BRATTLEBORO — In documents filed in federal court pertaining to Vermont’s GMO labeling law, those opposed to Act 120 make a startling admission.

“Plaintiffs contend that Vermont cannot regulate the use of ‘natural’ labels on GE food products because the term ‘natural’ is so meaningless that it cannot be misleading,” according to documents filed in a Texas federal court in April.

In May 2014, the Vermont Legislature enacted Act 120, which requires the labeling of foods produced or partially produced with genetic engineering or containing genetically modified ingredients and prohibits the labeling of such foods as “natural.”

One month later, the Grocery Manufacturers Association, Snack Food Association, International Dairy Foods Association and National Association of Manufacturers filed suit in Vermont federal district court to prevent the enforcement of Act 120. In the lawsuit, the plaintiffs contend that Act 120 violates their First Amendment right to free speech, is unconstitutionally vague, violates the Dormant Commerce Clause, and is pre-empted by federal labeling statutes.

A key issue before the Vermont district court is whether consumers are misled by the labeling of GE food products as “natural.” Vermont argues that, under the First Amendment, it has the right to regulate misleading speech.

Vermont filed in Texas to force Frito-Lay to release consumer surveys it had conducted concerning genetically engineered food products and the use of “natural” labels on those products. Vermont also asked the Texas court to transfer its appeal to Vermont, which it granted on June 1.

“We actually filed eight motions to compel,” said Kyle Landis-Marinello, an assistant attorney general in Vermont. Among the companies targeted were manufacturers of GMO seeds such as Dow, Dupont, Syngenta, Monsanto and Bayer. The state is asking the manufacturers of genetically engineered seeds to turn over any studies conducted into the health and environmental impacts of those products.

Frito-Lay, Kellogg’s and ConAgra also received subpoenas, as they are members of one or more of the organizations that are appealing Act 120, said Landis-Marinello. “We want the consumer surveys to see if these companies know what their consumers think when they see the word ‘natural.’”

The subpoenas were filed in the federal district courts where the companies are registered, but a number of those proceedings have been transferred to Vermont. Landis-Marinello noted that Kellogg’s is the only company at this point that has agreed to turn over the requested documents.

Act 120 has two parts, he noted. The first requires food manufacturers to disclose whether a product contains GE ingredients and the second prohibits manufacturers of those foods from labeling them as “natural.” The Grocery Manufacturers Association, Snack Food Association, International Dairy Foods Association and National Association of Manufacturers are seeking an injunction to prevent Act 120 from going into effect on July 1. A hearing on the motions to compel is scheduled in Burlington on June 22.

“We have argued that it is deceptive to put the word ‘natural’ on a product that contains GE ingredients, and deceptive language is not protected under the First Amendment,” said Landis-Marinello.