Proposed GE Food Labeling Legislation in California Would Limit Litigation

California Senator Noreen Evans (D-Santa Rosa) has introduced legislation
(S.B. 1381) that would require labeling for genetically engineered (GE) foods
but also place limits on potential litigation arising from the failure to label
such products. Under the California Right to Know Genetically Engineered
Food Act, “any raw agricultural commodity or packaged food that is entirely
or partially produced with genetic engineering” would need to bear labels
stating that the product in question was “Produced with Genetic Engineering”
or “Partially Produced with Genetic Engineering.” The bill would allow the state
attorney general or an injured resident “to bring an action for injunctive relief
against a violation of these provisions, as specified.”

Unlike previous efforts, however, the current proposal would “authorize a
court to award a prevailing plaintiff reasonable attorneys’ fees and costs,
and would prohibit a court from awarding monetary damages in an action
brought under the bill’s provisions.” It would also protect farmers and
retailers from litigation, providing a defense under the law if a retailer relied
on a wholesaler’s or distributor’s disclosure that the food was not produced
through genetic engineering.

“California paves the way for federal laws,” said a spokesperson for the Center
for Food Safety, which helped draft the measure. “Since the U.S. Food and
Drug Administration has to date refused to label GE foods, it is up to individual
states to lead the way and protect our state’s interests, including public
health, consumers right to know, and our farmers and agricultural lands.” See
CFS Press Release, February 21, 2014; Law360, February 24, 2014.

Issue 515