Defending ‘Non-GMO’ Consumer Fraud Class Actions

Types : Bylined Articles

In recent years, food manufacturers have witnessed an extraordinary uptick in consumer fraud class actions over use of the term “natural” on labels – stemming from its lack of regulatory or statutory definition. Now there is another item on the food class action menu. History is repeating itself as consumers focus on their latest target: “non-GMO” / “non-GE” labeling – acronyms referring to genetically modified ingredients and/or genetically engineered processing. As with “natural,” there is no federal definition of GMO ingredients yet. So, here we go again.

Most recently, this latest iteration of the food label definition debate has compelled confrontation of these issues: (1) whether GMO feed given to animals that are later used to produce meat and dairy products renders those final products GMO food; and (2) if soft drinks are sourced from GMO corn syrup, does that GE processing rule out food sellers’ ability to claim their menu is non-GMO?

Legislators and courts have not yet answered these questions, but consumers’ recent successive and rapid-fire shots in the non-GMO battleground (with a split between at least two jurisdictions) promise to force the issues to a head.

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