Group Letter in Opposition to the DARK Act, Banning State GMO Labeling Requirements

Senator Mitch McConnell

Majority Leader

U.S. Senate

Washington, DC 20510

Senator Harry Reid

Minority Leader

U.S. Senate

Washington, DC 20510

Dear Majority Leader McConnell and Minority Leader Reid:

Re: Opposition to S. 2609, also known as the “Denying Americans the Right to Know” (DARK) Act

The undersigned organizations are writing to express strong opposition to S. 2609, the so-called “Denying Americans the Right to Know” (DARK) Act. We join hundreds of farm, food, health, environmental and other public interest organizations and businesses in opposition to this bill.

Our specific concerns lie with the bill’s extremely broad preemption language contained in Sections 293 and 295, banning any and all state “requirements” relating to the labeling of genetically modified organisms (GMOs) in food, including mislabeling of “natural” and “GMO-free” food. The bill preempts not only state and local laws requiring that food products with GMO ingredients be labeled as such. It also preempts aspects of state consumer protection statutes, which have allowed the public to file cases over misleading food labels. The bill does not replace state remedies with federal remedies. It eliminates all remedies, providing virtual immunity to unscrupulous food product manufacturers and undermining state and local efforts to create food labeling transparency.

The DARK Act interferes with traditional state authority to protect the public’s health and safety, and shields food manufacturers from legal accountability for misleading the public. We urge you to oppose S. 2609.

Sincerely,

Alliance for Justice

American Association for Justice

Asbestos Disease Awareness Organization

Bull City Cool

Center for Biological Diversity

Center for Justice & Democracy

Consumer Action

Consumer Federation of America

Consumers for Auto Reliability and Safety

Empire State Consumer Project

Food & Water Watch

Green America

Homeowners Against Deficient Dwellings

MADE SAFE

National Association of Consumer Advocates

New Solutions: A Journal of Environmental
and Occupational Health Policy

Public Citizen

Public Justice

Sciencecorps

U.S. Right to Know