ConAgra Anti-GMO Lawsuit Has Big Implications for Food Labeling

Product labeling is an area where loopholes and CSR seem to converge. It is precisely these loopholes that make it easy for companies to engage in a degree of greenwash but there is a thin line between ‘greenwash’ and ‘misleading the consumer.’  A recent lawsuit against ConAgra proves this point. The American food giant that owns several brands like Healthy Choice, Wesson, Slim Jim, & Banquet has been under attack for alleged false labeling.

The Food Safety News reports that its Wesson brand of cooking oil has been slapped with various lawsuits for claiming to be “all natural.” This deceptive marketing suit was brought against ConAgra in June by Millberg LLP. It could actually make food manufacturers think twice about bandying about the word ‘natural.’ Four Wesson varieties are implicated in the case: Canola Oil, Vegetable Oil, Corn Oil, and Best Blend, all of which have the  “100% natural” claim on their labels.  However, the products include a number of genetically modified organisms (GMO). 

The problem of course does not reside only with Wesson. There are thousands of processed food items that line grocery shelves that have the ‘natural’ label but are known to contain GMOs. 85% of US corn and 91% of soybean is genetically modified – both of these are common ingredients in processed food either by themselves or in the form of derivatives like soya lecithin, high fructose corn syrup, corn starch etc. 90% of Americans want full disclosure on their food products which may mean that every major food company needs to overhaul its labeling policies.

This is a very significant breakthrough for anti-GMO campaigners because it shows how much consumer choice actually affects companies. This is also a case for those companies and governments pushing for introduction of GMO in their countries. India is currently in the midst of signing off on a bill that will enable the free production of GMO fruit and vegetables. This would be a potentially calamitous move due to the lack of labeling laws in India as well as the fact that the country by and large still follows a bulk-bin system of buying produce.

Con Agra might be able to wriggle its way out of the suit. Its recent disclosure report revealed that it spent $100,000 in the second quarter on lobbying government officials on agriculture programs, ethanol regulations, etc. According to the report it filed, the company lobbied the FDA, the Department of Agriculture and the Office of Management and Budget, apart from Congress. I wonder how much of this went towards GMO lobbying.

Food companies can no longer hide behind ambiguous labels like ‘natural’ because food essentially is natural! The label itself is an oxymoron. With the advent of the suit on Con Agra, it is necessary for other companies to question their methods of labeling and/or food sourcing so that they are not open to liabilities. Currently under US laws, GMOs are not required to be labelled but labeling a product ‘natural’ or ‘organic’ when it does contain GMO is misleading to the consumer. Surely that is illegal?

” If they have to put the word ‘natural’ on a box to convince you, it probably isn’t “

– Eric Schlosser, author, Fast Food Nation

Akhila is the Founding Director of GreenDen Consultancy which is dedicated to offering business analysis, reporting and marketing solutions powered by sustainability and social responsibility. Based in the US, Europe, and India, the GreenDen's consultants share the best practices and innovation from around the globe to achieve real results. She has previously written about CSR and ethical consumption for Justmeans and hopes to put a fresh spin on things for this column. As an IEMA certified CSR practitioner, she hopes to highlight a new way of doing business. She believes that consumers have the immense power to change 'business as usual' through their choices. She is a Graduate in Molecular Biology from the University of Glasgow, UK and in Environmental Management and Law. In her free-time she is a voracious reader and enjoys photography, yoga, travelling and the great outdoors. She can be contacted via Twitter @aksvi and also

6 responses

  1. There is no way to know how much it will. The only three safety studies were basically all stopped like Dr. Arpad Puzhtai (sp) in Scotland. They have found in several different “foods” that the GMO has made intestinal cells proliferate. Cows have loads of intestinal cells. The studies were stopped before anyone could figure out whether or not they actually became cancerous and what other effects were happening.
    In the only human study seven men with colostomy bags volunteered to eat GMO’s and in the testing of bacterial flora prior to initiating the study and attempting to get baseline measurements it was found that three men had Round-up ready intestinal flora.
    Since there is no control of spliceosomes, no control of chaperones, there is no guarantee as to where the DNA will be split or how the proteins will be folded. How DOES a tomato fold a fish protein, after all?
    Will the GMO’s with all of them having anti-biotic resistance programmed into them cause increased destruction to our anti-biotic arsenal? Likely.

    We do know that animals given a chance ALWAYS eat the non-GMO food first and have been known to break through fences, cross a field of GMO “food” and break into the next food and eat the real, non-GMO food.

    I’m guessing; it can’t be good.

  2. Cows that are fed GMO corn are being found to have increasing fertility issues. The major health concerns come up in 2nd and 3rd generations, in some areas up to 20% of heiffers are becoming infertile and up to 45% are experiencing spontaneous abortions. GMO corn has weed resistant chemicals in it that are shown to pass from mother to foetus through the umbilical chord, so these chemicals will inevitably be in the beef we eat, and will inevitably cause the same issues they are seeing now in the cows. Say no to GMO.

  3. So what’s unnatural about forcing foreign bacterial and foreign viral genes into the DNA of plants across the natural species barriers that evolved over millennia? It’s still the same food! Sure, you can patent it and sue every farm it invades, but it’s still “substantially equivalent” to any other food. Just ask the FDA! You’ll find them out of bed with Monsanto.

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