Ahead of the Class

This week, I shared perspectives on non-GMO labeling with respect to two topics that should be driving the discussion among those at the board room table and those serving as the company’s counsel: (1) what measures should food manufacturers contemplate to minimize risk exposure as litigants (in not only pending but also anticipated future suits) debate the meaning of the term “non-GMO” on food labels; and (2) if the risk from use of “non-GMO” labels materializes into class action litigation against a company, what strategies can company counsel consider to defend in the class actions.

In short, food industry reaction to the GMO label wars should include not only business decisions on supply chains, ingredient sources and manufacturing processes, but also consultation with legal counsel who are tracking the non-GMO trend in the courts and the market.