The campaign to require food labels to disclose the presence of Genetically Modified Organisms (GMOs) suffered a setback in 2012 when California’s Proposition 37 was defeated. However, the Proposition was overturned by a narrow 3 percent margin, indicating that a fair amount of support existed for the initiative. Supporters of the bill criticized the $44 million spent by food industry giants to counter the bill, and cited the massive campaign as a primary reason for its ultimate defeat. Since then, Maine, Connecticut and Vermont have all passed legislation mandating that genetically modified foods contain appropriate labeling.

While this battle has played out on the state level until now, Congress has recently weighed in on the use of mandatory labeling laws. In July, a majority of the House of Representatives voted to pass a law that would prohibit the federal government from enforcing mandatory labeling for GMO-containing foods. The most controversial aspect of the bill is the provision prohibiting states from passing legislation requiring food packages to contain labels indicating the presence of GMOs. The bill would effectively void the labeling law passed in Vermont that is scheduled to take effect in 2016.

The safety of GMOs in foods remains a controversial subject. Congressional members who support the bill maintain that labels may be misleading for consumers because they imply that GMOs pose a health risk and the Food and Drug Administration (FDA) guidelines do not support this assumption. According to the FDA, GMOs do no present known dangers to consumers. FDA policy requires that foods derived from genetically engineered plants meet the same safety standards as foods generated from traditionally bred plants.

Opponents of GMOs disagree; they claim that the absence of a causal relationship between GMOs and actual harm suffered by humans does not suggest that they are safe for human consumption. Moreover, it is difficult to conduct studies to determine whether GMOs cause harm in humans since is it is nearly impossible to identify those who have eaten non-labeled GMO foods, and the FDA relies on industry supplied data to see if GMO crops are “Generally Recognized as Safe.”

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about the practice.