring the courts to make a determination, the term “natural” will remain a gray term with no real meaning, despite consumers wanting to believe they’re buying something healthy. While I do believe legal precedent will be set regarding the labeling of our food, I do not foresee a change coming soon enough. Until then, I believe it is important that consumers recognize the term “natural” has no significant meaning of any kind. Hopefully, the more light that is shed on cases such as this will encourage more consumers to consider buying food that is labeled in a way that is regulated, with enforced standards, such as organic foods.