Whether to label foods as either containing genetically-modified organisms (GMOs) or being GMO-free is getting more complicated. On the one hand, Vermont’s GMO-labeling law, which has thus far survived legal challenge, will require by next July that all foods for sale at retail in the state bear labeling regarding GMO content. On the other hand, many retailers and food producers seeking to capitalize on consumer perceptions that GMO-free foods are healthier, have voluntarily adopted GMO-free labels. No matter if such labeling is voluntary or compelled, the seller faces difficult evidentiary burdens in trying to substantiate GMO label claims. Let’s say it can be proved that GMO ingredients are not contained in a finished food item. How far up the production chain must one go in order to ensure GMOs were not otherwise involved in the process?
Last week, the popular restaurant chain Chipotle was sued in a proposed class action over its GMO-free claims. Chipotle has prominently made serving GMO-free food, and small farming in general, a centerpiece of its marketing. Its anti-GMO marketing stance has
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