BRIEF OF AMICI CURIAE CONSUMERS UNION OF UNITED STATES, INC., VERMONT BUSINESSES FOR SOCIAL RESPONSIBILITY, and BEN & JERRYS HOMEMADE, INC.

The brief, submitted by Consumers Union of United States, Inc., Vermont Businesses for Social Responsibility, and Ben & Jerry’s Homemade, Inc., supports the denial of a preliminary injunction against Vermont's Act 120. It contends that GE food labeling is a global norm, adopted by over 60 countries and sanctioned by the Codex Alimentarius Commission. The authors argue that the law serves substantial state interests, including public health and environmental protection, and that compliance costs—specifically through nationwide relabeling—are minimal, one-time expenses that do not constitute irreparable harm.

• Genetically engineered (GE) food labeling is a widespread international practice, with more than 60 countries requiring such labels, including the European Union, which implemented requirements in 1997.
• The Codex Alimentarius Commission (CAC), an international body with 185 member nations including the United States, has adopted language that allows governments to require GE labels without facing trade sanctions.
• Act 120 serves several legitimate state interests, including the protection of public health, food safety, religious practices, and the prevention of consumer deception, as well as informing consumers about environmental impacts such as the increased use of pesticides.
• The brief argues that the Grocery Manufacturers Association (GMA) failed to prove irreparable harm because Act 120 provides a generous compliance period—extending to January 1, 2017—which is longer than the 15-month period the FDA considers necessary for most labeling changes.
• Nationwide relabeling is presented as a low-cost compliance option, with estimated one-time costs ranging from $500 to $1,996 per stock keeping unit (SKU).
• The brief identifies four primary methods for manufacturers to comply with Act 120: product reformulation, exiting the Vermont market, state-specific relabeling, or nationwide relabeling.

APA

Earthjustice (2015). BRIEF OF AMICI CURIAE CONSUMERS UNION OF UNITED STATES, INC., VERMONT BUSINESSES FOR SOCIAL RESPONSIBILITY, and BEN & JERRYS HOMEMADE, INC. https://earthjustice.org/wp-content/uploads/vt20ge20labeling20brief.pdf

Chicago

Earthjustice. BRIEF OF AMICI CURIAE CONSUMERS UNION OF UNITED STATES, INC., VERMONT BUSINESSES FOR SOCIAL RESPONSIBILITY, and BEN & JERRYS HOMEMADE, INC. 2015. https://earthjustice.org/wp-content/uploads/vt20ge20labeling20brief.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=BRIEF OF AMICI CURIAE CONSUMERS UNION OF UNITED STATES, INC., VERMONT BUSINESSES FOR SOCIAL RESPONSIBILITY, and BEN & JERRYS HOMEMADE, INC. |date=31 August 2015 |url=https://earthjustice.org/wp-content/uploads/vt20ge20labeling20brief.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2015brief, author = {{Earthjustice}}, title = {{BRIEF OF AMICI CURIAE CONSUMERS UNION OF UNITED STATES, INC., VERMONT BUSINESSES FOR SOCIAL RESPONSIBILITY, and BEN \& JERRYS HOMEMADE, INC.}}, institution = {Earthjustice}, year = {2015}, month = aug, url = {https://earthjustice.org/wp-content/uploads/vt20ge20labeling20brief.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }