European Court of Justice Rules That New Genetically Engineered Organisms Are GMOs

Today's decision by the European Court of Justice (ECJ), which functions as the Supreme Court of the European Union, clearly states that the new methods of genetic engineering, like gene editing techniques (Talens and CRISPR), are GMOs and must meet the EU requirements for GMOs.

Indeed, the ECJ decision and press release goes even further by stating that all forms of genetic engineering or "mutagenesis" are GMOs: "organisms obtained by mutagenesis are GMOs within the meaning of the GMO Directive, in so far as the techniques and methods of mutagenesis alter the genetic material of an organism in a way that does not occur naturally."

The Court notes that the GMO Directive did intend that the earlier forms of mutagenesis (those that are random and done in vivio, e.g. chemical and radiation mutagenesis) are exempt: "it is apparent from the GMO Directive that it does not apply to organisms obtained by means of certain mutagenesis techniques, namely those which have conventionally been used in a number of applications and have a long safety record."

Read the decision here.

Andrew Kimbrell, Executive Director and President of Center for Food Safety, called on the US Department of Agriculture (USDA) and the Food and Drug Administration (FDA) to make their definitions of genetic modifications conform with the EU Court decision. "The US Department of Agriculture has less than a week to release its new regulations for the labeling of GMOs in the US. The USDA must now clearly label new kinds of genetic engineering, like those made with gene editing techniques like CRISPR. To do otherwise, would subject US products to challenges by one of our largest trading partners. Our farmers have enough trade problems, accurate and scientific labeling like that suggested by the European Court of Justice is an essential part of any responsible, transparent food system."