Washington justices uphold $18M fine in GMO-labeling case

FILE - Washington Attorney General Bob Ferguson talks to reporters, Monday, Aug. 26, 2019, during a news conference in Seattle. In a 5-4 decision Thursday, Jan. 20, 2022, the Washington Supreme Court upheld an $18 million campaign finance penalty against the Consumer Brands Association, formerly known as the Grocery Manufacturers Association. Ferguson sued the group in 2013, alleging that it spent $11 million to oppose a ballot initiative without registering as a political committee or disclosing the source of the money. (AP Photo/Ted S. Warren)

The Washington Supreme Court has narrowly upheld an $18 million fine levied against an association of large food brands that funneled dark money into a state political campaign.

The 5-4 decision Thursday found that the penalty against the Grocery Manufacturers Association — now known as the Consumer Brands Association — did not violate the U.S. Constitution’s ban on excessive fines. The association said it would petition the U.S. Supreme Court to review the case.

The group, which included companies like Coca-Cola and Nestle, in 2013 collected $14 million from its members. It then contributed $11 million of that to help defeat a Washington state ballot initiative that would have required labeling of genetically engineered ingredients on food packaging.

The association failed to register as a political committee in the state, did not disclose which companies contributed the campaign money and filed no campaign-finance reports until after Attorney General Bob Ferguson sued.

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