A U.S. District Court in California has declared as unlawful a USDA decision to allow genetically engineered (GMO) foods to be labeled with an electronic “QR” code.  The 2018 rules for labeling GMO foods that came into effect on January 1, 2022, were developed in accordance with the USDA National Bioengineered Food Disclosure Standard.

Activist organization, the Center for Food Safety filed the case against the USDA in 2020 on behalf of organizations promoting organic foods.  The Court held that simply applying a “QR” code to labels in the absence of a text statement concerning GMO status was “a significant error” since many consumers would be deprived of meaningful information.  In 2018 when the regulation was framed, USDA were aware that simply placing a “QR” code on a label would be inadequate.  The Court noted that Congress intended for the USDA to provide “additional and comparable options” to improve accessibility of the electronic disclosure.  The ruling, unless overturned on appeal, will require the USDA to revise the 2018 rules and add additional disclosure options.

The Court accepted USDA nomenclature, including “Bioengineered”, and would require the USDA rules to only mandate GMO labeling of foods if genetic material is detectable.