Consumers want more natural, less processed, ‘clean’ foods. But do they give certain brands – and categories – a pass? And what cues are they looking for? Checkout what our consumer and legal experts had to say in the opening session of our Natural and Clean Label Trends online event, which is now available on demand if you register HERE.
On the one hand consumers see natural as meaning foods and beverages that are as close to their original state as possible, that seem to be minimally processed and absent of synthetic ingredients. But they also recognize that the term ‘natural’ used on foods is ill defined, not regulated and less reliable than the organic seal. However, natural still remains the ideal that they are seeking. Dr Shelley Balanko, Hartman Group
In general, ‘clean’ overlaps with natural, organic, and less processed. It’s simple foods that haven’t been interfered with... But it also connotes transparency - food that is knowable and forthcoming about its ingredients and practices, and consumers’ expectations about that level of transparency are becoming increasingly more granular. Dr Shelley Balanko, Hartman Group
In the beginning, clean label was about removing artificial colors and flavors and ‘cleaning up’ the packaged food supply. Now, it’s a more detailed conversation, so not just, ‘Does it contain a non-nutritive sweetener?’ but how was that sweetener sourced or processed? Did it use alcohol or water solvents? Dr Rachel Cheatham, FoodScape Group
What would a reasonable consumer consider ‘highly processed?’ That’s the legal test. But to some extent, all food that’s mass manufactured is processed. A lot of courts use common sense, but there are situations where they can go different ways. The stevia cases are good examples: some courts say, you've got to get it out of a leaf somehow, for goodness sakes, but others say a reasonable consumer might not think this [extraction] process is 'natural.' Angel Garganta, Venable
‘Clean’ and ‘eating clean’ are highly subjective terms. For one consumer, ‘clean protein’ might be as basic as a skinless chicken breast, but for another consumer it might mean no GM feed, no antibiotics, and not factory-farmed. Dr Shelley Balanko, Hartman Group
It’s interesting to me how quickly the food industry has jumped on using Non GMO as a marketing tool [to connote ‘natural’ or ‘healthy’]. Rather than evaluating the pros and cons of genetic engineering from a health and environmental standpoint, they immediately said let’s just go Non GMO. Dr Jenna Bell, Pollock Communications
This [equation of clean label and natural with healthy] has been a point of contention for registered dietitians for years. Plus plenty of things that are natural are not necessarily good for your health. Dr Jenna Bell, Pollock Communications
We just need to throw away the term ‘processing’ because as soon as you mix something it’s ‘processed.’ Dr Jenna Bell, Pollock Communications
Plaintiff’s attorneys are looking not only at the actual ingredients in the product, but also how they’re sourced. So I’ve got cases that deal with the term ‘natural’ when products are made from milk fed allegedly GM feed, so even though there’s no detectible GMO in the yogurt or milk, they claim the final product is not ‘natural.’ Those cases have fared differently depending on what court they have been in. Angel Garganta, Venable
We’re now overlapping the foods that we buy with who we want to be, so natural on a package… is also a lifestyle, I live more naturally, I have a clean lifestyle. It’s not just about food, it’s about makeup, household products and ‘clean’ cleaning products. It could mean local, it could mean free from ‘chemicals.’ But just because something is natural doesn’t mean that it’s sustainable. Dr Jenna Bell, Pollock Communications
Consumers are not [yet] aware of the science that goes into a product like the Impossible Burger. Do consumers understand the bioengineered yeast that’s used to make heme? They don’t. The question is to what extent will consumers say, well I’m not sure about that, but I really like the value proposition of what this brand stands for. Dr Rachel Cheatham, FoodScape Group
‘Processed food’ has varying definitions. Some research suggests there is higher risk of mortality in adults if we eat ‘ultra-processed foods’ as the cornerstone of our diet. So does that mean that the Impossible Burger is an ultra-processed, unhealthy food? I would say no, but it’s a lot for consumers to sort through. Dr Rachel Cheatham, FoodScape Group
There is a slew of cases right now involving malic acid, an ingredient that can serve multiple functions in a food, including flavor, flavor enhancement, and pH control. The theory of the plaintiffs is that malic acid is an artificial flavor, so they have sued a number of companies saying that when you put ‘no artificial flavors’ on your label, that’s false because they contain malic acid. The response from the companies has been: that’s not what we’re using it for. Many courts have declined to dismiss these cases because it is a factual question, so this is an area that continues to foster a lot of litigation. Angel Garganta, Venable
I advise clients to get as much information as they can about their ingredients. There have been lawsuits challenging claims on products containing citric acid [which is found naturally in things like citrus fruits but is often produced commercially via microbial fermentation, and like malic acid, can serve multiple functions in a food product]. There have also been challenges over ascorbic acid. Angel Garganta, Venable
Plenty of new class action cases on glyphosate residue in cereal products are challenging not only ‘natural’ claims, but also [presenting the] theory that you [are selling misbranded products because] you didn’t disclose those trace amounts of glyphosate. Angel Garganta, Venable
In order to be considered relevant in contemporary food culture, you do need to clean up your ingredients to an extent, but consumers will give some iconic brands a pass, because even if they are highly processed and full of artificial ingredients, consumers don’t want you to mess with them. Dr Shelley Balanko, Hartman Group
Consumers are aware of the difference between natural and organic, especially when it comes to on-pack labels. For some consumers, regenerative agriculture is of interest and certifications around biodynamic are of interest, but that’s not really a mainstream concern right now. Dr Shelley Balanko, Hartman Group
From our consumer research, the jury is out [on cell cultured meat], but next month we’re kicking off a syndicated study to look at consumer perceptions of food and technology. What we’ve seen in our past research is that consumers are typically interested in trying new things if they perceive them to be healthier for themselves first and then healthier for the environment. Dr Shelley Balanko, Hartman Group
In the last decade, consumers have been more interested in real fresh less processed foods, so it’s all about ingredients sourcing and production practices. The more ‘real’ those ingredients and production practices seem, the more amenable consumers are. Dr Shelley Balanko, Hartman Group
When it comes to what consumers think is healthy, we’ve moved beyond nutrition. We can’t be single issue voters anymore. We can’t define health just on the amount of saturated fat or sugar. Consumers are saying we need to broaden the conversation. Dr Jenna Bell, Pollock Communications
For some years now there have been numerous class action lawsuits about food labeling, in fact it’s one of the most active areas in which class action litigation is filed, in part due to the increased interest from the public in things like natural and clean label … and this is all happening in a relative regulatory vacuum. And plaintiff’s counsel fill that vacuum. The FDA has not clearly defined what ‘natural’ means and there’s no clear legal definition of ‘clean’ or ‘processed.’ Angel Garganta, Venable
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