Abstract
State laws mandating labels for foods produced with genetic engineering may be vulnerable to legal challenges under World Trade Organization (WTO) Agreements on Sanitary and Phytosanitary Measures (SPS) and Technical Barriers to Trade (TBT). A ballot initiative currently under consideration in California imposing such labels is likely an SPS Measure, and arguably violates the trade agreement. The initiative raises novel issues under the TBT Agreement, and it is thus not clear whether a successful challenge could be brought under those measures. WTO Member States could take action against mandated biotech food label laws, as could the United States, but it is uncertain whether private parties could.
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