Legal Issues with Federal Labeling of Genetically Engineered Food: In Brief. Emily M. Lanza, Legislative Attorney. September 22, 2015.

“Genetically engineered (GE) foods, sometimes referred to as genetically modified foods (GMO foods), are foods that are derived from scientific methods used to introduce new traits or characteristics to an organism. The labeling of GE foods has been the subject of debate among members of the general public and federal and state governments since the introduction of GE foods to the food supply in the 1990s. Federal law does not impose specific labeling requirements on a food just because it may or may not contain GE ingredients or was derived using GE techniques. The Food and Drug Administration (FDA) has yet to issue formal regulations and policies on the labeling of GE food. However, this absence of direct federal regulation
does not mean that GE foods are free from any federal oversight. Instead, labels of GE foods follow the same federal labeling requirements and guidelines outlined in the Federal Food, Drug, and Cosmetic Act (FFDCA) as non-GE foods. These labeling requirements prohibit false or misleading labels and address material information that may be relevant to the consumption of that food. However, some states have enacted laws that specifically demand manufacturers disclose the presence of GE ingredients in certain foods on the label. The United States Department of Agriculture’s (USDA’s) oversight over organic meat and poultry products involves the regulation of GE ingredients. However, the discussion of such oversight is beyond the scope of this report. In the context of this regulatory ambiguity, consumer claims in litigation concerning GE food often focus on allegely misleading or deceptive terms on the label when the food contains GE ingredients. Defendants in these cases typically make a motion to dismiss the case on the basis of deference to the FDA’s expertise in this area as articulated in the primary jurisdiction doctrine. However, courts have not consistently interpreted the primary jurisdiction doctrine (court deference to an agency when deciding an issue of first impression) in the context of GE labeling. This inconsistency has created further ambiguity concerning the broader issue of when courts should defer to the FDA’s expertise if the FDA has repeatedly declined to take action on a particular regulatory issue. Several bills have been introduced in the 114th Congress that address labeling of GE foods, including Genetically Engineered Food Right-to-Know Act (H.R. 913,S. 511) and Safe and Accurate Food Labeling Act of 2015 (H.R. 1599). Generally these bills would amend the FFDCA to impose specific labeling requirements disclosing information about GE techniques used in the production of a particular food product.”