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Clone wars? The challenges of cloned food in EU, US and WTO law

Petetin, Ludivine ORCID: 2009. Clone wars? The challenges of cloned food in EU, US and WTO law. Environmental Law Review 11 (4) , pp. 246-263. 10.1350/enlr.2009.11.4.064

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Following the recent ‘green light’ from the FDA in the US and from the EFSA in the EU, cloned meat and milk may soon arrive on food shelves. Yet evidence suggests that consumers remain apprehensive about eating such food, for reasons which stand outside the scientific community (including ethical and moral issues). These consumer concerns may be hard to accommodate. Not least, in the US no labelling will be required. Although a more restrictive legislative approach is envisaged in the EU, this could trigger a WTO dispute. If the Dispute Settlement Body of the WTO declared cloned and conventional foods to be ‘like products’, commercial advantages for the US would ensue, as cloned products would be allowed to be sold onto the markets with no labelling, creating one market combining conventional and cloned foods. In particular, the application of the principle of non-discrimination could oblige the EU to remove any labelling of cloned products. On the other hand, consumer preferences are a factor to be considered in any ‘like product’ determination and it may be that the consumer hostility towards cloned food in the EU may prove decisive.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: Animal cloning; Food products from cloned animals; Food safety; SCNT; FDA; EFSA; CVM; Risk assessment; Novel food; Consumer preferences; Labelling; Substantial equivalence; WTO law; GATT; ‘like products’; SPS Agreement; TBT Agreement
Publisher: Vathek Publishing
ISSN: 1461-4529
Last Modified: 21 Oct 2022 06:59

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