Another question for yog_sothoth:
When, in the case of one thing not being specifically mentioned in a label (among maybe thousands or more possible things that could be listed on a label), we want to determine if we are hiding that thing and thus deceiving the consumer, we are told by you that we are to determine this by considering whether the thing in question is a matter of "public concern"*.
My question is, how do we determine what is public concern?
Correct me if I am wrong, but we know that you do not believe that any level of concern is enough to count as "public concern". For instance, if marplots is truly and very sincerely concerned about the use of pig excrement to grow agricultural produce, you have made it very clear that his concern alone should not count as "public concern". Not mentioning in the label that agricultural produce was produced using pig excrement is, according to your criteria, not the same thing as hiding it and deceiving the consumer because one needs to have "public concern" about an issue and it takes more than one person to qualify as "public concern". Again, correct me if I am wrong as I am reading in between the lines a little bit and I do not mean to be placing words into your mouth.
In fact, since, you have not intervened to say that you think that kosher labeling should be government mandated we know that, whatever the number of Jews who want to keep kosher is, the number of said Jews is a smaller number than the number required to meet the threshold for an issue to count as being of "public concern". However, you still have not told us what this threshold actually is. Is it 10%? 25%? Simple majority? More than that? A little bit less?
And how do we actually know how many people have a concern so that we may determine whether your threshold is met? Do we have to do polling? If so, who does the polling and who vets it? As I pointed out earlier, designing questionnaires can be tricky and doing it badly is a good way to bias a poll.
What if the issue is complex? For instance, in this case, what is a GMO?
I just read an interview where the article writer was claiming the milk you pour in your coffee is GMO. They could only be referring to milk from cows treated with rBST (very difficult to find on store shelves, by the way --I have yet to find anything other than milk proclaiming not to be from such cows when I have looked for it) but if that is so, they must be considering cows treated by rBST to be GMOs (which would make every modern insulin user a GMO).
I often see members of the "concerned public" defining what a GMO is as being the result of the unnatural insertion by scientists of bits of DNA from one organism into an unrelated organism.
I read some sort of a peculiar, ignorance based "ick factor" as the overriding "public concern" in such definitions. For instance, I have seen it be told that some crops have human genes in them as if it were,
per se, a bad thing. I am not sure how common that belief is but certainly the notion of animal genes in crop plants seems to be very widely believed (the example of a tomato with fish DNA is often given) and is often cited as a cause for concern. None of this is true. While there is no rational reason,
per se, for putting special effort into avoiding the insertion of animal genetic sequences into a crop plant, big agrobiotech will not currently do it because they fear provoking an irrational "public concern", as you call it. But again, we need to set aside what is rational and what is not because, as you point out, all that matters is whether there is some "public concern" and whether the information that the concern is based on is correct and whether it can be scientifically supported is not important.
So if the "public concern" is really about the "ick factor", as I call it, what happens
when genetic engineering does not involve the integration of a foreign sequence? How do I know if there exists in the public enough concern about this kind of genetic engineering to meet your threshold for "public concern"?
It should not trigger an ick factor, since there are no foreign sequences inserted. But maybe I am wrong and it's not about the ick factor but about Monsanto hate? But wait, that can't be so because these people don't seem to care if it's Monsanto related (there are traits out there that are not created by Monsanto and they hate those too --heck, they even hate ringspot virus resistant papaya and Golden Rice!). Or maybe they hate Monsanto but they just don't know that there are other players out there. Or maybe it's half ick factor and half Monsanto hate.
I just don't know how to handle this. Maybe it is not hiding information if the modification involves expressing a foreign construct but is not made by Monsanto (ick factor alone is not enough to meet your "public concern" threshold) or if the modification is made by Monsanto but does not involve the expression of a foreign gene construct (Monsanto hate alone is not enough to meet your "public concern" threshold) and maybe it
is hiding information if it is a Monsanto trait involving the expression of a foreign gene. Which actually, could lead to the peculiar situation that, if a lot of the "public concern" is Monsanto hate driven, it might not count as hiding information and deceiving consumers if the trait in question is a Syngenta or Bayer trait?
It's all really confusing. I really don't know how to handle figuring out if not mentioning a particular thing about a food on the label is "hiding" information and being deceitful.
I think that this notion of yours that not mentioning one thing on a food label (out of thousands of possible things) constitutes deceptive hiding of information if there is "public concern" is not as straight forward as you seem to think it is.
* Thus, if it becomes a fad to be concerned about the presence or lack of midichlorians in our food it would be deceptive not to indicate that our hypothetical food product is midichlorian free and if I know that my hypothetical product contains thallium salts it is not deceptive to not mention it in the label if there's no "public concern" regarding the presence of thallium salts in foodstuffs (though I might have to reveal this for reasons other than ethical reasons such as pesky government regulations).