US Closes GMO Loophole While Canada Lags On Labelling

US Appeals Court ruling adds pressure on Canadian regulators, as poll shows 83% of Canadians want mandatory labelling of GM foods

CBAN Media Release

Corn to illustrate GMO food - Photo by Kris Sevinc (Unsplash)

Photo by Kris Sevinc (Unsplash)

November 3, 2025 (Ottawa) A United States federal court of appeals ruling that companies must label genetically modified processed foods in US grocery stores is likely to bring more pressure to bear on Canadian regulators as they consider similar labelling in Canada.

On October 31, 2025, the United States Court of Appeals for The Ninth Circuit overturned key aspects of US Department of Agriculture (USDA) regulations on the labelling of genetically modified (GM or genetically engineered) foods. The USDA had previously exempted “highly refined” or ultra-processed GM foods, such as corn and soy oils, from its mandatory disclosure rule for “bioengineered” foods, but this loophole is now closed.

“Canadian consumers deserve the same transparency that will now be enforced in US grocery stores,” said Lucy Sharratt of the Canadian Biotechnology Action Network (CBAN) which is advocating for mandatory labelling of all genetically modified foods in Canada.

The US decision comes just one day after the release of a new poll result that found 83% of Canadians want mandatory labelling of genetically modified foods. This national poll, conducted by Leger Marketing for the Canadian Biotechnology Action Network (CBAN) and Vigilance OGM, showed strong public support for transparency on GM foods, confirming that Canadians overwhelmingly want to know when foods on grocery shelves are genetically modified.

Canada currently has a voluntary standard for GM labelling, but no companies have ever used it, leaving consumers largely uninformed about GM ingredients in their food. The need for mandatory labelling is increasingly urgent, as gene editing could soon mean the sale of many new genetically modified organisms (GMOs) to unwary consumers, including more GM whole fruits and vegetables. CBAN warns that gene-edited mustard greens for salad mixes and gene-edited whole strawberries could be the first of these new, unregulated GMOs to enter the Canadian market.

A House of Commons petition for mandatory labelling, authorized by Bloc Québécois Agriculture Critic Yves Perron (Berthier—Maskinongé), closed November 3, 2025.

The court decision held that the USDA acted unlawfully in excluding ultra-processed foods from the U.S. bioengineered disclosure standard. The loophole was significant because these GM ultra-processed foods, such as cooking oils from GM corn, canola, and soy, make up the majority of all GM food ingredients in North America. The USDA rule will now need to be rewritten.

“The court decision paves the way for more complete labelling of genetically modified foods in the US, leaving Canadian regulators behind and consumers in Canada uninformed,” said Sharratt.

The case was litigated by the Center for Food Safety, representing a plaintiff coalition of nonprofits and organic retailers in the United States.


The Canadian Biotechnology Action Network (CBAN) brings together 15 groups to research, monitor and raise awareness about issues relating to genetic engineering in food and farming. CBAN members include farmer associations, environmental and social justice organizations, and regional coalitions of grassroots groups. CBAN is a project of MakeWay Charitable Society.

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