First, the lawsuit challenges USDA’s unprecedented allowance of electronic or digital disclosure on packaging, also known as “QR code” or “smartphone” labeling, without requiring additional on-package labeling. Second, CFS is challenging USDA’s labeling language restrictions. When on-package text is used, the rules limit it to only “bioengineered,” despite the law allowing use of similar terms. But for 25 years, every aspect of the issue—science, policy, and marketplace—has used genetically engineered (GE) or genetically modified organism (GMO). Lastly, the USDA rules prohibit grocers from providing more and better labeling, in violation of their First Amendment rights.
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