Georgia: Since ancient times, humans have been genetically modifying food
through cross breeding to get better wheat, corn or fruit. In fact,
there probably aren’t many foods that haven’t been genetically modified. But modern methods of plant breeding using genetic engineering to
enhance certain properties of crops is an ongoing source of consumer
concern. “People are very anxious about this,” said Timothy Lytton, a
distinguished university professor and professor of law in the Center
for Law, Health and Society in Georgia State University’s College of
Law.
“Part of it is that we’re very disconnected from our food. The
population urbanizes, and people get farther and farther away
physically, but also intellectually and emotionally, from the growing of
food. You wouldn’t let complete strangers feed you with a blindfold on,
and I think a lot of people feel the food system is kind of that. Stuff
is coming to their grocery store in packages, and they don’t really
know where it came from, how it was produced or the people behind it.”
While some commonly refer to food produced through this process as
genetically modified organisms (GMOs), the U.S. Food and Drug
Administration (FDA) officially refers to it as “food derived from
genetically engineered plants.”
Genetically engineered food is crop dependent, but it’s everywhere.
Corn, in particular, has an abundance of genetically engineered
varieties. About 92 percent of U.S. corn, 94 percent of soybeans and 94
percent of cotton are genetically engineered, according to the Center for Food Safety,
a non-profit public interest and environmental advocacy organization.
It’s estimated that 75 percent of processed foods on supermarket shelves
contain genetically engineered ingredients.
Because of the uncertainty about what’s in our food and the
indefinite, long-term effects of this food on human health and the
environment, many people are afraid of the food they’re eating.
Consumers can’t control the food supply, so the battle has taken another direction: food labeling.
Food Labeling Fight
In the 1990s, the FDA was sued
by the Alliance for Bio-Integrity and a coalition of public interest
organizations, scientists and religious leaders, with the goal of
forcing the FDA to establish mandatory labeling of genetically
engineered foods, said Patricia Zettler, associate professor in the
Center for Law, Health and Society in the College of Law.
In 2000, a U.S. District Court ruled against the plaintiffs and
upheld the FDA’s policy, which didn’t require companies to label these
foods.
Since then, some states have tried and failed to pass laws requiring
the labeling of foods containing genetically engineered ingredients.
These disputes started a discussion about public accountability
versus the first amendment rights of companies, Lytton said. Because
people want to know something badly, is that enough to force companies
to disclose information they don’t want to? Or does that violate
companies’ first amendment rights?
Vermont had the first success in this battle, declaring that labeling
genetically engineered food is necessary to avoid potential health
risks and counter the environmental impacts of this food. Beginning on
July 1, 2016, all food sold in Vermont with genetically engineered ingredients had to be labeled.
However, the victory was short-lived. The Grocery Manufacturers
Association, along with Monsanto Co. (a major biotech seed maker) and
others, filed an appeal, requesting a single, federal standard that
would be less strict.
On July 29, President Barack Obama signed into federal law
a bill that would require all food labels to indicate for the first
time whether the item contains genetically engineered ingredients. The
new, controversial law, which is supported by the food industry,
pre-empts the stricter, recently passed Vermont law that required food
to say “produced with genetic engineering.” When federal and state law
conflict, federal law wins.
It’s up for debate how clear those food labels will be. While
companies are allowed to print plain text labels on packages stating the
product contains genetically engineered material, they’re not required
to do so. A company could put a 1-800 phone number on the box for
consumers to call. Or, they could use a QR code, a type of matrix
barcode, that consumers can scan with their smartphone and then be taken
to a website for more information, Lytton said.
Consumer groups argue this is not very revealing package labeling and
puts all of the burden on the consumer. They also contend this type of
labeling discriminates against lower-income consumers who may not have
access to the smartphone technology required to learn further details,
said Lytton.
“There’s probably some sense that regulations will not be as rigorous
or consumer-oriented and will be somewhat more sympathetic to industry
arguments about the burdens of having to label food with genetic
engineering labels,” Lytton said.
However, if the FDA came up with regulations for labeling these
foods, they probably wouldn’t be any more rigorous, Zettler said. The
FDA has examined the latest scientific research and doesn’t consider
genetically engineered foods to be a public health problem. Its thinking
and recommendations for voluntary labeling can be found in a guidance document.
“There’s just not a sense that there are detrimental health effects
from eating genetically engineered food,” Zettler said. “On the other
hand, there’s a growing clamor among people who not only want to know
where their food comes from and what’s in it, but they want to know
whether or not the process by which it was made includes genetic
engineering.”
New Age Food
Since the genetic engineering of food is causing such anxiety and
controversy, why should we keep tampering with Mother Nature? Genetic
engineering, as it relates to food, actually has many benefits.
In the 1960s, some thought the world’s population would reach such a
large number by the 1980s that it would be impossible to feed everyone.
Industrialization of agriculture, which includes genetic engineering,
has increased the capacity of the food industry to feed people on Earth.
“It’s a more efficient way to grow crops,” Lytton said.
Despite the benefits of genetic engineering, some people are
suspicious of messing with Mother Nature’s standard ways of providing us
with food.
“There’s a deep tension about whether industrial food production is a
good or bad thing for the planet,” Lytton said. “I think the rapid pace
at which you can manipulate species makes people a little bit nervous
about what the long-term implications might be. American regulatory
culture tends to only regulate risks when we know a lot about them.”
In addition, some people are dissatisfied that seeds for crops are controlled and patented by companies, such as Monsanto.
“A lot of crops don’t produce their own seed,” Lytton said. “If they
do, you’re not allowed to use the seed. You have to purchase the seed
directly from the company. They own the rights to the seed. That’s
created a concern about monopoly control over seeds.”
In many instances, particularly for corn, these seeds have been genetically engineered, he said.
“I don’t think you can find corn that you can guarantee doesn’t have genetically engineered material,” Lytton said.
As science continues to evolve, we’ve probably just begun to see changes in our food.
“This won’t be the last battle over labeling food,” Lytton said. “The
question of industrial processing of food, this is an ongoing concern.”