Federal appeals court rules for Natural Grocers in GMO labeling case

LAKEWOOD, Colo.– A federal appeals court has ruled in favor of Natural Grocers, the Center for Food Safety (CFS), and other plaintiffs challenging U.S. Department of Agriculture (USDA) rules under the Bioengineered Food Disclosure Standard Act. Natural Grocers, the nation's largest family-operated organic and natural grocery retailer, led the lawsuit to uphold consumers' right to clear, accurate and easily accessible information about their food.

The decision overturns three major loopholes that plaintiffs argued would have kept consumers in the dark:

Court backs Natural Grocers: Major win for clear GMO labeling and consumer transparency.

1. GMO vs. Bioengineered: Retailers and brands may use the name "GMO," which consumers widely recognize. Previous USDA rules focused on the exclusive use of "bioengineered," a term that plaintiffs argued was confusing and infringed on free speech rights.
2. QR Codes Are Not Enough: The court rejected rules allowing companies to rely solely on QR codes or text messages for disclosure. Natural Grocers argued that not all consumers have smartphones or reliable internet access. The ruling requires companies to provide clear, on-package information accessible to everyone.
3. All Ingredients Must Be Labeled: The court found the USDA was wrong to exempt highly processed foods, such as oils and sugars, from labeling. Even if altered genes are undetectable in the final product, the ingredients still originate from bioengineered crops. The USDA must correct this in their next rulemaking.

WHAT COMES NEXT
This ruling means consumers will receive clearer, more transparent labeling. The USDA must revise its rules to ensure disclosures are accurate and accessible in its next rulemaking.

"Congress never intended to require the use of specific terms, the sole use of QR codes, or the exclusion of ingredients made from highly processed GMO crops," said Heather Isely, executive vice president of Natural Grocers. "We are pleased the court recognized the shortcomings of the final rule and mandated corrections. Natural Grocers will remain actively engaged in the GMO regulatory process."

George Kimbrell, legal director of the Center for Food Safety, said, "This hard-won victory means consumers will eventually see the clear and accurate GMO label information they deserve. The USDA must now correct its rules and make label disclosures readily accessible across the board."