On July 25, 2018, the Court of Justice of the European Union ruled that organisms obtained by mutagenesis—“a set of techniques which make it possible to alter the genome of a living species without the insertion of foreign DNA”—are to be considered genetically modified organisms (GMOs) and are subject to the EU GMO Directive. However, organisms obtained by mutagenesis that have a long safety record in a number of applications are exempt, though member states may individually subject them to obligations within the Directive or otherwise, as long as they are in compliance with EU law. As noted in the press release, the case originated with a challenge from a French agricultural union contesting French legislation that exempted organisms obtained by mutagenesis from GMO obligations. The Court held that mutagenesis techniques alter the genetic material of an organism in a way that does not occur naturally, and so they come within the scope of the GMO Directive. The Court also held that while the Directive does not apply to organisms obtained by means of conventionally used mutagenesis techniques that have long been used safely, the Court sought to uphold the precautionary principle promoted by the Directive and avoid adverse effects on human health and the environment, and so found that “the GMO Directive is also applicable to organisms obtained by mutagenesis techniques that have emerged since its adoption.”