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Private Surgeon General Class Action Defender

Tag Archives: GMO

USDA to Verify Non-GMO Claims

Posted in GMO

There is now a U.S. Department of Agriculture label for non-GMO claims. In a recent memo, Secretary of Agriculture Tom Vilsack announced that the USDA would verify non-GMO claims through the Agricultural Marketing Service’s (AMS) Process Verified Program. The memo states that “a leading global company asked AMS to help verify that the corn and… Read More

Vermont GMO Food Labeling Law Challengers Seek Preliminary Injunction

Posted in GMO

In the court battle to have Vermont’s genetically modified organism (GMO) food labeling law (Act 120) overturned, plaintiff trade associations filed a motion for preliminary injunction on September 11, 2014, seeking to enjoin Vermont government officials from implementing the law until the “litigation has run its course.” Grocery Manufacturers Association et al. v. William H…. Read More

GMO Bill Fails in California Senate

Posted in GMO

Despite the recent passage of a genetically engineered (GE) food-labeling law in Vermont, and similar bills appearing in legislatures in other states, proponents of labeling have again failed to pass such a law in California. Read our Client Alert.

More Expansive GMO Labeling Bill Moving Through Legislature

Posted in GMO

Last week, SB 1381, California’s revived genetically engineered (GE) food labeling bill, passed through the California Senate Judiciary Committee. If enacted, SB 1381 would take effect on January 1, 2016. As the bill has moved through the legislature since it was introduced in February 2014, various amendments have been introduced that could significantly impact the… Read More

FDA Refuses to Settle “All Natural” Debate

Posted in False Advertising Claims, GMO, Misbranding

The U.S. Food and Drug Administration (FDA)  has officially refused requests from several courts (discussed here and here) for a determination of whether and under what circumstances food products containing genetically modified organisms (GMOs)  may be labeled “natural.” Citing the need for extensive public input from the various stakeholders, the complexity of the issue and… Read More

New York District Court Trims GMO Class Action Against Frito-Lay Over “All Natural” Labels

Posted in False Advertising Claims, GMO, Motion to Dismiss, Primary Jurisdiction, Standing

Last week, a New York federal court dismissed numerous claims against Frito-Lay North America, Inc. in a multidistrict class action over “all natural” labels on Frito-Lay products such as Tostitos, SunChips and Fritos Bean Dip that allegedly contain genetically modified organisms (GMOs).  In re Frito-Lay North America, Inc. All Natural Litigation, 12-MD-2413 (RRM)(RLM).  U.S. District… Read More

Two More Courts Defer to the FDA in Food “Misbranding” Class Actions

Posted in GMO, Misbranding

We previously reported Judge Yvonne Gonzalez Rogers’ decision to stay proceedings in the Cox v. Gruma Corp. matter while the FDA is asked to decide whether food products containing genetically modified organisms (GMOs) may be labeled “natural” or “all natural,” and her subsequent decision to similarly defer to the FDA in a case against Wholesoy… Read More

What Would the FDA Do? Court Asks Agency to Resolve GMO Labeling Issue in “All Natural” Case Involving Mission Tortilla Chips

Posted in False Advertising Claims, GMO, Misbranding

Last month we highlighted a tentative decision out of the Northern District of California that contemplated a stay of proceedings in the Cox v. Gruma Corp. (Case No. 12-CV-6502 YGR) matter while the FDA is asked to decide whether food products containing genetically modified organisms (GMOs) may be labeled “natural” or “all natural.” (See prior… Read More

Connecticut Legislature Passes GMO Bill

Posted in GMO

The Connecticut legislature passed a bill earlier this week that would require food manufacturers to label products that contain GMOs. In case you missed it, the New York Times recently printed an article about the legislation. It can be found here. This is a big deal, and other states will likely soon follow. We note, however,… Read More

GMO Laws Spread to Washington and New Mexico

Posted in GMO

Just months after the November defeat of California’s Proposition 37, the “California Right to Know Genetically Engineered Food Act,” proponents of labeling genetically modified food have proposed similar disclosure laws in Washington State and New Mexico. Washington State’s initiative reads parallel to California’s Proposition 37 in many ways, with some sections of the proposed laws… Read More

Initiative to Label Genetically Modified Foods Fails in California

Posted in GMO

Yesterday, California voters rejected Proposition 37, the Right to Know Genetically Engineered Food Act by 53 percent to 47 percent. The voter initiative would have required labeling of most foods with genetically modified ingredients, estimated to include up to 80 percent of the foods found in most grocery stores. It would also have prohibited labeling… Read More

Strategies and Defenses for Retailers Named in Consumer Class Actions

Posted in GMO, Retailer Defenses

Are retailers at risk in private surgeon general class actions?  Often, their only conduct is putting a product on the shelf.  They haven’t designed the product, much less had any input on the product labels or advertising.  Yet, time after time, retailers are named as defendants in false advertising class actions.  Private surgeon generals often… Read More

Prop 37: The New GMO Initiative to Promote Food Litigation

Posted in GMO

Proposition 37 targets genetically engineered foods—comprising up to 70% of the U.S. food supply—by requiring labels that the proposition’s supporters hope will discourage consumers from buying such foods. These foods would have to display the words “Genetically Engineered” or “May Be Partially Produced with Genetic Engineering” on their packaging.  In addition, such foods could not… Read More