Bananas: A Paradox in Precaution

David Giordano*

The Cavendish banana is among the world’s most popular fruits, but it is currently under threat by a deadly, global fungus, killing 100% of the Cavendish plants it encounters.  To preserve the beloved banana, markets may have to accept a genetically modified Cavendish.  The United States deploys a regulatory regime that will be more receptive to this, as it is focused on the final safety characteristics of any Genetically Modified Organism (GMO).  The European Union (EU), however, regulates GMOs based on which modification procedure is deployed.  At the heart of the EU GMO approach is the precautionary principle, a cautious, risk-mitigation ethic that operates to preserve the status quo in the vanguard of risky, uncertain activities before allowing them to proceed.  In practice, the EU GMO regime effectively bans many GMO crops that have been deemed safe under U.S. scrutiny.  This presents a clash when faced with the pending collapse of the non-GMO Cavendish.  Europe has, in a variety of policy and cultural theaters, sought to bolster the Cavendish.  So, Europe is positioned for a difficult choice when the preservationist instincts against GMOs are confronted with preservationist instincts towards the banana.  Europe can adopt a new GMO approach that is more faithful to the precautionary principle by regularly incorporating updates as GMO techniques are developed, or they can more closely mirror the U.S. approach and focus on final safety outcomes.  Otherwise, at least in Europe, the Cavendish may need to be abandoned.

Notes Editor, Columbia Journal of Transnational Law; J.D. Candidate, Columbia Law School, 2023.  I thank Professor Peter Lehner at Columbia Law School for his guidance in researching and writing this Note.  I further thank the staff and editors of the Columbia Journal of Transnational Law, with a special thanks to William Taub, Dana Ahdab, Jacob Pagano, Max Cherman, Josef Danczuk, Sam Chestna, and Alex Herkert for their support and feedback while guiding this Note to its completion.  Finally, I thank my family for their support in making this Note possible.