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ARTICLE · 25 OCTOBER 2018

Is It "Natural?" - False Advertising Considerations

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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False advertising claims involving uses of the term "natural" have spanned the skincare, hair care, cleaning products, and food industries.

United StatesMedia, Telecoms, IT, Entertainment
Laura Johnson
Laura Johnson
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False advertising claims involving uses of the term "natural" have spanned the skincare, hair care, cleaning products, and food industries.  Two recently filed class-action complaints target use of this designation for popular beverages.  

In Lenora Rice, et al v. National Beverage Corporation (Circuit Court of Cook County, 2018CH12302, Oct. 1, 2018), a case recently filed in Illinois state court, Plaintiff Lenora Rice accuses National Beverage of using unnatural flavorings and synthetic compounds in its popular LaCroix sparking waters, in alleged contradiction to its "all natural" and "100% natural" advertising claims.  In particular, Rice claims that National Beverage's LaCroix beverages contain chemical compounds recognized as synthetic or artificial by the Food and Drug Administration ("FDA").  Rice contends that advertising products containing these ingredients as "natural" violates the Illinois Consumer Fraud Act and National Beverage's express warranties to

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