Silk advertised as organic; complaint filed against Target

Some of us are lucky enough to have access to local, organic milk, but most people have to rely on grocery store chains for their dairy or alternative-dairy needs. Brands like Silk and Horizon have become the primary sources for organic milk and soymilk for most people, which is why it's concerning that these brands (both owned by Dean Foods WhiteWave division) have shifted a number of their products, including some Silk products, to "all-natural" instead of organic ingredients.

Studies have shown that consumers don't understand what "natural" food labels mean, and tend to believe that "natural" foods are regulated by the government. While the USDA does regulate "natural" labels for meat and poultry, the label on any other food is essentially meaningless. Additionally, consumers who believe that Silk is organic (as some of it is) may not look for the USDA organic seal on every carton they buy.

After WhiteWave shifted to conventional soybeans, Target continued to advertise Silk as organic in mailers to its consumers. As a result, the Cornucopia Institute has filed a complaint with the National Organic Program's (NOP's) Office of Compliance alleging violations of the Organic Foods Production Act (OFPA) and the National Organic Program's regulatory standards. You can read the complaint here.

The complaint cites to OFPA Sec. 2106(a)(1)(A), which states that "a person may sell or label an agricultural product as organically produced only if such product is produced and handled in accordance with this title;" (a)(1)(B), which states that "no person may... affix market information concerning... an agricultural product if such label or information implies, directly or indirectly, that such product is produced or handled using organic methods;" and Section 205.100(c)(1) of the NOP's regulations, which state that an organization that "[k]nowingly sells or labels a product as organic, except in accordance with the Act, shall be subject to a civil penalty of not more than $10,000 per violation."

Target claims that it's investigating the situation. The company still has litigation pending in the Eastern District of Missouri over allegations that it marketed its store brand, Archer Farms, as organic when the brand did not meet USDA standards. (While you need a Pacer subscription to view the original complaint, you can read the plaintiff lawyers' case summary here.)

In the meantime, Silk claims that its soybeans are "responsibly sourced" and touts its partnership with Conservation International. The company's statement on sourcing is not clear as to why some of its beans are organic and others are merely "natural." Unless the company commits to either producing organically or not, confusion will likely continue.