Prop 37: Genetically Engineered Food

Proposition 37 targets genetically engineered foods – comprising up to 70% of the U.S. food supply – by requiring labels that display the words "Genetically Engineered" or "May be Partially Produced with Genetic Engineering" on their packaging.  In addition, such foods could not be advertised as "natural" or labeled with words of similar import.

Implications for Food Companies

• Under Proposition 37, any person could sue to enforce the law.
• No requirement for advance notice of intent to sue.
• No requirement that the plaintiff actually have suffered any specific damage.
• No requirement that the plaintiff have relied upon the product label in deciding to purchase the food.
• Allows plaintiffs to recover attorneys’ fees and costs of investigation if they sue successfully.

Prop 37 Resources

From now until November 6, we will be updating this page regularly with client alerts, links, and presentations in order to provide you with updates and in-depth analyses of this state initiative.