Attorneys Question Recent GMO Labeling Law Effort

Last week, Sen. Barbara Boxer of California, Richard Blumenthal of Connecticut, and Rep. Peter DeFazio (D-Ore) announced the reintroduction of a federal bill that would mandate the labeling of foods or beverages containing GMOs.

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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Attorneys Mina Nasseri and Daniel Herling have written a blog questioning the most recent attempt to introduce a federal bill to mandate labeling of foods and beverages containing genetically modified organisms (GMOs). The attorneys work for Mintz Levin Cohn Ferris Glovsky and Popeo PC, which has offices in several U.S. cities, the United Kingdom and Israel.

Last week, Sen. Barbara Boxer of California, Richard Blumenthal of Connecticut, and Rep. Peter DeFazio (D-Ore)–joined by celebrity chef Tom Colicchio–announced the reintroduction of a federal bill that would mandate the labeling of foods or beverages containing GMOs. The bill is Senator Boxer’s second attempt at GMO labeling legislation; in 2013 she introduced similar legislation which ultimately died in committee.  Considering the first attempt at such legislation was a mere two years ago, one has to wonder: will things be different this time around?  We don’t know the answer for certain, but here are some points to consider:

  • In the last two years, state-wide labeling measures have been introduced, voted on, and rejected in a number of states, including Colorado, Oregon, and Senator Boxer’s home state of California.  This is the second time in two years such legislation has failed to take hold in California.  
  • The federal legislation will need to navigate its way through a Republican-controlled House of Representatives and Senate.  It also faces direct competition by the GOP’s own GMO measure, the Safe and Accurate Food Labeling Act of 2014.  This legislation, introduced by Republican Rep. Mike Pompeo (R-KS), is expected to see legislative action at the committee level in March or April of this year.
  • Senator Boxer’s bill includes a new provision, not in the 2013 version of the bill, that would prohibit the use of the term “natural” on GMO foods. Given that FDA has resisted numerous appeals, even from the federal judiciary, to provide a definition for “natural,” this provision will likely be subject to legal challenges.
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