Summary : In summary, the Federal Food, Drug and Cosmetics Act (FFDCA) works within the constitutional framework to address the so-called "consumer's right to know" or, more accurately, right to be informed of significant or material facts about their foods. This right is addressed through a corresponding duty for food marketers to label foods in a truthful, nonmisleading manner, including the disclosure of fundamental desctriptive information about the food. The coressponding right to be informed and duty to disclose concerns all material facts regarding the food product, such as the fact that a food has been irradiated (because of FDA's conclusion that there are organoleptic changes in food treated by irradiation). However, not all facts are material. As the Vermont rBST labeling litigation demonstrates, a fact that does not render a food significantly different from its conventional counterpart is not material and therefore is insufficient to give rise to informational rights and duties. Nonetheless, there may be extensive consumer interest in such information. As the organic foods experiments, demonstrates, when marketplace interest is sufficient, consumer information desires are served by the establishments. These voluntary programs and labeling provisions have been used to achieve advantage in a competitive marketplace. Thus, the food labeling regulatory regime provides a graduated series of requirements to address consumer information rights and desires in a truthful, nonmisleading manner.