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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 1 of 76
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`JEFFREY BOSSERT CLARK
`Acting Assistant Attorney General
`
`ERIC WOMACK
`Assistant Branch Director
`
`KRISTINA A. WOLFE
`Senior Trial Counsel, VA Bar No. 71570
`COURTNEY D. ENLOW
`Trial Attorney, NC Bar No. 46578
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Telephone: (202) 353-4519
`Email: kristina.wolfe@usdoj.gov
`
`Counsel for Defendants
`
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`
`NATURAL GROCERS, et al.,
`Plaintiffs,
`
`v.
`
`
`SONNY PERDUE, in his official
`capacity as Secretary of the Department of
`Agriculture, et al.,
`
`Defendants.
`
`
`
`
`CASE NO. 3:20-CV-05151-JD
`DEFENDANTS’ ANSWER TO
`PLAINTIFFS’ FIRST AMENDED
`COMPLAINT FOR
`DECLARATORY AND
`EQUITABLE RELIEF
`
` Defendants—collectively, Sonny Perdue, Secretary of the U.S. Department
`of Agriculture; Bruce Summers, Administrator of the Agricultural Marketing Service
`(“AMS”); and United States Department of Agriculture (“USDA”)—hereby answer
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 1
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 2 of 76
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`Plaintiffs’ First Amended Complaint for Declaratory and Equitable Relief (“First
`Amended Complaint”).
`At the outset, Defendants object to Plaintiffs’ First Amended Complaint for
`failing to set forth a short and plain statement of the claims showing that Plaintiffs are
`entitled to relief, as required by Rule 8(a)(2) of the Federal Rules of Civil Procedure.
`Plaintiffs have set forth 401 paragraphs spanning 114 pages, which, to a large extent,
`do not contain allegations of fact. Rather, they set forth legal argument and rhetoric
`unnecessary and inappropriate for a complaint. Accordingly, Defendants are unable
`to admit or deny paragraphs containing such argument and rhetoric. To the extent the
`Court requires a response to such argument and rhetoric, Defendants respectfully
`reserve the right to amend this Answer.
`In addition, Plaintiffs used headings throughout their First Amended
`Complaint. Defendants frequently used those same headings in the Answer for ease
`of reference. Defendants’ use of Plaintiffs’ headings should not be interpreted as an
`admission of or agreement with any language in Plaintiffs’ headings.
`Subject to the foregoing, in response to the numbered paragraphs of the First
`Amended Complaint, Defendants respond as follows, using the same paragraph
`numbering as does the First Amended Complaint:
`1.
`This paragraph contains Plaintiffs’ characterization of this lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`2.
`The first sentence in this paragraph contains Plaintiffs’ characterization
`of the topic of genetically engineered organisms, to which no response is required. To
`the extent a response is deemed necessary, Defendants deny the allegations in the first
`sentence of this paragraph. Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations in the second sentence of this
`paragraph. Defendants admit that in 2016, Congress amended the Agricultural
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 2
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 3 of 76
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`Marketing Act of 1946 to establish the National Bioengineered Food Disclosure
`Standard (collectively, “the Statute”) and otherwise deny the remaining allegations in
`this paragraph.
`3.
`Defendants deny the first sentence of this paragraph and aver that
`USDA issued the implementing regulations on December 21, 2018. See Final Rule, 83
`Fed. Reg. 65,814 (Dec. 21, 2018) (hereinafter, “Final Rule”). Defendants deny the
`remaining allegations in this paragraph.
`4.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`5.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`6.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`7.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`8.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`9.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 3
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 4 of 76
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`JURISDICTION AND VENUE
`10. This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`11. This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`12.
` This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`13. This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`14. This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`
`THE PARTIES
`
`Plaintiffs
`15. The first and second sentences of this paragraph consist of Plaintiffs’
`characterization of themselves and their work about which Defendants lack
`knowledge or information sufficient to form a belief as to the truth of the allegations.
`The third sentence of this paragraph contains Plaintiffs’ characterization of their
`lawsuit, to which no response is required. To the extent a response is deemed
`necessary, Defendants deny the allegations in the third sentence of this paragraph.
`16. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`17. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 4
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 5 of 76
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`18. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`19. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`20. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`21. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`22. The first and fourth sentences of this paragraph consist of Plaintiffs’
`characterization of themselves and their work about which Defendants lack
`knowledge or information sufficient to form a belief as to the truth of the allegations.
`The second and third sentences of this paragraph consist of Plaintiffs’ characterization
`of an unidentified Connecticut law, to which no response is required. To the extent a
`response is deemed necessary, Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`23. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`24. This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`25. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 5
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 6 of 76
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`form a belief as to the truth of the allegations. This paragraph also contains Plaintiffs’
`characterization of California Proposition 37, to which no response is required.
`Defendants respectfully refer the Court to California Proposition 37 for a complete
`and accurate statement of its contents.
`26. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`27. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`28. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`29. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`30. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`31. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`32. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 6
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 7 of 76
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`33. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`34. The first sentence of this paragraph consists of Plaintiffs’
`characterizations of themselves and their work about which Defendants lack
`knowledge or information sufficient to form a belief as to the truth of the allegations.
`As for the second sentence of this paragraph, Defendants admit that in 2018, Plaintiff
`National Organic Coalition submitted a public comment on the Notice of Proposed
`Rulemaking, 83 Fed. Reg. 19,860 (May 4, 2018) (hereinafter, “Proposed Rule”). The
`remainder of the second sentence of this paragraph contains Plaintiffs’
`characterization of the comment Plaintiff National Organic Coalition submitted to
`USDA in response to the proposed rule, to which no response is required.
`Defendants respectfully refer the Court to Plaintiff National Organic Coalition’s
`comment for a complete and accurate statement of its contents. The third sentence of
`this paragraph consists of Plaintiffs’ characterization of the opinions and actions of
`Plaintiff National Organic Coalition’s unnamed member organizations about which
`Defendants lack knowledge or information sufficient to form a belief as to the truth of
`the allegations.
`Defendants
`35. Defendants admit that Sonny Perdue is Secretary of the USDA. The
`remainder of the paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required.
`36. Defendants admit that Bruce Summers is Administrator of the AMS
`and admit that AMS is an agency of the USDA. The remainder of the paragraph
`contains Plaintiffs’ characterization of their lawsuit and legal conclusions, to which no
`response is required.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 7
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 8 of 76
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`37. Defendants admit that USDA is a federal agency of the United States
`and aver that Congress directed the Secretary to establish a national mandatory
`bioengineered food disclosure standard. The remainder of the paragraph contains
`Plaintiffs’ characterization of their lawsuit and legal conclusions, to which no response
`is required.
`
`LEGAL AUTHORITY
`38. Defendants admit that the quoted language is from the First
`Amendment to the U.S. Constitution. Defendants respectfully refer the Court to the
`U.S. Constitution for a complete and accurate statement of its contents.
`39. Defendants admit the quoted language is from the Tenth Amendment
`to the U.S. Constitution. Defendants respectfully refer the Court to the U.S.
`Constitution for a complete and accurate statement of its contents.
`40. Defendants admit the quoted language is from the Fifth Amendment
`to the U.S. Constitution. Defendants respectfully refer the Court to the U.S.
`Constitution for a complete and accurate statement of its contents.
`41. Defendants admit that the quoted language is from the cited provision
`in the Administrative Procedure Act (“APA”). Defendants respectfully refer the
`Court to the APA for a complete and accurate statement of its contents.
`42. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the APA, to which no response is required. Defendants
`respectfully refer the Court to the APA for a complete and accurate statement of its
`contents.
`43. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the APA, to which no response is required. Defendants
`respectfully refer the Court to the APA for a complete and accurate statement of its
`contents.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 8
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 9 of 76
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`44. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about a Supreme Court case, Motor Vehicles Manufacturers Association of the
`United States v. State Farm Mutual Automobile Insurance Company, 463 U.S. 29 (1983), to
`which no response is required. Defendants respectfully refer the Court to the cited
`case for a complete and accurate statement of its contents.
`45. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`46. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`47. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`48. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`49. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`50. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 9
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 10 of 76
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`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`51. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`52. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`53. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`54. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`55. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`56. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 10
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 11 of 76
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`57. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`58. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
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`GENERAL FACTUAL BACKGROUND
`59. This paragraph contains Plaintiffs’ characterization of two articles by
`Plaintiff Center for Food Safety, to which no response is required. Defendants
`respectfully refer the Court to the two cited articles for a complete and accurate
`statement of their contents.
`60. This paragraph contains Plaintiffs’ characterization of an article and the
`Food and Drug Administration’s (“FDA”) activities, to which no response is required.
`Defendants respectfully refer the Court to the cited article and FDA webpage for a
`complete and accurate statement of their contents.
`61. This paragraph contains Plaintiffs’ characterization of eight articles, to
`which no response is required. Defendants respectfully refer the Court to the cited
`articles for a complete and accurate statement of their contents.
`62. The first sentence of this paragraph contains Plaintiffs’ characterization
`of two articles, to which no response is required. Defendants respectfully refer the
`Court to the cited articles for a complete and accurate statement of their contents.
`The second sentence of this paragraph contains Plaintiffs’ characterization of “long-
`term or epidemiological studies.” Due to the vagueness of the allegations in the
`second sentence of this paragraph, Defendants lack sufficient information to form a
`belief as to the truth of the allegations in the second sentence of this paragraph.
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 11
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 12 of 76
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`Defendants deny the allegations in the third sentence of this paragraph. The fourth
`sentence of this paragraph contains Plaintiffs’ characterization of an article from the
`New England Journal of Medicine, to which no response is required. Defendants
`respectfully refer the Court to the cited article for a complete and accurate statement
`of its contents. The fifth sentence of this paragraph contains unnamed consumers’
`actions. Due to the vagueness of the allegations in the fifth sentence of this
`paragraph, Defendants lack sufficient information to form a belief as to the truth of
`the allegations in the fifth sentence of this paragraph.
`63. The first sentence of this paragraph contains Plaintiffs’ characterization
`of unnamed consumers’ desires. Due to the vagueness of the allegations in the first
`sentence of this paragraph, Defendants lack sufficient information to form a belief as
`to the truth of these allegations. The second sentence of this paragraph contains
`Plaintiffs’ characterization of unspecified “risks” of “GE crops” and “adverse
`environmental impacts.” Due to the vagueness of the allegations in the second
`sentence of this paragraph, Defendants lack sufficient information to form a belief as
`to the truth of the allegations in the second sentence of this paragraph. As to the third
`sentence of this paragraph, Defendants admit that private companies such as
`Monsanto, which was acquired by Bayer, Syngenta Group, and Corteva, engineer
`certain GE crops. The remainder of the third sentence of this paragraph contains
`Plaintiffs’ characterization of the activities of the private companies Monsanto,
`Syngenta Group, and Corteva, to which no response is required. To the extent a
`response is deemed necessary, Defendants lack sufficient information to form a belief
`as to the truth of the allegations in the third sentence of this paragraph.
`64. The first sentence of this paragraph contains Plaintiffs’ unsourced
`characterization of the “dramatic[] increase[] [of] the overall pesticide output” by
`unnamed “GE crops,” to which no response is required. To the extent a response is
`deemed necessary, Defendants lack sufficient information to form a belief as to the
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 12
`
`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
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`

`

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`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 13 of 76
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`truth of the allegations in the first sentence of this paragraph due to the vagueness of
`the allegations. As to the second sentence, Defendants admit that certain crops
`developed by the private company Monsanto are resistant to the herbicide glyphosate
`and that, according to an article dated July 30, 2015, “[g]lyphosate, also known by the
`trade name Roundup, is the most widely used herbicide in the United States.”1 The
`remainder of the allegations in the second sentence of this paragraph consist of
`Plaintiffs’ characterizations of three articles, to which no response is required.
`Defendants respectfully refer the Court to the cited articles for a complete and
`accurate statement of their contents. The allegations in the third, fourth, fifth, and
`sixth sentences in this paragraph contain Plaintiffs’ characterization of several articles,
`to which no response is required. Defendants respectfully refer the Court to the cited
`articles for a complete and accurate statement of their contents. The seventh sentence
`of this paragraph contains Plaintiffs’ characterization of the “environmental impacts of
`GE crops,” to which no response is required. To the extent a response is deemed
`necessary, Defendants lack sufficient information to form a belief as to the truth of
`the allegations in the seventh sentence of this paragraph due to the vagueness of the
`allegations, including the unspecified use of the term “environmental impacts of GE
`crops.” The eighth sentence of this paragraph contains Plaintiffs’ characterization of
`unnamed consumers’ desires. Due to the vagueness of the allegations in the eighth
`sentence of this paragraph, Defendants lack sufficient information to form a belief as
`to the truth of these allegations.
`65. The first sentence of this paragraph contains Plaintiffs’ argument
`concerning the connection between “protection of the environment and the
`protection of public health,” to which no response is required. To the extent a
`response is deemed necessary, Defendants lack sufficient information to form a belief
`
`1 See https://www.ers.usda.gov/data-products/charts-of-note/charts-of-
`note/?topicId=14869#:~:text=Glyphosate%E2%80%94known%20by%20many%20trade,weeds
`%20but%20not%20the%20crops.
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
`FOR DECLARATORY AND EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 13
`
`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
`
`
`
`

`

`
`
`
`
`Case 3:20-cv-05151-JD Document 25 Filed 11/16/20 Page 14 of 76
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`as to the truth of the allegations in the first sentence of this paragraph due to the
`vagueness of the allegations. The second sentence of this paragraph contains
`Plaintiffs’ characterization of a monograph published by the World Health
`Organization, to which no response is required. Defendants respectfully refer the
`Court to the cited monograph for a complete and accurate statement of its contents..
`The third sentence of this paragraph contains Plaintiffs’ characterization of unnamed
`lawsuits brought against the private company Monsanto, to which no response is
`required. To the extent a response is deemed necessary, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in the third and fourth
`sentences of this paragraph. The fourth sentence of this paragraph contains Plaintiffs’
`characterization of an article from Reuters, to which no response is required.
`Defendants respectfully refer the Court to the cited article for a complete and accurate
`statement of its contents. The fifth sentence of this paragraph contains Plaintiffs’
`characterization of unidentified studies, to which no response is required. To the
`extent a response is deemed necessary, Defendants lack sufficient information to form
`a belief as to the truth of the allegations in the fifth sentence of this paragraph.
`66. The first sentence of this paragraph contains Plaintiffs’ characterization
`of two articles discussing “U.S. farmers,” and “market losses,” to which no response is
`required. Defendants respectfully refer the Court the cited articles for a complete and
`accurate statement of their contents. The second and third sentences of this
`paragraph contain Plaintiffs’ characterization of articles from Farm Futures and
`Reuters, to which no response is required. Defendants respectfully refer the Court to
`the cited articles for a complete and accurate statement of their contents. The fourth
`sentence of this paragraph contains Plaintiffs’ characterization of “foreign markets”
`and unidentified “buyers.” Due to the vagueness of the allegations