What Does GMA's SmartLabel Initiative Mean For False Advertising Litigation?

On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their products directly to consumers. Through SmartLabel, simply by searching online or scanning the bar code on a product's label, consumers can readily access a wealth of detail about that product's ingredients, including whether any are derived from generally modified organisms (GMOs).

With more than 30 food, beverage, and consumer products companies already on board, SmartLabel is an ambitious effort to increase the amount of product information accessible to consumers. And by allowing companies to provide more context than can fit on a typical label or package, the initiative also gives companies a new tool for defending against false advertising suits attacking the use of marketing terms like "natural" and "non-GMO." But at least in California— long