In light of representations that the parties are close to settlement, a multidistrict litigation (MDL) court has continued to stay proceedings in litigation alleging that the isolated appearance of genetically modified (GM) wheat in Oregon, which purportedly led Japan and South Korea to suspend imports of soft-white wheat from the United States, caused wheat farmers to sustain economic losses. Barnes v. Monsanto Co., C.A., MDL No. 13-2473 (D. Kan., order entered September 10, 2014). Information about the lawsuit filed by Kansas farmer Ernest Barnes appears in Issue 486 of this Update. The court ordered the parties to file stipulations of dismissal of the soft-white wheat claims on or before September 29, 2014, or to submit a scheduling order, discovery plan and early mediation plan by November 7. Issue 537
Tag Archives GMO
A Florida federal court has rejected a motion to dismiss in a case accusing Bodacious Foods of labeling its cookies as “all natural” despite containing sugar, canola oil, dextrose, corn starch, and citric acid, which the plaintiff alleges should preclude Bodacious from using the “natural” label. Dye v. Bodacious Food Co., No. 14-80627 (S.D. Fla., order entered September 9, 2014). Bodacious argued that the U.S. Food and Drug Administration (FDA) should have primary jurisdiction over the case, but the court disagreed, finding that FDA has declined to regulate the use of “natural” in food labeling. The cookie company also argued that its inclusion of all ingredients on the label was clear and not misleading, but the court found it “plausible that a consumer might rely on the ‘all natural’ representation without scrutinizing the ingredients or, alternatively, that a consumer might incorrectly believe that sugar, canola oil, dextrose, corn starch, and citric…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) seeks public comments on its environmental assessment of the proposed field release of a genetically engineered (GE) diamondback moth. A plant pest that feeds on cruciferous crops, such as broccoli, Brussels sprouts, cabbage, Chinese cabbage, cauliflower, collard, kale, kohlrabi, mustard, radish, turnip, and watercress, the diamondback, also known as the cabbage moth, is said to be highly fecund, capable of migrating long distances when carried by the wind and short lived. Some researchers attribute the increasing significance of the moth as a plant pest to insecticide resistance. The GE variety has been developed for “repressible female lethality and to express red fluorescence as a marker.” According to APHIS, “The purpose of the field release is to assess the feasibility and efficacy of these moths in reducing populations of non-genetically engineered diamondback moths.” Cornell University requested the permitted field…
Michael Specter has profiled “the Gandhi of grain,” Vandana Shiva, in a piece for the New Yorker that describes her as “a hero to anti-[genetically modified organisms (GMOs)] activists everywhere” while criticizing her inflammatory methods and unscientific arguments. Specter chronicles many of Shiva’s recent provocative statements—including a speech calling fertilizer “a weapon of mass destruction” and a tweet comparing GMOs on organic farms to rape—and attempts to debunk a few of her positions. In March 2014, Shiva told a Winnipeg food-rights group that GMOs and their associated herbicides caused the rise in autism, and Specter argues that she had merely confused causation with correlation, pointing out that the rise in autism also correlates with the sale of organic produce, the sale of high-definition televisions and the number of Americans who commute to work each day by bicycle. In addition, Shiva has apparently stated that the use of GM cotton in…
The People’s Republic of China Ministry of Agriculture has reportedly failed to renew the biosafety permits for two research programs growing genetically modified (GM) corn and rice, raising concerns about the future of GMO production in China. According to media sources, the Agriculture Ministry has not yet authorized any GMOs for public consumption and decided to discontinue further research after a state TV report allegedly identified illegal GM rice varieties in markets located near Huazhong Agricultural University, which was developing Bacillus thuringiensis (Bt) rice. Although Greenpeace representatives and other stakeholders apparently cited public opinion as the motivation behind the announcement, Chinese Academy of Sciences’ Center for Chinese Agricultural Policy Director Huang Jikun suggested that the self-sufficiency of the domestic rice market has made the commercialization of Bt rice unnecessary. In addition, critics of the ministry’s decision have questioned whether the debate over GMO safety has taken a political bent. As…
A recent Trends in Biotechnology review highlighting “genetically edited organisms” (GEOs) has reportedly suggested that new techniques designed to tweak the existing genome could gain greater public acceptance than older methods, which traditionally use plant bacteria to insert foreign genetic material into fruit and vegetables. According to an August 13, 2014, Cell Press news release, the review co-authored by Istituto Agrario San Michele researcher Chidananda Nagamangala Kanchiswamy also raises questions about how regulators will classify crops that possess genomes edited to optimize nutrition or longevity. “The researchers say that genetically edited plants, modified through the insertion, deletion, or altering of existing genes of interest, might even be deemed as nongenetically modified, depending on the interpretation of the EU commission and member state regulators,” notes Cell Press. In particular, these new tools could overcome legal barriers in countries slow to adopt genetically modified organisms (GMOs). “We would like people to understand…
A plaintiff has accused cereal company Organic Milling of mislabeling its Nutritious Living Hi-Lo brand cereals as “100% natural” despite allegedly containing synthetic and heavily processed ingredients and being produced with genetically modified (GM) crops. Mirto v. Organic Milling, No. BC553780 (Super. Ct. Cal., Los Angeles Cty., filed Aug. 5, 2014). The complaint alleges first that the use of GM crops in the cereal’s production precludes the company from using the phrase “100% natural” on its marketing materials, citing definitions from the World Health Organization and Environmental Protection Agency to argue that “GM crops are not ‘natural,’ and products made from these crops, including [Organic Milling’s products], are not ‘100% natural.’” The complaint further argues that Organic Milling’s use of canola oil in Hi-Lo cereal is not “100% natural” either because of the heavy processing required to produce the oil. The plaintiff also objects to the use of emulsifier soy…
The European Food Safety Authority (EFSA) has rejected the evidence submitted by France “in support of its request to prohibit the cultivation of genetically modified [GM] maize MON 810 in the EU.” As requested by the European Commission, EFSA reviewed the French report but determined that none of the cited studies “would invalidate the previous risk assessment conclusions and risk management recommendations made by the EFSA GMO Panel.” Noting that many of the issues in question were previously addressed by the GMO Panel, EFSA also considered the concerns raised by French authorities “in light of the most recent and relevant scientific data.” Based on these findings, the agency ultimately found “no specific scientific evidence, in terms of risk to human and animal health or the environment, that would support the adoption of an emergency measure on the cultivation of maize MON 810 under Article 34 of Regulation (EC) 1829/2003.” …
A recent Nature editorial warns that the U.S. Food and Drug Administration’s (FDA’s) reluctance to approve genetically-modified (GM) salmon for market could hinder future research into new gene-editing techniques. Titled “Fishy Business,” the article claims that even though a draft assessment found AquaBounty Technologies’ GM salmon “environmentally benign,” FDA conducted many of its deliberations “behind closed doors, fuelling confusion as to the cause of the setbacks, and rumors of political interference.” “As the delays have dragged on, the technology used to make AquaBounty’s salmon has become outdated,” explains the editorial. “In the current excitement over targeted gene editing that allows researchers to modify individual genes without leaving traces of foreign DNA, AquaBounty’s salmon—which contain a gene from another species—seem like a relic.” Meanwhile, FDA has yet to decide “how it will evaluate animals engineered with gene-editing techniques.” Raising questions about how these new products will fare under FDA’s oversight, the…
A California federal court has granted the plaintiffs’ request to dismiss their entire action with prejudice in a case accusing Gruma Corp. of labeling its Mission Restaurant Style tortilla chips as “all natural” despite containing genetically modified corn. Cox v. Gruma Corp., No. 12-6502 (N.D. Cal., order entered July 25, 2014). The plaintiffs’ stipulation to dismiss did not indicate whether the parties reached a settlement agreement. In the 2012 complaint, the plaintiffs alleged that Gruma violated state consumer protection laws like the Consumer Legal Remedies Act due to its alleged mislabeling; in July 2014, they debated Gruma’s motion to dismiss, in which the corporation argued that a reasonable customer would not have been misled by their labels, the complaint’s claims infringed the First Amendment, the plaintiffs failed to plead their fraud claims with the particularity required, and the court lacked jurisdiction to issue an injunction. Additional information on the case appears…
