Mixed Decision In Vermont GMO Labeling Case

In the nation’s first test of a GMO labeling law, the results were mixed for plaintiff Grocery Manufacturers Association. The State of Vermont’s “Act 120” requires that certain food be labeled as containing genetically engineered ingredients. Act 120, which also bans the term “natural” from the label of any products so designated, is scheduled to go into effect in 2016. The grocer trade group sued the State of Vermont, seeking an injunction, and Vermont countered by moving for the dismissal of the lawsuit. Attorney Walter E. Judge Jr. from the law firm Downs Rachlin Martin explains what happened in Vermont federal court on April 27, and why one component of  the law’s two-part requirement was ruled unconstitutional as a violation of the Commerce Clause but the other was not, and where that leaves this closely watched case.