On October 5, 2018, the internet went abuzz with news that La Croix, a refreshing favorite to millennials and soccer moms alike, was targeted with a high-profile class action suit. Arguing that La Croix’s labeling failed to live up to “all natural” claims, the allegations are ugly, particularly in reference to the ingredient linalool and its purported use in “cockroach insecticide.” The suit has led to a number of questions as to whether La Croix’s products are natural and how the Company could dare to (allegedly) use cockroach killer in a food product.
Cockroach Killer or Food Ingredient?
Linalool is considered Generally Recognized as Safe (GRAS) for use in human foods as a synthetic flavoring substance by the FDA under 21 C.F.R. § 182.60. This means that linalool can be used in foods and is considered safe by the Agency. In fact, linalool has widespread application from foods to cosmetics and other FDA-regulated products.
The ingredient’s alleged use in insecticide does not in itself make the ingredient dangerous or inappropriate for use in food. If it did, then even water, which has numerous applications outside of food uses, including insecticides, would be considered dangerous. In short, it’s a good headline and it would probably make any company wish they had already entered into a settlement, but that does not mean the ingredient is unsafe.
But is it “Natural”?
Although there is no current FDA regulation defining “natural”, the Agency has stated that it considers the term to mean nothing artificial – which isn’t saying much. The Plaintiffs best argument is probably that the GRAS regulation specifically notes that linalool is synthetic, which may well disqualify it from use with “all natural” claims. However, with no actual regulation to violate, the case may be somewhat more complex. For more information on “Natural” claims and FDA regulations, visit our previous article here.
In sum, La Croix is faced with a difficult situation, as the intricacies of food and drug law are not well understood leaving emotional headlines like “La Croix Sued Over Use of Ingredient Found in Cockroach Insecticide” to dominate the conversation. If you have any questions about labeling or ingredient regulations, please feel free to contact us at contact@sglawfl.com.
