On March 16, 2016, the Senate failed to approve, with a vote of 48–49, a bill introduced by Sen. Roberts (R-Kan), chairman of the Senate Committee on Agriculture, Nutrition and Forestry, that aimed at providing a biotechnology labeling solution. The bill sought to create voluntary national standards for labeling food with genetically modified organisms ("GMOs") and to preempt states, such as Vermont, from passing laws that require food companies to label their biotech food or seed products as bioengineered. The approval of a voluntary versus a mandatory biotech labeling law has been under discussion for some time. The decision of the Senate could be considered a win for those environmental groups, organizations, and Democrats that refer to voluntary GMO labeling bills as "deny Americans the right to know" or "DARK" Acts. Alternatively, Republicans and major food and biotech companies claim mandatory disclosure would negatively affect the food industry as it could give consumers the misimpression that the government itself thinks genetically engineered food is not safe for consumers. Despite the bill having been rejected, Sen. Roberts, who thinks GMO labeling is a market issue, and clearly not a safety or health issue, said he will continue "to work on a solution to a critical problem that will face every American every day."

The House Agriculture Committee passed similar legislation on July 14, 2015, and is still awaiting the Senate's vote. For more details about this bill, see our previous Jones Day Update.

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