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Organic Consumers Association

FDA Rejects Judges' Plea to Determine if GMOs Are Natural

For related articles and more information, please visit OCA's Genetic Engineering page, Millions Against Monsanto page and our Myth of Natural page.

The FDA was first asked to make such a determination by judge Yvonne Gonzalez Rogers in a July 2013 order on a deceptive marketing lawsuit filed by Elizabeth Cox vs Gruma Corp (4:12-cv-6502) over 'all-natural' claims on Mission tortilla chips, which Cox alleged contain ingredients from biotech corn.

Rogers put the case on ice for six months and referred " to the FDA, for an administrative determination, the question of whether and under what circumstances food products containing ingredients produced using bio-engineered seed may or may not be labeled 'Natural'."

While some colleagues handling similar cases argued the courts were more than capable of determining whether reasonable consumers had been misled by natural claims without the FDA weighing in, other judges followed Rogers' lead.

Notably, the Barnes v Campbell Soup (3:12-cv-05185) case over natural claims on selected soups was stayed for six months by judge Jeffrey S White, and the General Mills Inc Kix cereal litigation (2:12-cv-00249) was " administratively terminated" by judge Kevin McNulty pending FDA's response to the referrals.  


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