OLYMPIA—The Washington Attorney General’s Office is seeking at least $14 million from a food industry association, alleging it tried to secretly finance the campaign against a GMO labeling initiative in 2013, according to previously sealed court documents released Feb. 17.
State attorneys presented their case Feb. 19 in Thurston County Superior Court, seeking an immediate judgment against the Grocery Manufacturers Association, whose members contributed $11 million to defeat Initiative 522.
In a counter motion, the association seeks to have the lawsuit dismissed, arguing that its members were exercising their First Amendment right to speak with one voice.
The case has been pending since 2013 when the state sued the association, alleging the trade group sought to shield brand name companies from criticism for opposing I-522, which would have required the food industry to label products with genetically modified ingredients. The measure received 49 percent of the vote and failed.
The AG office said it had reached an agreement with association to release some records that had been sealed by court order since 2014.
The records document “the largest political funding concealment case in state history,” according to an AG office press release.
“GMA engaged in an elaborate scheme to unlawfully shield its members’ contributions from public scrutiny,” Attorney General Bob Ferguson said in a written statement. “They need to be held accountable.”
The association issued a statement stating that it had no interest in keeping the records sealed.
“These documents simply confirm GMA’s efforts to exercise its First Amendment right to act as a single spokesperson for the common interest of its members,” according to the association.
According to court records, the association started a “Defense of Brands” fund in 2012 to oppose GMO labeling laws around the country.
By late 2013, it has assessed members more than $14 million for the fund and contributed $11 million to the “No on I-522” campaign.
After contributing millions of dollars, the association succumbed to pressure from the AG’s office and disclosed the names of companies funding Defense of Brands, according to court records.
Top contributors included PepsiCo, Nestle USA, Coca-Cola, General Mills and ConAgra Foods.
Although the association revealed donors and the amounts each contributed, the AG sued, claiming the association failed to timely disclose contributions or expenditures 58 times.
The AG has asked the court to levy “at a minimum” a penalty equal to the $14 million collected by Defense of Brands by late 2013.
“GMA’s significant wrongdoing deserves an equally significant response by the court,” according to the AG’s motion for summary judgment. “Anything less would undermine voters’ faith in transparency and encourage others to try the same behavior.”
The association describes the AG’s arguments as so much “bombast.”
The association argues that the First Amendment allows trade associations and unions to speak out and shield their members from criticism.
The association also argued that it’s folly to think that its high-profile members’ well-known opposition to GMO-labeling laws was a secret.
“There was nothing anonymous about it,” according to the association’s brief seeking dismissal. “The voters of Washington knew who the prominent members of GMA were. The newspapers made sure of that.”
Source: www.capitalpress.com