A federal appeals court ruled in favor of Natural Grocers (Lakewood, CO), the Center for Food Safety (CFS) and other plaintiffs challenging U.S. Department of Agriculture (USDA) rules under the Bioengineered Food Disclosure Standard Act.
Natural Grocers led the lawsuit to “uphold consumers’ right to clear, accurate and easily accessible information about their food.” According to the company, the decision overturns three major loopholes that “would have kept consumers in the dark.”
Retailers and brands may use “GMO [genetically modified organism],” which consumers widely recognize. Previous USDA rules focused on the exclusive use of the term “bioengineered,” a term the plaintiffs felt was “confusing and infringed on free speech.”
The court rejected rules allowing companies to rely solely on QR codes or text for disclosure. Natural Grocers argued not all consumers have smartphones or reliable internet access, and the ruling requires companies to “provide clear, on-package information accessible to everyone.”
The court also found USDA was “wrong” to exempt highly processed foods, such as oil and sugar from labeling. Even if altered genes are undetectable in the final product, the ingredients still originate from bioengineered crops.
The ruling means consumers will receive clearer, more transparent labeling. USDA must revise the rules to ensure disclosures are accurate and accessible for the next rulemaking, the company said.
“Congress never intended to require the use of specific terms, the sole use of QR codes, or the exclusion of ingredients made from highly processed GMO crops,” said Heather Isely, executive vice president of Natural Grocers. “We are pleased the court recognized the shortcomings of the final rule and mandated corrections. Natural Grocers will remain actively engaged in the GMO regulatory process.”
“This hard-won victory means consumers will eventually see the clear and accurate GMO label information they deserve. The USDA must now correct its rules and make label disclosures readily accessible across the board,” added George Kimbrell, legal director of CFS.
For more information, visit www.naturalgrocers.com.
