As California food companies prepare for the potential impact of Proposition 37, courts are already experiencing a preview of what is sure to come. A surge of litigation related to genetically modified organisms in food products has recently come to California, as well as the country at large. Plaintiffs attorneys have answered Prop 37′s call to arms before California voters have even decided whether or not to require GMO labeling on food products and whether to prevent “natural” statements on products that contain GMOs. These early birds are bringing suit and challenging “natural” labeling statements for a wide variety of products that may or may not contain GMOs. Hoping to catch their worm before the other litigants follow if Prop 37 passes, attorneys are taking their chances now, arguing that the labeling is misleading under state consumer protection statutes.
Battle Over California’s ‘Right to Know’ GMOs
Dubbed “California’s Right to Know” Act, this high-profile ballot initiative in California will require the words “Genetically Engineered” or “May be Partially Produced with Genetic Engineering” on food labels that contain, or may contain, GMOs. Estimates suggest this will include up to 70 to 80 percent of the U.S. food supply. The law will also prohibit labeling “genetically engineered” foods with terms such as “natural” and “naturally grown.” On Tuesday, California voters will decide whether to enact the first such law in the United States.
The Plaintiffs Bar Moves First
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