A federal appeals judge agreed with a lower court that the USDA's move to exempt highly refined refined foods from the 2016 rule was "arbitrary." The latest ruling will require the USDA to rewrite its National Bioengineered Food Disclosure Standard before 2028. Highly refined oils, which are predominantly used in ultraprocessed foods, have remained exempt from labeling requirements because these ingredients often do not have detectable levels of genetic modification following processing. Around 70% of all GMO food ingredients were exempted from disclosure requirements under the current rule, CFS said, vastly undercutting the impact of the label. A court ruled in 2025 the USDA "committed legal error" by exempting highly refined foods and that a QR code alone was "deficient."