Hastings Constitutional Law Quarterly


Samantha Ricci


Labeling is a primary method of providing information about food such as the production, ingredients, and nutrition facts-but what happens when labels become less accessible? This Note explores the justice implications of the first genetically modified organism (GMO) labeling bill, The Safe and Accurate Food Labeling Act, or known to opponents as The DARK Act (Denying Americans the Right to Know). This Act allows for a "QR" code, website, or 1-800 number to constitute a label for GMO labeling requirements. This Act discriminates against 100 million Americans who do not own smart phones or have access to Wi-Fi or data, and thus are unable to access this information. This Note presents the current GMO debate. The legislative history and lobbying expenditures behind the Act are examined. Next, this Note examines the constitutional implications involving preempting state laws and equal protection concerns. Finally, this Note evaluates whether all Americans have the same rights in an increasingly digital world.