Despite the recent passage of a genetically engineered (GE) food-labeling law in Vermont, and similar bills appearing in legislatures in other states, proponents of labeling have again failed to pass such a law in California. On Thursday, the most recent GE food-labeling initiative, SB 1381 (Evans), failed on the Senate floor. The defeat follows on the heels of the failure of Proposition 37 in 2012.

As noted in a previous alert, SB 1381 was advertised as a cleaner and simpler version of Proposition 37. However, the proposed language would have created a compliance framework that would be anything but simple for the food industry. Changes made to the bill in committee only exacerbated the problems, making private-enforcer litigation easier, and defenses for food manufacturers more difficult.