During 25-28 May, 1998 in Ottawa, the Codex Committee on Food Labeling will consider adoption of the “substantial equivalence” test as a Codex international standard for the labeling of products containing genetically modified organisms (GMOs). Under the substantial equivalence approach, a food product containing GMOs that exhibits sufficient resemblance to a traditional product can be treated in the same manner with respect to food safety. This approach has been widely criticized as inadequate method for addressing the risks and uncertainties arising from the genetic modification of food.
If adopted at Codex, the substantial equivalence approach may be imposed by the WTO on all WTO Member States, as the rules of international trade embody a strong preference for international standards such as those set by Codex. As explained in this brief, a Codex endorsement of substantial equivalenceas an international GMO product labeling standard may thus affect the WTO-consistency of national labeling laws. At particular risk are national laws responding to widespread consumer demand for the labeling of all GMO products. These and other national GMO labeling laws may be vulnerable to challenge in the WTO’s dispute settlement system.