NEWS

Food industry groups appeal GMO law ruling

Elizabeth Murray
Free Press Staff Writer

Food industry groups suing state leaders will appeal the decision by a federal judge to deny blocking a Vermont law that would require the labeling of genetically modified food.

The Grocery Manufacturers Association, the International Dairy Foods Association, the National Association of Manufacturers and the Snack Food Association filed the notice of appeal in U.S. District Court on Wednesday.

The case will be referred to the U.S Court of Appeals for the Second Circuit.

The Grocery Manufacturers Association posted a statement on its website announcing the appeal Wednesday. A legal brief will be filed with the appellate court within the next few weeks, the association said.

Vermont Attorney General, Bill Sorrell, entering the Federal court building in Burlington on Jan. 7.

"The court's opinion in denying our request to block the Vermont law opens the door to states creating mandatory labeling requirements based on pseudo-science and web-fed hysteria," said Pamela G. Bailey, president of the association, in a statement. "If this law is allowed to go into effect, it will disrupt food supply chains, confuse consumers and lead to higher food costs."

She added, "This court ruling shows why Congress should pass the voluntary uniform GMO labeling bill quickly and federally preempt state mandatory GMO laws."

In her April 27 ruling, Judge Christina Reiss denied a state motion to dismiss the lawsuit, but refused to issue the preliminary injunction that had been sought by the industry groups. The case will likely go to trial.

The plaintiffs wanted to block the law from going into effect as scheduled on July 1, 2016.

Vermont Attorney General Bill Sorrell said in a statement that he was confident the appeal would not delay the litigation of the federal case. He said the state would be arguing that Judge Reiss' ruling should be upheld.

Enid Wonnacott, executive director of the Northeast Organic Farming Association of Vermont, attends a rally in Burlington on June 16 where Jerry Greenfield, co-founder of Ben & Jerry's ice cream, and Gov. Peter Shumlin announced that Ben & Jerry's will rename one of its ice creams and donate $1 from each pint sold to the Food Fight Fund. The fund is to help defray the cost of defending the state's new GMO labeling law against lawsuits alleging the law is unconstitutional.

"This appeal was not entirely unexpected," Sorrell said in a statement. "We will now simultaneously continue this fight in the trial and appellate courts. Our goal is for the law to go into effect as scheduled on July 1, 2016."

The law could make Vermont the first state in the country to require GMO labeling. Connecticut and Maine have also passed laws, but required that neighboring states follow suit before they take effect.

The judge's April ruling came nearly a year after Gov. Peter Shumlin signed the law.

The state finalized the GMO labeling rules last month.

The industry says the law imposes burdensome speech requirements on food manufacturers.

Contributing: Associated Press. Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com Follow her on Twitter at www.twitter.com/LizMurraySMC.