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Brazil court rules Nestle must label GM ingredients

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Published: 21 August 2012
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1. Brazil court rules that Nestle must label transgenic ingredients
2. GMOs written on the label

NOTE: A Brazilian court has forced the multinational food company Nestle to label GM ingredients in food products, in conformance with a Brazilian law (item 1) that says all food products containing ingredients that have more than 1% GMO content must be labeled.

Brazilians will now be told about the presence of GM ingredients in food. But as yet, Americans are not allowed to know this most basic information.  

Shockingly, the Brazilian government had joined with the food industry association ABIA to fight GM labelling (item 2) in the courts. In other words, the Brazilian government colluded with a food industry lobby to break Brazilian law and betray public trust. The court ruled that the government and ABIA were acting illegally and that consumers have the right to know if they are eating GM ingredients.
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1. Court rules that Nestle must label transgenic ingredients
Jornal DCI/Sao Paulo 
Vol. XI, No. 2615
Section: Legislation
17 Aug 2012
Article in Portuguese (subscription required): http://bit.ly/NCRkfX
Clipping of article in Portuguese: 
http://bit.ly/MIOEfm
Summarised rough Google translation into English below

SAO PAULO: The court granted an injunction forcing Nestle to label the presence of genetically modified organisms (GMOs) in the composition of their products, indicating the percentage of modification. The injunction also requires that the information on the label must contain the graphic sign designating GM food (a "T" in lowercase, inserted in a triangle with yellow background), accompanied by the term "transgenic". 

A fine was fixed of R$5000 (U$2478 or euro 1996) per product found on the market in violation of the court order. The injunction was given in the civil action filed by the Public Prosecutor of Sao Paulo (SP-MP). The analysis found genetically modified products in the composition of "Bono" cookies, strawberry flavor, manufactured and marketed by Nestle. 

Although more than half of the soybeans used in manufacturing the biscuit are transgenic, this is not declared on the product packaging, as was determined in the civil investigation. 

For prosecutors, the lack of such information is contrary to the Consumer Protection Code, specifically Article 31, which deals with relevant information that must be provided to consumers. In his ruling, Judge James Ducatti Lino Machado, of the 39th Central Civil Court, affirmed, "The prosecutor's action does not produce any interference with the production of the indictee (Nestle)."
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2. GMOs written on the label
Jornal DCI/Sao Paulo
Section: Legislation
20 Aug 2012
Clipping of article in Portuguese: 
http://bit.ly/RdqPNr
English translation by GMWatch

Brasilia: The regional federal court of the 1st Region tried the appeal presented by the Union (Brazilian federal government) and the Brazilian Food Industry Association (ABIA), upholding the sentence that companies in the food industry have to inform consumers the existence of GMOs in the composition of all foods regardless of the percentage of GM content or any other conditioning factor. "Lower percentage does not eliminate the right to know for the consumer," said the decision.

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