In early December two class action lawsuits were certified by the United States District Court for the Southern District of California against two popular “natural” product companies — Kashi and Bear Naked Inc. The lawsuits claim that both companies have misled consumers with false claims of “100% Natural” or “Nothing Artificial” ingredient lists. The court has ruled that the plaintiffs have proven that some of the “natural” ingredient claims are not true and some of the ingredients used were synthetic.
FoodFacts.com is all too familiar with manufacturer claims of “natural” ingredients. There are many ways companies can make that claim legally, regardless of whether or not we would consider it true. Kashi and its subsidiary Bear Naked Inc. certainly wouldn’t be the first companies to assert that their claim of “natural” ingredients” is consistent with current federal law.
This lawsuit specifically states that Kashi and Bear Naked products were found to contain Alph-Tocopherol Acetate and Hexane-processed soy ingredients. Hexane is listed as a federal hazardous pollutant and was identified as a toxic contaminant by the California Assembly in 1993.
Kashi is a leader in the natural foods market and has successfully branded itself as a nutritional, environmentally conscious manufacturer. Plaintiffs in the lawsuit hope to show that Kashi is deceptive about its branding and misleads consumers to believe that their products do not contain artificial ingredients. They assert that as a result of their misleading labeling, Kashi has been able to sell products to hundreds of thousands of consumers nationwide.
In addition, plaintiffs claim that Bear Naked labeled products containing potassium carbonate, glycerin and lecithin as “100% Natural”. These ingredients are all recognized synthetic chemicals under federal regulations.
Both companies deny that their labeling is misleading. Kashi and Bear Naked state that their claims are truthful and consistent with federal law. The trail will begin for both lawsuits on February 11, 2014.
It’s definitely worth noting that the use of the word “natural” by food manufacturers is in decline. That seems to be a direct result of lawsuits like these. FoodFacts.com believes that consumers are getting smarter about the branding practices of mainstream food manufacturers. But we also think that those same consumers can develop a strong relationship with companies like Kashi and Bear Naked because they aren’t necessarily viewed as mainstream manufacturers (even though they’re owned by Kellog’s). These aren’t the first lawsuits against these two companies. It’s worth keeping an eye out for the results. We’ll all be happier consumers when we can count on any manufacturer’s “natural” and “nothing artificial” claims.