This landmark decision overturns three of the most significant loopholes that would have kept consumers in the dark:

1. GMO = Bioengineered: Retailers and brands have the right to use the name “GMO” since consumers readily recognize the term. USDA rules had called for the exclusive use of “bioengineered” which we argued was confusing for consumers and a violation of free speech rights.
2. QR Codes Aren't Enough: The court also ruled against letting companies use only things like QR codes or text messages for labeling. Natural Grocers argued that not everyone has a smartphone or easy internet access. The ruling means companies must find a way to make the information clearly available to everyone on the food packaging.
3. ALL Ingredients Must Be Labeled: The court said the USDA was wrong to let highly processed foods, like oils or sugars, skip the labeling requirement. Even if scientists can't detect the altered genes in the final, highly processed product, the ingredients still come from a bioengineered crop. These refined ingredients are not exempt from labeling, and the USDA must correct this in their next rulemaking.

What Comes Next:

This victory means consumers get the clear, honest labels they deserve. The USDA must now correct their flawed rules and make labels clearer and more accessible in their next rulemaking.

“Congress never intended to require the use of specific terms, the sole use of QR codes, and exclusion of ingredients made from highly processed GMO crops,” says Heather Isely, Executive Vice President of Natural Grocers. “We are pleased the court understood the shortcomings of the final rule and has mandated that it be corrected. We will continue to be involved in the GMO regulatory process.”

George Kimbrell, Legal Director of the Center for Food Safety, noted “This hard-won victory means consumers will eventually see the clear and accurate GMO label information they deserve. The USDA must now correct their rules and make label disclosures readily accessible across the board.”

Natural Grocers has supported calls for GMO labeling since 2012, with Proposition 37 in California, and it led the movement to promote the GMO labeling initiative in Colorado in 2014. The company does not allow most GMO ingredients in the grocery products it sells, including those produced using New Genetic Techniques such as gene-editing and cell culture.