FOIA. It’s the New Four-Letter Word.

bullet-LeafSeveral weeks ago, I was notified by my alma mater (the University of Saskatchewan) that the US Right to Know (USRTK) had submitted an Access To Information Act (ATIP) request seeking the production of documents pertaining to “…Camille (Cami) D. Ryan, formerly a professional associate in the Department of Bioresource Policy Business and Economics at the College of Agriculture”.

I was not surprised. Why? For the past year or more, I watched this Freedom of Information Act (FOIA) issue unfold. High profile academics working in agricultural research and outreach all over North America, and their home institutions, were subjected to public records requests from USRTK. I have had close working relationships with only a few of these academics. One is my former PhD supervisor, some have been co-authors on articles or chapters, others I have had the opportunity to meet/work with at conferences or other science-related events. Many I haven’t even met while others I have only connected with in passing. I know them all by reputation. These academics are credible, public sector scientists with decades of experience working in agriculture-related research. They are plant and animal geneticists, political economists, plant breeders, microbiologists, etc., who – through their work – are making significant steps forward in crop research, varietal development, and in how our food is produced and distributed in the world. While I recognize that I am just a ‘small fish’ in a ‘large pond’ of brilliant academics, I knew that it was only a matter of time before I received a request due to these connections that I have and (more likely) to my recent move to Monsanto.

What the FOIA?!

FOIA and its Canadian equivalent, ATIP, are laws enacted to allow for the full or partial disclosure of documents controlled by government organizations (including public sector universities). These laws and the ‘request mechanisms’ are intended to protect public interest by ensuring that public sector organizations and those that are employed by them are operating on the up-and-up. Quite simply, they are accountability mechanisms.

Early last year, 14 US scientists were targeted with FOIA records requests. As of now, that number has risen to well over 40 and more recent efforts have expanded into multiple rounds of searches of emails requested by not only USRTK, but other NGOs, activists, and journalists as well. All are intent on looking for “nefarious” connections linking public sector researchers with corporations and other industry organizations.

Let’s be clear. Relationships between academics and industry do exist. I have blogged about the Genome Canada model here. Few, if any, academics would apologize for these kinds of interactions. In the agriculture sector, academic-industry connections have led to important changes in the food security system, to the development of better crop varieties, and other innovations that have social and economic value.  The impetus behind this is laid out in the Morill Act  (Steve Savage talks in more detail about that here) with the stated purpose for Land Grant universities to promote research, education, and outreach in the “agricultural and industrial arts”.  Yes, outreach. The relationships between the public and private sectors are part of this mission to ensure that socially and economically valuable innovations reach the people who need them.

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FOIA Me. FOIA You.

The tidy little package that the USRTK will receive from the U of S will consist of only 168 pages of emails sourced from my account via the university server. These emails were generated based upon a search (17 search terms identified by USRTK such as “Monsanto”, “Syngenta”, “BASF”, “Ketchum”, etc) of my email folders covering the two-year span of time from January 1, 2012 to December 31, 2013 (when my research contract ended with the U of S).

Yep. That’s 168. Pages. This is a mere drop in the FOIA bucket. In my case, the estimated invoice for production of these documents by the U of S for USRTK is ~$3500 CDN. But this amount doesn’t even begin to reflect the actual costs imposed on university faculty and personnel, including those that work in IT, administration, and the university’s legal department. Now, amplify these kinds of costs across 40+ FOIA respondents and their home institutions. Imagine the time, administration, and opportunity costs that have been amassed all across North America for this FOIA initiative.

The social and economic costs are considerable. This means less time spent on conducting research, training graduate students, teaching, and writing/administering grant applications.

thehumansocialanimal2

While USRTK and others purport to uncover mass collusion in agricultural research, what they are really uncovering is the social, human animal at work. Nothing more. These are scientists – #scientistsarepeople – working in related areas, interacting with one another and exchanging ideas, collaborating on projects, and co-publishing; working to find solutions to social, economical and scientific challenges that cannot be addressed by any one person, organization or institution in isolation.

So, who the FOIA cares?

We should all care. The costs alone are problematic (see above). These email requests amount to taking a subset of raw footage and twisting it into stories that feed into an inflexible, pre-conceived narrative. While freedom of information laws are designed to serve a public good (ensure accountability), they can also be used as tools to intimidate and diminish public good – to subvert democracy.

The silver lining to this cloudy issue may be in the ‘call to action’ for those of us working in the areas of agriculture, science, and innovation. Scientists are the experts. As experts and advocates in private and public sectors, we need to continue to work (collectively) towards solving problems that make sense for societies. But we also need to communicate better about how these relationships are structured and why they matter. Now – more than ever – we need to be transparent about the work that we do and how we do it if we are to earn and maintain public trust.leaf2

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 “Science knows it doesn’t know everything; otherwise, it’d stop. But just because science doesn’t know everything doesn’t mean you can fill in the gaps with whatever fairy tale most appeals to you.”

― Dara Ó Briain

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Related articles:

Brown, Kristen V. (2016). “How internet trolls silenced a scientist…and why we need to rethink our entire approach to harassment online.” Fusion. February 24th.

Brown, Tracy. (2016). “It’s silly to assume all research funded by corporations is bent.” The Guardian.

Genetic Expert News Service. (2015) “Biotech researchers concerned FOIA requests could chill public outreach.” September 8.

Johnson, Nathanael. (2015). “Are Scientists that Collaborate with Industry Tainted?“. The GRIST. September 9.

Kroll, David. (2015) “What the New York Times Missed on Folta and Monsanto’s Cultivations of Academic Scientists.” September 10.

Lipton, Eric. (2015) “Food Industry Enlisted Academics in G.M.O. Lobbying War, Emails Show.” New York Times. September 5.

Parrott, Wayne. (2015). “Time to end transparency double-standard targeting biotech scientists.” Generic Literacy Project. September 15.

Ropeik, David. (2015). “What’s More Dishonest: Scientists Taking Corporate Cash or Mudslingers Attacking Them?” Big Think.

Savage, Steve. (2015). “An Important Public-Private Partnership is Under Attack.” Forbes. August 31.

Senapathy, Kavin. (2015). “Misuse of FOIA: Bullying a mother, scientist, nutrition and lactation expert.” Biology Fortified. September 10.

Van Eenennaam, Alison. (2016). “Who Should Fund University Research?” BioBeef Blog.

Van Eenennaam, Alison. (2015). “I’ve been FOIA ed.” Genetic Literacy Project. September 11.

Select References:

BioChica. (2015). “The funding of science: public & private sector collaborations.” FrankenFoodFacts.

Bruininks, Robert H. (2005). “Regional Economies in Transition: The Role of the Land Grant University in Economic Development”. Paper presented for discussion to the National Association of State Universities and Land-Grant Colleges (NASULGC).

Chassy, Bruce. (2015).”The USRTK FOIA: 40-plus years of public science, research and teaching under assault”. Academics Review.

GeneticsExperts.org (2015). “Freedom of information requests reveal how scientists interact with seed, chemical and organic companies”.

Giddings, V., R. D. Atkinson, and J.J. Wu. (2016). “Suppressing Growth: How GMO Opposition Hurts Developing Nations.” Information Technology and Innovation Foundation. February.

International Development Research Centre. (2014). “New public-prviate partnerships address global food security.” http://www.idrc.ca/en/regions/global/pages/ResultDetails.Aspx?ResultID=133

Kastner et al. (2015). The Future Postponed: Why Declining Investment in Basic Research Threatens the U.S. Innovation DeficitReport/Cases studies by the Massachusetts Institute of Technology. April.

Kniss, Andrew. (2015). Three-part series beginning with “Who funds my weed science program?”, “I am biased and so are you”, and “On transparency, intimidation, and being called as shill”. Weed Control Freaks. August.

Novella, Steven. (2015). “FOIA Requests to Biotech Scientists.” NeurologicaBlog. http://theness.com/neurologicablog/index.php/foia-requests-to-biotech-scientists/

Orac. (2016). “Transparency” should not equal a license to harass scientists. Respectful Insolence. http://scienceblogs.com/insolence/2016/01/11/transparency-should-not-mean-a-license-to-harass-scientists/

Spielman, D.J. F. Hartwich, and K. von Grebmer. (?) “Public-private Partnerships and Developing-country Agriculture: Evidence from the International Agricultural Research System.” Future Agricultures. http://www.future-agricultures.org/farmerfirst/files/T2a_Spielman.pdf

The Library of Congress. (2016). “Morill Acts.” https://www.loc.gov/rr/program/bib/ourdocs/Morrill.html

 

The consumer and GMOs: adrift in a sea of misinformation

Last month, I had the opportunity to present to a group of registered dieticians and nutritionists at the Alberta Milk sponsored event, the Nutrition File Seminar.  It was a great opportunity to connect with those that work directly with consumers and have to tackle some of the most difficult questions about how our food is produced every day!

I shared the podium with some really smart folks: Terry Fleck with the Center for Food Integrity, Dr. Steve Savage, Dr. Herman Barkema of the University of Calgary and Shirzad Chunara from Alberta’s Ministry of Agriculture. We were all there to answer those questions that consumers often ask about food and food production.

My topic? GMOs. Link to the presentation is HERE.

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The topic of GMOs is a complex one.  Many of the sites listed on the first 10+ pages of a simple Google search will point to statements like “GMOs have not been proven safe” or “they have not been tested safe for consumption.”  GMOs are often referred to as dangerous, toxic or even as time bombs. Many state that GMOs must be “immediately outlawed or banned.”  All this serves to do is to create unnecessary fear in the minds of the consumer. And it most certainly is not a true representation of the science and how genetic engineering and genetically engineered crops have and can benefit farmers and consumers – and society more broadly.

Every major international science body in the world has reviewed multiple independent studies—in some cases numbering in the hundreds—in coming to the consensus conclusion that GMO crops are as safe or safer than conventional or organic foods.” – Jon Entine, Forbes.

Here is a partial list of those organizations worldwide that Jon refers to:

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B.J. Murphy (@SciTechJunkie) lists some of the statements that those organizations make in support of GMOs here.

I like to quote author and journalist, Michael Specter who says: “We’ve never lived in a time where we needed science so badly.”

Yes. And we have never lived in a time when we are in a position to so readily deploy science in such meaningful ways.  Yet, we are often blocked by a loud but vocal minority of individuals and organizations that have the capacity to influence the public’s opinion on such things.

It’s good to remember that…

“…no single agricultural technology or farming practice will provide sufficient food for 2050…instead we must advocate for and utilize a range of these technologies in order to maximize yields.” Mark Rosegrant, Director, International Food Policy Research Institute (2014). 

Everyone wants a safe and healthy food supply. But people also need to have access to accurate information in order to make informed choices about their food. Want to know more (facts) about genetic engineering, GMOs, regulatory bits and bites and other related stuff? Check out my five part series on GMOs and public perceptions: Part 1, Part 2Part 3Part 4Part 5.

GMOs and Public Perceptions: Part 4 (of 5)

I had the opportunity to work with a journalism student from Sheridan College. She asked some really great questions about genetically modified organisms and I provided some answers. Q.4 Should labeling GM foods be mandatory in Canada? There is a private member bill that has been introduced to label GMOs in Canada plus 24+ legislative (municipal and state level) initiatives currently on ‘the books’ in the US.  This whole issue of labeling is not going away anytime soon.  The problem is that the issue is often oversimplified in the media.  It’s not as simple as slapping a label on a can and calling it a day. image4 Mandatory labeling invokes traceability within the food system.  And no matter what the headlines say, that means costs.  When people think GMOs and labeling, they most often think big seed companies[1] (like Monsanto) and big retailers (like Walmart). The ag and food production value chain is long and complex, comprised of many different actors including producers/farmers, elevator managers, grain distributors, seed companies, food processors, transporters, wholesalers, retailers, restaurants, etc. If governments were to enact mandatory labeling [2], costs would be incurred throughout that value chain (all actors). And those costs would be passed onto the consumer. In addition to increased food costs, mandatory labeling of GMOs would have other effects. According to the results of a recent study[3] conducted by MIT professor Juaniuan Zhang, consumers assumes that the government knows more than they do about the safety of the food supply.  So, if the government requires labels on food, consumers will suspect that there is something wrong with it.  Thus, a GMO label runs the real risk of looking like a warning label. On a related note, our current food labeling system (regulated by the federal government) operates on some fundamental tenets.  First off, labels on food products are reserved for foodstuffs that carry a documented health risk (eg. allergen) or in cases where products represent a substantive change in nutritional composition.  Scientific evidence affirms that GMO foods are indistinguishable from foods produced through traditional methods (see studies mentioned above).  Labeling them for consumers (mandatory) would be misleading.  Labels, by law, cannot be misleading.  The other argument here is that if people wish to avoid GMOs, they can.  There are third party certified labels for “non GMO” (The Non GMO Project) and you can always choose to buy “certified organic” (US and Canada).  So, a GMO label seems a bit redundant. image4a Now, voluntary labeling on the part of the food industry is a whole other issue.  Some argue that industry should have been more proactive long ago and incorporated what is referred to as “positive” labeling strategies for products with GMO ingredients.  It may have mitigated some of the controversy that has gone on for the past 20 years.  This voluntary labeling thing is not out of the realm of possibilities for now either.  But the devil will be in the details. How and what to label is the real question.  It will be interesting to see how all this plays out. Here’s two sides to the issue that are very illustrative and from people that I view as evidence-based and ‘reasoned’: Check out Mark Lynas’ take on labels and his argument for ‘transparency’: http://www.marklynas.org/2013/10/why-we-need-to-label-gmos/ Also, I like this post by my colleague Chris MacDonald on “Right to Know What I am Eating” on his blog “Food Ethics”: http://food-ethics.com/2010/09/28/the-right-to-know-what-im-eating/


[1] There are often statements in the media “If you are so proud of your products, Monsanto, why don’t you label them?” This shows that people really don’t have an understanding the ag and food value chain.  These companies (like Bayer, BASF< Dow, Monsanto, etc) market to farmers. Period. And those seeds (if they are genetically engineered) are VERY WELL labeled as such. Now, the reason that these big companies get involved in funding “say no to GMO labels” is because they are supporting and advocating for the interests of downstream industry actors (like food companies).  They are also taking into consideration what impacts labeling would have at the farm, elevator, transport levels too.  Segregation costs (and other administrative and management costs) are big costs.
[2] At the government level, these costs would be incurred by the public purse, of course.
[3] The Zhang study: http://jjzhang.scripts.mit.edu/docs/Zhang_2014_GMO.pdf – – – – GMOs and Public Perceptions: Part 1, Part 2, Part 3, Part 5.

The Right to Know What I’m Eating

INTRODUCTION TO THIS RE-BLOG OF “THE RIGHT TO KNOW…”

  • Prop 37 was defeated November 2012 on the California ballot by a narrow margin. But there has been fall-out from this with GM labeling initiatives (introduction of bills/legislation) in many states in the US. One bill died in New York but another labeling law was passed in Connecticut. This issue is not going away. The impetus behind labeling of GMOs is “right to know.”
  • In this blog post, Chris MacDonald, a Toronto-based ethicist, professor, speaker and consultant, discusses “right to know” and legal vs moral rights (dated September 2010). Thanks, Chris, for letting me post this to my blog. Very informative!

Other related post by Chris: Should Companies Label GM Foods?

  • Chris MacDonald, Ph.D., is an educator, speaker, and consultant in the realm of business ethics. He teaches at the Ted Rogers School of Management, at Ryerson University in Toronto, where he is Director of the Jim Pattison Ethical Leadership Education & Research Program, at the Ted Rogers Leadership Centre.

Labels and other ‘Krafty’ Stuff UPDATE#3

  • UPDATE #1 (June 4, 2013) You will recall my colleague from London that I mention in my original post. Well, he did some more sleuthing. He contacted an importer and queried him on labeling practice. Here’s the scoop:
  • The Labels: I was wrong. These labels aren’t developed by the importers, they are actually designed and ordered by the retailer. In this case, Tesco. So, rather than there being a lack of consistency in labeling protocols on the part of importers (as I suggested), labeling protocols appear to be differentiated across retailers – even those within the same chain of retailers (Tesco). The whole process appears to be quite subjective.
  • GMO label info: My colleague challenged the importer on the blatantly inaccurate information on the label. The importer’s response? “GM Wheat is being sold in the US.” And, after my colleague corrected him on this, he said: “Well, there is GM wheat growing in Oregon.” Yes, we know that. But a photo of the inaccurate label was circulating on social media (Pinterest) BEFORE the Oregon issue presented itself. Hmmm…
  • The importer said that they are currently awaiting follow-up information from Kraft. Local trading Standards officers are also seeking clarification. I guess we will wait to see what happens.
  • I will update this post as information arises. I think that there is one thing that we can all agree on: Ensuring standardization and efficacy of labeling regimes are good for the retailer, the importer, the food company and – most of all – the consumer.
  • UPDATE # 2 (June 4,2013) CURIOUSER AND CURIOUSER: Is there a black market in KD? In this report by MSN News, Lynne Galia, a spokesperson for Kraft Foods, made a statement yesterday (June 3) “…we don’t export Mac & Cheese to the UK and have no authorized distributor there…The company that has applied this sticker is not authorized by Kraft to sell our products.  They are not a customer of Kraft. They are getting the product from someone else and reselling our product in the UK…” Kraft continues their investigations.
  • Hmmm.  The whole labeling ‘thing’ may be just secondary fall-out to these illegal shenanigans. 
  • UPDATE #3 (June 5, 2013): It appears that Food Babe got some publicity in the NY Times on this which won’t hurt her anti-Kraft campaign any.  Also, we now know the name of the ‘mystery’ shopper that brought that original label to light: Flo Wrightson Cross, a student in north London.  Flo loves KD too! ;o)

Labels and other ‘Krafty’ Stuff #mythbusting101

I am a huge fan Kraft Mac n’ Cheese (AKA ‘KD’). When I was young, broke and living on my own, it was a food ‘staple’.  As a household, now, we probably consume only about 6 boxes per year. Times change.  But KD doesn’t. I find that it still ‘hits the spot’ sometimes. 

The other day, I saw a photo like this circulating on Pinterest with the headline “WARNING: look at what’s in your Kraft Mac n’ Cheese! 

Source: Food Babe

Source: Food Babe

When I first saw the label, I thought it was total bunk; garbage. My judgement was based not only on the label content but also on what appeared to me to be a rather ‘amateurish’ label design. Hey, it was a fair assumption. I mean, how hard could it be to stop at Staples, pick up a pack of Avery labels and design/print labels with deceptive information? In terms of content, a first clue was that “macaroni” was spelled incorrectly (as “macroni”). The other red flag for me was the label’s “GMO declaration” – “made from genetically modified wheat.” WHAT?!? (I’ll get to the ‘wheat’ thing later).

Fig. 3

photo taken by colleague in London, May 31, 2013

After a bit of social media scanning, I found out that this label was on a package of KD that was imported from the US to the United Kingdom (UK).  As I was not familiar with import and labeling regulations in the UK, I launched into several hours of research – scouring regulatory documents and scanning the websites of UK importers.  Not to mention, I exchanged a flurry of emails with colleagues who are more ‘in the know’ about such things. I even managed to score a photo of another labeled box of KD from a colleague in London (below).

First, I wanted to compare what I knew to be a legitimate label on a package of KD (above, purchased by a trusted colleague) with one that had been circulating on social media. Summary below:

KD labels side by side

Photo of Label 1 sourced from Food Babe

Label 1: As far as I can tell, the photo of this label was introduced to the Internet via the Food Babe website. The date that this particular box of KD was originally purchased is unknown. But Food Babe did publish another photo of a package of KD yesterday that appears to have the same format and content as the one pictured above. The photo also included the May 31, 2013 issue of The Times of London as a ‘time stamp’ (the photo was taken at a Tesco location in North London).  The product importer was Innovative Bites Ltd.

Label 2: Photographed by a colleague on May 31, 2013, this label was on a package of KD that he purchased at a local Tesco retailer in London.  The product importer was PS Foods Limited.

Note the differences. To illustrate these differences, I pulled together a table that outlines what is and isn’t included on the respective labels.

table KD

Allergen Information: Regulatory bodies in many countries in the world have labelling requirements for specific priority allergens (plus gluten sources / added sulphites) in foods (Canada, US, EU). Yellow 5 and Yellow 6 (both of which are food dyes in KD’s dry cheese powder) are known in the EU as Tartrazine (E102), and Sunset Yellow (E110) respectively. In a 2007 study, commissioned by the UK Food Standards Agency, hyperactivity in children was linked to artificial colorings and a food preservative. This prompted the European Parliament to pass a law in July 2008 requiring products containing food dyes in Europe to carry the warning “may have an adverse effect on activity and attention in children” (as shown on Label 1, absent on Label 2).

GMOs: The EU (including the UK) has a very different political and regulatory approach to genetically engineered crops and GMOs than we do in North America. While mandatory labelling of GMOs isn’t required here in Canada (or the US), the European Commission requires that pre-packaged products consisting of or containing GMOs have labels that indicate so. As much as 70% of food in our grocery stores in North America is made with genetically modified ingredients (soy, canola, corn). Therefore an importer of a prepackaged product from the US (as in this case) may include “may contain GMOs” on the label for no other reason than to cover their butts.

But here’s the real kicker about Label 1.  Label 1 states – definitively – that the product is “made from genetically modified wheat.” There has never been a genetically engineered wheat on the market.  Never. Not anywhere in the world. So, even if Kraft wanted to make its product(s) with GE wheat, it couldn’t. The information on Label 1 is inaccurate and grossly misleading.

Ingredients: I couldn’t find a (credible, regulatory) document that outlined protocols for labeling imported prepackaged food in the UK. So, I will pose some possible reasons for why one of these labels had ingredients and the other didn’t.

Maybe it depends on the placement of the label.  Label 2 was placed on the upper part of the side of the box.  The (US) factory printed ingredient list was near the bottom so it wasn’t obscured. Maybe that’s why the ingredient list didn’t need to be repeated on the label.  As for the other product (Label 1), it wasn’t photographed in full so I don’t really know where the label was placed.  One thing that would justify a list of ingredients beyond the factory printed list (as in Label 1) would be a clarification of ingredients.  You will recall earlier that I mentioned that the food dyes in KD’s dry cheese powder are referred to differently in the UK (EU) than they are in North America. Including an edited ingredients list would be useful (and informative) in this case. (Related: see Rob Wallbridge’s post on his blog The Fanning Mill where he talks about interpretation and meaning of (ag-based) words in different parts of the world).

Note: ‘Best Before’ dates are included on Label 1 but not on Label 2.

Is safety an issue? In a word, NO.

Food dyes: Both Yellow 5 (Tartrazine (E102)) and Yellow 6 and (Sunset Yellow (E110)) have safety approval in the US (USDA/FDA), the EU (EFSA) and other jurisdictions in the world. A panel of Food and Drug Administration (FDA) experts met with the center for Science in the Public Interest in 2011 to consider relevant data on the possible association between artificial food colors and hyperactivity in children. Based upon the available evidence, the panel ruled that a causal link between food dyes and ADHD has not been established.  They did, however, suggest that more research needed to be done.  These food dyes (and Kraft) are still under fire. There are lobbying efforts underway to push the company to remove these additives from their product lines.

GM Wheat:  No GE wheat varieties have been approved for commercial production in the United States or elsewhere in the world. Monsanto, however, was authorized to field test glyphosate tolerant wheat in 16 states from 1998 to 2005.  Recently, glyphosate tolerant wheat was discovered in an Oregon field.  APHIS has launched an official investigation (press release here). Check out the post at Biofortified “Get the scoop on GMO wheat in Oregon.” Karl Haro von Mogel provides some great links to resources there.

Needless to say, this recent discovery, in combination with the Kraft label issue, only serves to fuel the fire of controversy and raises questions about the safety of GE wheat. But the FDA reviewed this glyphosate tolerant wheat back in 2004 and determined it that there was no food safety risk associated with the crop variety.

So, what SHOULD we be concerned about? 

MISL LABELS

The EU watchdog must be asleep. It appears that different UK importers (in this case, Innovative Bites Ltd (UK) and PS Foods Limited) attach different labels to meet requirements. More problematic, however, are the gross errors in labeling; from simple spelling errors, to omissions, to completely inaccurate information. The lack of consistency in content, format and structure of label information creates uncertainty and confusion. This does little to incite product confidence for the consumer. Another unfortunate by-product of this kind of ‘fuzzy’ labeling is that it provides the perfect opportunity for the ‘food police’ (a la Jayson Lusk) and the anti-GM movement to move in and work their own kind of ‘craft’. They can quickly spin stories (such as here and here) to further sway public opinion through misleading information.

As a consumer I want nutritional and other information about the food that I buy. But I want accurate and meaningful information.  Don’t you?

UPDATES HERE

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“Crowd-sourced Mythbusting” is a great thing! Please weigh in on the topic and share your knowledge, thoughts and opinion!