Exploring the Legal Liability of Genetically Modified Organisms and their Impact on Society

Controversy surrounds the use of Genetically Modified organisms (GMOs): whether the process of developing GMOs should be allowed, and if so, how they should be labeled. Efforts by activist groups have caused food associated with GMOs to carry a stigma, but farmers across the nation are fighting to continue to grow GMO crops and maximize their yield. In the 1970’s, GMOs were credited for assisting in the attempt to defeat world hunger and had a positive image. However, there has been a recent trend toward political and consumer resistance of food items that contains GMOs. A prediction of an abrupt population increase, combined with sudden climate changes, present further complications for world hunger, and make GMOs even more essential in today’s society. Additionally, farmers must now consider certain potential legal liabilities when buying seed, planting crops, and marketing their crops. This thesis will examine United States federal and state law to review how courts have ruled on tort claims in order to determine the potential and future liabilities that farmers producing GMO crops might face. This thesis will also examine the regulations by the United States Food and Drug Administration (FDA) and the federal laws they must comply with to determine if they need to be increased or if they are sufficient. Scientific studies will be used to assess the health risks associated with the consumption of GMOs and the impact they have on the environment. This thesis will also examine the First Amendment to determine how GMO foods should be labeled, so as to not interfere with consumers’ right to know if their food was genetically modified. Also, it will look at the impact labeling may have on the price of food in the United States, if mandated. Lastly, in order to understand the role that GMOs might play in the future with an increasing population, this thesis will review the work of Dr. Borlaug and how the implementation of GMOs assisted in alleviating a hunger crises in the 1970’s when the supply of food could not meet the demand