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Syngenta’s genetically modified corn seeds were sold to Canadian farmers without first getting import approval from China, according to a recently authorized class action lawsuit.
The claims against the company were approved this month, giving plaintiff Darmar Farms Inc. the go-ahead to seek millions of dollars in damages on behalf of themselves and other Canadian farmers.
Corn is a staple around the world, with North America producing and exporting the largest amount. Canada reportedly contributes to this with their farmers dedicating millions of acres of land to corn.
However, the recently authorized Syngenta class action claims that Canadian farmers may have been duped into purchasing and using Syngenta Agrisure corn seeds despite these products not being approved.
“Due to the interdependence and connectedness of the modern North American agriculture industry, and because of the peculiarities with which genetically modified seeds inevitably comingle […], there exists a shares responsibility amongst industry participants, including Syngenta, to exercise reasonable care in the commercialization […] of new biotechnology products,” the Syngenta class action lawsuit claims.
Syngenta allegedly failed in this responsibility by selling Agrisure Viptera corn seeds. These genetically modified seeds reportedly contain a genetic trait which allows them to be resistant to certain types of pests.
Although the U.S. Department of Agriculture and Canadian Food Inspection Agency approved these seeds for use, Chinese regulators allegedly had not approved the seeds by 2010. Because China had not approved the strain of corn, the country reportedly began to reject corn shipments from North America in late 2013 causing serious economic harm to the Canadian and U.S. corn industry.
Due to these effects, industry participants reportedly requested that Syngenta hold off on further commercializing of any new products. Despite these requests, Syngenta allegedly continued to sell their Agrisure Viptera seeds and even launched Agrisure Duracade for the 2014 crop year.
The Canadian Syngenta class action claims that the company knowingly prolonged the “subsequent and foreseeable economic harm already inflected.”
The Syngenta class action lawsuit claims that Canadian farmers were harmed by these actions and that Syngenta knew that their products would have far reaching economic consequences. Instead of proactively seeking approval from China before commercialization, the company allegedly chose to deceive farmers into believing that their seeds were okay to use.
U.S. farmers brought similar Syngenta class action claims, arguing that the company caused significant economic harm with their unapproved corn seeds. The company agreed to a $1.51 billion settlement in 2018 to resolve the claims against them. Following an appeal in December 2018, the settlement is still pending.
Are you a Canadian farmer who used Syngenta seeds which were distributed without being approved? Let us know in the comment section below.
Plaintiffs and the proposed Class are represented by Michael J. Peerless and Matthew D. Baer of McKenzie Lake Lawyers LLP.
The Canada Syngenta Corn Class Action Lawsuit is Darmar Farms Inc. v. Syngenta Canada Inc., et al., Case No. 2613-15, in the Ontario Superior Court, Canada.
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