Consumer Law

FDA Won't Require Labeling on Genetically Modified Salmon

By Brian Wolfman

A few weeks ago, we described the battle between an emerging industry and consumer groups over whether the FDA should approve the first genetically modified animal for human consumption: genetically modified salmon. The FDA hasn't come to a decision yet, but we learn in this morning's Washington Post that if the FDA does approve the salmon, the agency will not require the manufacturer to label the product as genetically modified. The FDA says that the law does not require the labeling unless the modified product is "materially different" from the "regular" product--in this case, non-genetically modified salmon. And, the agency goes on to say that, if approved, the genetically modified product would not be materially different from the regular product. Moreover, the Post notes that the new product's competitors may have difficulty, under current law, labeling their regular products as "not genetically modified."

The Post article also explains that current Alaska state law will require the seller of genetically modified fish to label it as genetically modified. So . . . if the FDA approves the genetically modified salmon, look for the agency and the seller of the genetically modified salmon to argue that the Alaska law is preempted by a (supposed) federal policy against that kind of labeling.

Full post as published by CL&P Blog on September 19, 2010 (boomark / email).