“Organic” and “natural” sound like a matched pair of marketing terms, but they’re regulated by entirely different agencies under entirely different rules — and “natural” is the more dangerous one, precisely because it has no official definition to comply with. Shehadeh Giannamore, PLLC reviews organic and natural claims on food, beverage, cosmetic, and supplement labels and marketing to confirm they hold up under USDA certification rules where they apply, and under FDA/FTC misbranding and deceptive-advertising standards where they don’t.
| Who needs this | Food, beverage, cosmetic, and supplement companies using “organic,” “natural,” “all natural,” “non-GMO,” or similar claims |
| What’s reviewed | Labels, packaging, and marketing using organic or natural claims; USDA organic certification status where applicable |
| Legal basis | USDA National Organic Program (7 CFR Part 205) for “organic”; FD&C Act misbranding provisions and FTC Act § 5 for “natural” |
| What’s at stake | USDA fines up to $11,000 per violation and certification loss for organic; for “natural,” heavy consumer class-action exposure — it’s one of the most litigated claims in food law |
| Related reading | USDA Organic Labeling for certification-tier specifics · Nutrient Content Claims · Health Claims |
“Organic” Is a Legal Certification. “Natural” Is Not.
This distinction is the most important thing to understand before using either word, and it’s the thing most companies get backwards.
“Organic” is a legally defined, certified term administered by the USDA’s National Organic Program. You cannot use it — not even in a qualified form like “made with organic ingredients” — without the product or its qualifying ingredients being certified by a USDA-accredited certifying agent. There are exact tiers (100% Organic, Organic, Made With Organic) with exact ingredient-percentage thresholds, and using the term outside those tiers is a USDA violation with fines up to $11,000 per violation. See our USDA Organic Labeling breakdown for the full certification-tier rules.
“Natural” has no such certification and, more importantly, no formal FDA definition at all. FDA has never finalized a regulatory definition of “natural” on food labeling, despite decades of guidance documents and a 2015–2016 public comment period that went nowhere. That absence sounds like it should make “natural” the safer word to use — there’s no bright-line rule to violate. In practice, it makes “natural” more dangerous, because the term is instead policed after the fact by consumer expectation, FTC’s general deceptive-advertising authority, and — overwhelmingly — class-action litigation, none of which give you a compliance checklist to follow in advance.
USDA Organic Labeling Categories, at a Glance
| Category | Requirement | Can display USDA Organic seal? |
| 100% Organic | All ingredients certified organic | Yes |
| Organic | At least 95% certified organic ingredients | Yes |
| Made With Organic ___ | At least 70% certified organic ingredients; may list up to 3 specific certified ingredients/food groups | No |
| Below 70% organic | May list certified organic ingredients individually on the ingredient panel only | No |
(Full detail, including which ingredient categories qualify and what’s prohibited, is covered in USDA Organic Labeling.)
Why “Natural” Claims Are a Class-Action Magnet
Without a regulatory definition, “natural” gets tested against what a reasonable consumer would expect the word to mean — generally, no synthetic ingredients, no artificial processing aids, and (increasingly, in litigation) no genetically modified ingredients. Plaintiffs’ firms have built entire practices around “all natural” class actions, and the fact pattern is almost always the same: a product labeled “all natural” that contains a synthetic preservative, a GMO-derived ingredient, or an ingredient that underwent a chemical process a consumer wouldn’t expect from something “natural.” FDA and FTC can also act independently under general misbranding and deceptive-advertising authority, but in practice, private litigation moves faster and more often than either agency does on this specific claim.
Not sure if your current label or marketing would survive an FDA review? Get an attorney's eyes on it before you find out the hard way.
Schedule a ConsultationOur Organic and Natural Claims Review Process
- Submit your label, formula, and marketing copy — including any USDA organic certification documentation you hold
- Certification-tier verification for any organic claim against USDA National Organic Program requirements
- Litigation-risk review for any natural claim, benchmarked against current class-action patterns and FTC guidance
- Written findings on what’s compliant, what needs certification support, and what needs to come off the label entirely
- Compliant alternative language and final sign-off before print or publication
Common Organic and Natural Claim Mistakes
- Using “made with organic ingredients” as a generic claim rather than the required “made with organic [specific ingredient/food group],” naming no more than three
- Displaying the USDA Organic seal on a product that qualifies only for “Made With Organic ___” status, which is not seal-eligible
- Labeling a product “all natural” while it contains a synthetic preservative, emulsifier, or processing aid
- Using “natural” and “non-GMO” together without verification of the second claim, which invites scrutiny of both
- Assuming “natural” carries no compliance risk because FDA hasn’t formally defined it — the absence of a rule is not a safe harbor
What does “natural” mean on a food label?
FDA has never finalized a formal regulatory definition of “natural.” In practice, the term is evaluated against reasonable consumer expectations — generally, no synthetic ingredients or artificial processing — through FTC deceptive-advertising authority and, most commonly, consumer class-action litigation.
Can I use the word “organic” without USDA certification?
No. “Organic” is a certified term under the USDA National Organic Program. Using it — including in a qualified phrase like “made with organic ingredients” — without meeting the applicable certification tier is a violation that can carry fines up to $11,000 per violation.
What’s the difference between “100% Organic,” “Organic,” and “Made With Organic”?
“100% Organic” requires all ingredients to be certified organic. “Organic” requires at least 95%. “Made With Organic ___” requires at least 70% and may name up to three specific certified ingredients or food groups, but the product cannot display the USDA Organic seal.
Why do so many “all natural” lawsuits get filed if there’s no legal definition?
The lack of a formal definition doesn’t stop litigation — it shifts the test to what a reasonable consumer would expect “natural” to mean, which plaintiffs’ firms argue (often successfully) excludes synthetic ingredients, artificial processing aids, or GMO-derived components.
Does a “non-GMO” claim carry the same risk as “natural”?
Yes, and often more, since “non-GMO” is a specific, verifiable factual claim. Making it without verification (such as Non-GMO Project certification or equivalent testing) is generally easier for a plaintiff to disprove than a vaguer “natural” claim.
Talk to an Organic and Natural Claims Attorney
Before you print "organic," "natural," or "non-GMO" on a label or ad, get the claim checked against the rules that actually apply to it. Contact Shehadeh Giannamore, PLLC for a consultation.
Toll-free: (866) 785-0873
Direct: (305) 507-9843
Email: contact@giannamore-law.com
Schedule a ConsultationThis page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.