The U.S. Food and Drug Administration (FDA) has announced an extension to its comment periods for information on the use of genome editing techniques in animals and in plant varieties used for human or animal food. Comments on FDA's draft guidance, "Regulation of Intentionally Altered Genomic DNA in Animals," and on the use of genome editing techniques to produce new plant varieties will be accepted until June 19, 2017. Issue 631
Tag Archives GMO
A majority of EU countries reportedly voted against allowing the cultivation of two genetically modified (GM) types of maize as well as the extension of approved cultivation areas for another GM maize already grown in Spain. Neither vote was decisive under EU rules, which require 65 percent of countries’ votes to decide, so the determination will go to European Commission President Jean-Claude Juncker. See Reuters, March 27, 2017. In an April 4, 2017, press release, members of European Parliament urged the European Commission to halt plans to allow the import of GM maize, highlighting "the lack of data on the many subcombinations of the variety—all of which would also be authorised" and arguing for reform of the GM authorization procedure. Issue 630
Voters in Sonoma County, Calif., have passed by a significant margin— 55.9 to 44.9 percent— a ballot initiative that prohibits cultivation of genetically modified crops. Santa Cruz, Humboldt, Trinity, Marin and Mendocino counties have already passed similar measures. The Center for Food Safety reportedly helped draft Measure M, providing legal and scientific counsel over the last year. See The San Francisco Chronicle, November 9, 2016. Issue 622
The Cornucopia Institute has filed a complaint with the U.S. Department of Agriculture “requesting an investigation into the organic certification of hydroponic operations in the U.S. that appear to conflict with the statutory language of the Organic Foods Production Act (OFPA) of 1990 and current federal regulations governing organic food production.” The organization argues that two companies, Wholesum Harvest Family Farms and Driscoll’s, sell hydroponically raised produce as certified organic despite failing to meet federal standards on the contents of their soil, which allegedly include peat moss, coconut cuir and hydrolyzed soy fertilizers made from genetically modified soybeans. “Hydroponic and container systems rely on liquid fertilizers developed from conventional crops or waste products,” said a Cornucopia Institute farm policy analyst in a November 1, 2016, press release. “Suggesting that they should qualify for organic labeling is a specious argument.” Issue 621
A consumer has filed a proposed class action against Hormel Foods Corp. alleging the company misrepresents its meat products as natural and free of preservatives despite containing synthetic or genetically modified ingredients, including cultured celery powder, baking powder and maltodextrin. Phelps v. Hormel Foods Corp., No. 16-62411 (S.D. Fla., Ft. Lauderdale Div., filed October 11, 2016). The lawsuit, focused on Hormel’s Natural Choice® line of products, echoes similar claims in a complaint filed by the Animal Legal Defense Fund in June 2016. Details on that complaint appear in Issue 610 of this Update. “The U.S. Department of Agriculture (‘USDA’) takes into account the level of processing in its policy on natural claims on food labeling,” the consumer complaint asserts. “The USDA allows such products to be labeled ‘natural’ when ‘(1) The product does not contain any artificial flavor or flavoring, coloring ingredient, or chemical preservative [], or any other artificial…
A New York federal court has stayed a proposed class action alleging Kind LLC misleads consumers by describing its products as “all natural” and free of genetically modified organisms. In re Kind, No. 15-2645 (S.D.N.Y., order entered September 15, 2016). The court noted that the U.S. Food and Drug Administration (FDA) requested comments on the use of the term “natural” in food labeling in November 2015 and closed the comment period in May 2016, suggesting that FDA is “prepared to address the core issues in this case.” The plaintiffs voluntarily dismissed their claims that Kind’s use of “healthy” on its labels was misleading following FDA’s determination that it would permit Kind to use the term as the agency considers redefining it. Details on that determination appear in Issue 604 of this Update. Issue 618
A California federal court has granted in part and denied in part a motion to dismiss a lawsuit alleging Chipotle Mexican Grill Inc. misleadingly advertises its food as free of genetically modified organisms (GMOs) despite allegedly selling flour and corn tortillas with GMOs, using GMO soy in its cooking oils and serving meat and dairy products derived from animals fed GMO feed. Pappas v. Chipotle Mexican Grill Inc., No. 16-0612 (S.D. Cal., order entered August 31, 2016). Chipotle argued that reasonable consumers would not “equate ‘nonGMO ingredients’ with ingredients not derived from animals that have eaten genetically modified feed.” The plaintiff argued that the reasonable consumer standard was not applicable at the motion-to-dismiss stage in a fraud or deception case, but the court found that the standard could be used to hold the plaintiff’s allegations to be implausible. The court compared the plaintiff’s meat and dairy allegations to a case…
The U.S Congress has passed legislation (S.764) requiring food and beverage manufacturers to disclose the use of ingredients made with genetically modified organisms (GMOs). Crafted by U.S. Sens. Pat Roberts (R-Kan.) and Debbie Stabenow (D-Mich.) and backed by the Organic Trade Association (OTA), the bill defines bioengineered foods as those intended for human consumption that contain genetic material “modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques” and “for which the modification could not otherwise be obtained through conventional breeding or found in nature.” If signed by President Barack Obama (D) as expected, the legislation would direct the Secretary of Agriculture to establish within two years a mandatory standard for the disclosure of GMO ingredients in applicable products by “text, symbol, or electronic or digital link” such as a QR code, excluding URLs not embedded in the link. The new rules would also allow certified organic products bear “non-GMO” labels…
The National Academies of Sciences, Engineering and Medicine (NAS) has released a study examining research into man-made gene drives, a type of gene editing that allows for the spread of gene modifications “throughout a population of organisms intentionally.” Titled Gene Drives on the Horizon: Advancing Science, Navigating Uncertainty, and Aligning Research with Public Values, the report focuses on techniques that use segments of bacterial DNA—such as clustered regularly-interspaced short palindromic repeats (CRISPR)—paired with a guide protein (CRISPR-associated protein 9, or Cas9) “to make targeted cuts in an organism’s genome.” Organisms modified using CRISPR-Cas9 then pass these changes to their offspring through sexual reproduction, a process that allows scientists to alter whole populations in an effort to eradicate insect-borne infectious diseases, for example. Calling these developments “both encouraging and concerning,” the report seeks to provide “an independent, objective assessment of the state of knowledge and responsible practices for research, risk assessment,…
The National Academy of Sciences, Engineering and Medicine (NAS) has published a report finding “no substantiated evidence of a difference in risks to human health between currently commercialized genetically engineered (GE) crops and conventionally bred crops, nor did it find conclusive cause-and-effect evidence of environmental problems from the GE crops.” Authored by the NAS Committee on GE Crops: Past Experience and Future Prospects, the report considers more than 900 research publications and 700 public comments, as well as feedback from 80 diverse speakers at three public meetings and 15 webinars. Concentrating on widely available GE crops such as insect-resistant Bacillus thuringiensis (Bt) crops and glyphosate-resistant crops, the report also notes that there is no evidence from U.S. Department of Agriculture data to suggest that GE crops have not yet increased yields for cotton, maize or soybeans. As a result of these findings, the committee recommends that federal agencies focus on product-based…
