Vermont's GMO Labeling Law Challenged On Free Speech Grounds

by Robert Thomas, InverseCondemnation, June 17, 2014

For those of you who follow this blog for takings and land-usey issues, please bear with us as we post this about one of the other issues we track, regulations of genetically modified organisms. You know, GMO's. We'll be short, we promise.

The issue has jumped to the forefront in Hawaii (three lawsuits filed challenging two counties' anti-GMO ordinances). And elsewhere: the Vermont legislature adopted Act 120, which requires that some -- but not all -- foods were produced with genetic engineering be labeled, and which prohibits these foods from being labeled as "natural" and the like. The Vermont law has now been challenged in federal court as a violation of the First Amendment because on one hand, the labeling requirement compels speech, while on the other, the prohibition on calling it natural suppresses speech. There are also claims that the state law is preempted by federal laws, and is an interference with interstate commerce.

More on the complaint here.  

PDF: Complaint for Declaratory and Injunctive Relief, Grocery Manufacturers Ass'n v. Sorrell, No. 5:14-CV-117 (D. Vt. June 12, 2014)