Proposition 37, a mandatory labeling of genetically engineered food initiative, was on the November 6 ballot in California as a initiated state statute, where it was defeated.  Results from the California Secretary of State on November 7 with 79.6-percent of the precincts partially reporting indicate that 53.7 percent of votes cast opposed Proposition 37 and 46.3 percent voted for Proposition 37. The final results will be certified in about three weeks, and the vote totals will grow as each precinct counts its absentee, mail-in, and provisional ballots.

The vote was a stunning reversal for an initiative that had started out with better than two-to-one support in California.  A national poll last March found that nine out of 10 Americans supported labeling genetically engineered foods.  The campaign in support of Proposition 37 argued that Californians have a “right to know” before they purchased such foods, pointing out that consumers in 61 countries around the world are able to do that now.  The “no” campaign pointed to 400 scientific studies that concluded there is no food safety difference between genetically modified (GMO) food and non-GMO foods.  The opposition campaign also emphasizing how labeling costs could get passed onto the consumers and that lawsuits could be launched against California farmers and retailers based on the way the measure was drafted.

 A Hogan Lovells memo containing details on the genetically labeling requirements contained in Proposition 37 is available here.