Monsanto GMO Wheat Class Action Lawsuits Grouped in MDL

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On Wednesday, October 16, the U.S. Judicial Panel on Multidistrict Litigation consolidated several class action lawsuits filed against Monsanto Co. over the appearance of unapproved genetically engineered wheat. The multidistrict litigation (MDL) will be overseen by U.S. District Judge Kathryn H. Vratil in the District of Kansas.

The Monsanto GMO wheat MDL consists of five class action lawsuits pending in four district courts. It could potentially include an additional 11 related lawsuits that are currently pending in various courts. All of the lawsuits share similar factual questions related to Monsanto’s conduct with regard to the development and field testing of Roundup Ready wheat from 1998 through 1995. The MDL will also include a class action lawsuit filed after the alleged discovery of genetically engineered wheat on an Oregon farm in 2013.

While all of the parties supported centralizing the lawsuits in MDL, they disagreed about the appropriate venue. “Weighing all factors, we have selected the District of Kansas. One action on the motion and two potential tag-along actions are pending in this district, and five related actions are pending in nearby districts,” the panel said. Centralization of these lawsuits will prevent duplicative discovery, promote consistency and conserve the resources of the parties, their attorneys and the judicial system.

The panel decided to consolidate after Monsanto was hit with separate putative class action lawsuits in Washington over the alleged appearance of unapproved herbicide-resistant wheat on an Oregon farm, which they claim caused wheat farmers to suffer reduced wheat prices and caused a global wheat scare. The wheat scare began in April after an Oregon farmer discovered a strand of wheat on his land in a location in which he had not planted crops. When he discovered the wheat was resistant to herbicides, he sent it to a lab for testing. The lab determined that it was a strain of Monsanto’s genetically altered wheat.

The discovery of the genetically engineered wheat prompted some countries to cancel orders of soft white wheat from the U.S. and pushed the European Union to recommend its member states to screen U.S. grain imports more closely, the class action lawsuit said. Monsanto has insisted that the appearance of the genetically engineered wheat was an isolated incident and that only a small number of plants contained the modified genetic code.

According to the class action lawsuits, Monsanto field tested the genetically modified wheat in 16 states, including Oregon, between 1998 and 2005. However, the company abandoned the project after meeting market resistance. The sale of genetically engineered has not been approved anywhere in the world, including the United States.

The cases are Behrend, Behrend & Knittel Farms, et al. v. Monsanto Co., Case No. 4:13-cv-00250, in the U.S. District Court for the District of Idaho; Ernest Barnes v. Monsanto Co., Case No. 6:13-cv-01218, in the U.S. District Court for the District of Kansas; Rudolf Farm LLC v. Monsanto Co., Case No. 2:13-cv-00951, in the U.S. District Court for the District of Oregon; Dreger Enterprises, et al. v. Monsanto Co., Case No. 2:13-cv-00211, in the U.S. District Court for the Eastern District of Washington; and Center for Food Safety, et al. v. Monsanto Co., Case No. 2:13-cv-00213, in the U.S. District Court for the Eastern District of Washington.

The Monsanto Genetically Engineered Wheat MDL is In Re: Monsanto Co. Genetically-Engineered Wheat Litigation, MDL No. 2473, before the U.S. Judicial Panel on Multidistrict Litigation.