(Source: The Heritage Foundation) November 24, 2015 | Legal Memorandum on Legal Issues By Andrew Kloster Vermont’s Act 120, scheduled to go into effect on July 1, 2016, is the country’s third mandatory-labeling law for genetically modified organisms (GMOs). State GMO-labeling laws raise substantial questions under First Amendment jurisprudence. Immediately following passage of the Vermont law, various industry groups filed suit in federal district court, claiming that the law violates the First Amendment, the Fifth Amendment, and the Commerce Clause of the United States Constitution and also claiming that the law is preempted by federal statute. Plaintiffs allege that the labeling...
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