Lawsuits Seeking to Overturn GMO Laws in Hawaii and Vermont

Source: Wikimedia Commons

In a 5 to 4 decision, Hawaii County Council voted on December 17 to appeal a decision by a U.S. Magistrate Judge who had ruled to protect Monsanto and GMO testing and production on the Big Island of Hawaii, reported the Hawaii Tribune Herald. Hawaii County voters in 2014 elected to ban the cultivation of GMOs on the island. The new ordinance prohibits growing GMO crops in open-air conditions, with some exceptions including GMO papaya.

Monsanto swiftly sued Hawaii County over the new law, and on November 27, U.S. Magistrate Judge Barry Kurren moved to invalidate the GMO ban, saying that state law pre-empts county law on agricultural issues. Paul Achitoff, attorney for Earthjustice, disagreed, saying, “The Legislature never intended the existing state laws we have in Hawaii to govern genetically engineered crops.” Judge Kurran has a long history of ruling in favor of Monsanto and agribusiness, claims journalist Christina Sarich in a report in the Natural Society.

Based on the Hawaii Council’s vote, the issue will now be taken up by a higher court. “This is an important decision with far-reaching impact on home rule,” said Councilwoman Margaret Wille, author of the original bill limiting GMOs in Hawaii.

Meanwhile, in Maui County, proponents behind the passage on November 4 of a referendum placing a moratorium on GMO cultivation and experimentation on the islands of Maui, Molokai and Lanai have been given the “green light” to intervene in a federal lawsuit filed by Monsanto challenging the measure, reported Maui Now on December 16. Honolulu attorney Michael Carroll, representing the authors of the Maui GMO initiative, said the group won standing on Monday to intervene in a lawsuit filed by Monsanto, which seeks to delay enforcement of the measure and ultimately to have it declared unenforceable. Carroll is representing the SHAKA Movement and others who led the effort to suspend the cultivation and testing of GMO crops in Maui County until an environmental and public health study can show that they are safe.

“We look forward to advancing our position with the Federal Court in order to validate the ordinance that the majority of Maui voters passed into law in November,” Carroll told Maui Now. A federal judge will consider arguments on March 10, 2015, regarding whether to throw out Monsanto’s lawsuit challenging Maui County’s newly approved moratorium on cultivating genetically engineered crops, reported the Honolulu Civil Beat.

In related news, in Vermont, oral arguments are tentatively set to begin in January 2015 regarding a lawsuit filed by the Grocery Manufacturers Association to overturn Vermont’s mandatory GMO labeling law, passed by the state Legislature in May. Vermont's law doesn't go into effect until July 1, 2016, however, the GMA is asking the U.S. District Court in Vermont to grant a temporary injunction to prevent the state from moving forward with implementation of the law. Vermont Attorney General William Sorrell's team, which includes high-powered Washington, D.C., law firm Robbins, Russell, will argue to dismiss the lawsuit.

Disappointed GMO Labeling Advocates in OR and CO

Source: Wikimedia Commons

With more than $45 million poured in to defeat GMO labeling ballot initiatives in 2014, voters in Oregon and Colorado rejected ballot measures to label GMO foods. However, residents of Maui, HI, passed a ban on GMO agriculture by just over 1,000 votes.

GMO labeling advocates are rethinking national and state strategies after voters rejected ballot initiatives to label GMO foods in both Oregon and Colorado in statewide elections held on November 4.

In Colorado, the campaign to pass Proposition 105 to label GMO foods, which was hugely outspent by anti-labeling forces, suffered a significant defeat with 66% voting against, vs. 34% of voters in favor of labeling. Colorado residents were subjected to a withering barrage of television advertising in September and October by the No on 105 side, the supporters of which, including Monsanto, DuPont, Dow, Pepsi, Kraft and General Mills and others, pumped nearly $17 million into the state vs. just under $1 million raised by the pro-labeling, Yes on 105 campaign.

In Oregon, the outcome was much closer, where Measure 92 to label GMOs was narrowly defeated by a razor-thin margin of less than 1% of the vote, with less than 51% of Oregonians voting no. Spending on both sides of the GMO labeling measure broke all state records for ballot measures in Oregon, with the pro-labeling, Yes on 92 side raising $8.1 million, while the No side poured $20.5 million into the state to defeat the ballot measure.

Maui Wins Big; Monsanto Threatens Litigation

However, in a big win to reign in the rampant escalation of GMO agriculture and pesticide use in Hawaii, a ballot referendum in Maui County was passed by just over 1,000 votes to place a moratorium on the growing of genetically engineered or GMO crops on the islands of Maui, Molokai and Lanai until they are cleared by environmental and safety studies. These islands have been major experimental grounds for new, untested GMO crops and pesticides, and residents have grown increasingly concerned about pesticide pollution of rivers and oceans, and health risks to communities located near experimental plots.

True to form, Monsanto has already threatened litigation to overturn the moratorium. According to Hawaii News Now, on November 5, Monsanto issued the following statement in response to the Maui referendum:

“We believe this referendum is invalid and contrary to long established state and federal laws that support both the safety and lawful testing and planting of GMO plants. If effective, the referendum will have significant negative consequences for the local economy, Hawaii agriculture and our business on the island. We are committed to ongoing dialogue as we take steps to ask the court to declare that this initiative is legally flawed and cannot be enforced. Monsanto and other allied parties will be joining together in this effort."

In another small but meaningful 2014 election victory, the citizens of Humboldt County, CA, approved a measure to prohibit the propagation, cultivation, raising, or growing of genetically modified organisms in the county. Humboldt joins Mendocino, Trinity, Santa Cruz and Marin Counties, which previously passed moratoriums or bans on GMOs. Also, two counties in Oregon have banned GMOs, along with San Juan County in Washington State, and the state of Vermont, which is currently facing a lawsuit from anti-labeling opponents including the Grocery Manufacturers Association.

Who Is Funding the Anti-GMO Labeling Side?

Seeking to crush a groundswell movement in America to label genetically modified or GMO foods, a small group of multi-billion-dollar pesticide, biotech and “Big Food” companies poured more than $45 million into Colorado, Oregon and Hawaii in September and October to defeat the GMO labeling ballot initiatives.

Just two dozen corporations, including Monsanto, DuPont, PepsiCo, Coca-Cola, Kraft, Land O'Lakes, General Mills, Hershey, J.M. Smucker, Conagra, Dow Chemical Co., Kellogg, Smithfield Foods, and others, were responsible for more than $16 million of the $16.7 million total contributed to defeat the Colorado GMO labeling bill. Also of note among the donors seeking to defeat the Colorado GMO labeling bill were Abbot Nutrition and Mead Johnson, companies that make nutritional formulas for infants and the elderly – companies that do not want mandatory GMO labeling on their packaging.

Similarly, Monsanto, PepsiCo, Kraft, Coca-Cola, Land O'Lakes, General Mills, Hershey and other chemical and food multinationals topped the list of donors to the No on 92 campaign in Oregon. To see the list of donors to both the Yes and No sides in Oregon, visit http://gov.oregonlive.com/election/2014/finance/measure-92/.

In contrast, the underdog Right to Know Colorado campaign raised less than $1 million in cash and pledges, mostly through small business donations along with hundreds of $5, $10, and $25 contributions to the campaign from primarily Colorado citizens. Despite grassroots volunteer efforts, phone banks, door-to-door visits, social media, newspaper and digital advertising, plus major endorsements from leading Colorado media, Chipotle Mexican Grill, Whole Foods Market and more, the pro-GMO labeling campaign could not afford to counter any of the negative television advertising that blanketed the state from the No on 105 campaign.

“I can’t understand why these corporations would put $17 million into a Colorado campaign where the pro-labeling side raised less than $1 million,” said Larry Cooper, Co-chair of the Right to Know Colorado campaign. “What are they trying to hide?”

Presence Marketing a Major Contributor to Pro-Labeling Campaigns

Major contributors to Colorado's Yes on 105 and also the Oregon pro-labeling campaign included Presence Marketing/Dynamic Presence, Food Democracy Now, Organic Consumers Association, Annie's Inc., Dr. Bronner’s, Boulder Brands and others. For a complete list visit www.righttoknowcolorado.org/donors and www.oregonrighttoknow.org/endorsements.

Grassroots organizations endorsing the Right to Know Colorado ballot initiative included Moms Across America, Rocky Mountain Farmers Union, Colorado Moms for GMO Labeling, Conservation Colorado, Alliance for Sustainable Colorado, Hazon, and others.

Seeing the rising tide of consumer and citizen support for GMO labeling as a threat to profits, Monsanto, Dow, DuPont, Pepsi, Coke, Kraft, Grocery Manufacturers Association, and other pesticide, biotech and junk food companies have teamed up to spend nearly $150 million over the past three years to defeat GMO labeling ballot initiatives in California and Washington in 2012 and 2013, and in Oregon and Colorado this year.

More than 93% of Americans want GMO labeling, according to a 2013 New York Times survey. Yet, less than three dozen chemical, pesticide and junk food companies continue to fight history with a withering amount of cash, deceptive advertising, and threats of lawsuits to confuse voters and legislators about GMO labeling - and to buy our elections.

The Fight Will Continue in Washington D.C.

Scott Faber, executive director of the Just Label It campaign, said the recent election defeats in Oregon and Colorado "only strengthens our resolve to fight for consumers' right to know what's in their food. Now, the fight will shift to the nation's capital, where the same food companies who were fighting the right to know will be seeking to block state laws and make it harder for the FDA to craft a national mandatory disclosure system."

For information and to support GMO labeling, visit www.justlabelit.org, www.righttoknowcolorado.org and www.oregonrighttoknow.org.

Steven Hoffman is Managing Director of Compass Natural Marketing, providing marketing, PR, social media, and strategic business development services to natural, organic and sustainable products businesses. Contact steve@compassnatural.com, tel 303.807.1042.

Compass Natural Joins Campaign to Pass California Right to Know

Oakland, CA (May 17, 2012) – Compass Natural, a leading public relations firm specializing in marketing and communications for the natural, organic, sustainable and socially responsible products sector, has joined the California Right to Know initiative calling upon State of California voters to require mandatory labeling of genetically engineered foods. Compass Natural will raise awareness, funding and voter support for the California initiative, which is considered by many to be the best hope in the United States to achieve labeling of genetically engineered foods.

A March 2012 survey conducted by the Mellman Group found that nine out of 10 American voters favor labeling for genetically engineered food, including nearly all Democrats (93%), Independents (90%) and Republicans (89%). More than 40 countries already require this type of labeling. The California Right to Know campaign turned in nearly a million signatures on May 2 to assure that the initiative will be on the state’s November ballot.

“As we build a broad coalition for this important ballot initiative, we are pleased to engage Compass Natural in helping us garner support within the natural, organic and sustainable products community — not only in California, but across the country,” said Stacy Malkan, media director for the California Right to Know initiative.

“In addition to voter support and endorsements by businesses throughout California and the U.S., fundraising will be a crucial part of the campaign,” stated Steven Hoffman, Managing Partner of Compass Natural and the person tasked with building a broad coalition of support for the initiative within the natural, organic and sustainable products industry.

“If recent events are any indication, large industry groups, such as the Grocery Manufacturers Association and the Council for Biotechnology Information — whose members include Monsanto, DuPont, Dow and others — will pour funds into fighting the California initiative. We need the resources to ensure that the facts about labeling reach voters, without distortion, so they can make an informed choice when casting their ballot in November,” Hoffman said.

In the past year, lawmakers in 19 states, including New York, Connecticut and Vermont, have introduced bills that would require similar labeling rules, but none have become law, largely due to aggressive lobbying campaigns by companies that are opposed to transparency in the food system.

The California Right to Know Genetically Engineered Food Act will be voted on by California voters in November 2012. When passed, the initiative will require foods sold in California retail outlets that contain genetically engineered ingredients to be labeled. “Building a broad coalition is essential to winning the campaign,” stress campaign organizers.

Individuals, businesses and organizations can help in several ways, including donating and volunteering. If you’re a business or organization dedicated to natural, organic and sustainable products, contact Steven Hoffman at Compass Natural, email steve@compassnatural.com, tel 303.807.1042, to contribute to the campaign and learn more. For information about the California Right to Know 2012 ballot initiative, visit www.carighttoknow.org.

About the California Right to Know 2012 Ballot Initiative. The California Right to Know campaign was created to advocate for the labeling of foods containing genetically engineered ingredients. Major supporters include Public Citizen, Sierra Club, American Public Health Association, United Farm Workers, California Certified Organic Farmers, Organic Consumers Association, Consumer Federation of America, Nature’s Path, Lundberg Family Farms, Organic Valley, Dr. Bronner’s, Eden Foods, Mercola.com, Center for Food Safety, Food Democracy Now!, and many other organizations. For a complete list, visit www.carighttoknow.org/endorsements.

About Compass Natural Marketing. Established by organic and LOHAS industry veteran Steven Hoffman, Boulder, CO-based Compass Natural Marketing brings more than 25 years of experience in natural and organic products sales, marketing, public relations, communications, research, event planning and strategic industry guidance to businesses involved in the $290 billion market for natural, organic, sustainable, and socially responsible products. Visit www.compassnatural.com, contact info@compassnaturalmarketing.com or call 303.807.1042.

Compass Natural Marketing Joins Campaign to Label GMO Food

Compass Natural Marketing Joins Campaign to Pass California Right to Know Ballot Initiative to Label GMO Food

Oakland, CA (May 17, 2012) – Compass Natural, a leading public relations firm specializing in marketing and communications for the natural, organic, sustainable and socially responsible products sector, has joined the California Right to Know initiative calling upon State of California voters to require mandatory labeling of genetically engineered foods.

Compass Natural will raise awareness, funding and voter support for the California initiative, which is considered by many to be the best hope in the United States to achieve labeling of genetically engineered foods. A March 2012 survey conducted by the Mellman Group found that nine out of 10 American voters favor labeling for genetically engineered food, including nearly all Democrats (93%), Independents (90%) and Republicans (89%). More than 40 countries already require this type of labeling. The California Right to Know campaign turned in nearly a million signatures on May 2 to assure that the initiative will be on the state’s November ballot.

“As we build a broad coalition for this important ballot initiative, we are pleased to engage Compass Natural in helping us garner support within the natural, organic and sustainable products community — not only in California, but across the country,” said Stacy Malkan, media director for the California Right to Know initiative.

“In addition to voter support and endorsements by businesses throughout California and the U.S., fundraising will be a crucial part of the campaign,” stated Steven Hoffman, Managing Partner of Compass Natural and the person tasked with building a broad coalition of support for the initiative within the natural, organic and sustainable products industry.

“If recent events are any indication, large industry groups, such as the Grocery Manufacturers Association and the Council for Biotechnology Information — whose members include Monsanto, DuPont, Dow and others — will pour funds into fighting the California initiative. We need the resources to ensure that the facts about labeling reach voters, without distortion, so they can make an informed choice when casting their ballot in November,” Hoffman said.

In the past year, lawmakers in 19 states, including New York, Connecticut and Vermont, have introduced bills that would require similar labeling rules, but none have become law, largely due to aggressive lobbying campaigns by companies that are opposed to transparency in the food system.

The California Right to Know Genetically Engineered Food Act will be voted on by California voters in November 2012. When passed, the initiative will require foods sold in California retail outlets that contain genetically engineered ingredients to be labeled. “Building a broad coalition is essential to winning the campaign,” stress campaign organizers.

Individuals, businesses and organizations can help in several ways, including donating and volunteering. If you’re a business or organization dedicated to natural, organic and sustainable products, contact Steven Hoffman at Compass Natural, email moc.larutanssapmoc@evets, tel 303.807.1042, to contribute to the campaign and learn more. For information about the California Right to Know 2012 ballot initiative, visit www.carighttoknow.org.

About the California Right to Know 2012 Ballot Initiative. The California Right to Know campaign was created to advocate for the labeling of foods containing genetically engineered ingredients. Major supporters include Public Citizen, Sierra Club, American Public Health Association, United Farm Workers, California Certified Organic Farmers, Organic Consumers Association, Consumer Federation of America, Nature’s Path, Lundberg Family Farms, Organic Valley, Dr. Bronner’s, Eden Foods, Mercola.com, Center for Food Safety, Food Democracy Now!, and many other organizations. For a complete list, visit www.carighttoknow.org/endorsements.

About Compass Natural Marketing. Established by organic and LOHAS industry veteran Steven Hoffman, Boulder, CO-based Compass Natural Marketing brings more than 25 years of experience in natural and organic products sales, marketing, public relations, communications, research, event planning and strategic industry guidance to businesses involved in the $290 billion market for natural, organic, sustainable, and socially responsible products. Visit www.compassnatural.com, contact moc.gnitekramlarutanssapmoc@ofni or call 303.807.1042.