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Organic Food Group Asks 9th Circuit to Upend GMO Label Rule

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  • An organic food industry advocacy group has asked the Ninth Circuit to reverse a district court decision upholding USDA’s implementation of the National Bioengineered Food Disclosure Standard, saying that the rule is “arbitrary and capricious” and is “not the uniform standard for consumers that Congress envisioned.”
  • In the original lawsuit, filed in 2020, food advocacy groups claimed USDA’s rule did not deliver on the aims of the National Bioengineered Food Disclosure Act and that portions of the rule violated the First, Fifth, and Tenth amendments by limiting allowed disclosures and preempting state laws requiring additional disclosures. A U.S. District Court judge upheld most of the law but sided with the organic industry groups in ruling that QR codes are not adequate methods of informing shoppers that food is bioengineered. Then, in March, the Consumer Brands Association, the federal government, and sugar industry groups filed amicus briefs in support of…
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