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Monsanto Hit with Class Action Lawsuits Over Genetically Altered Wheat Scare
By Sarah Pierce
Monsanto Co., the world’s largest seed company, was hit with two class action lawsuits yesterday and today after unapproved genetically modified wheat was found in an eastern Oregon field last week.
The discovery had an immediate chilling effect on international exports of soft white wheat from America after some Asian nations canceled orders and the European Union advised member states to screen grain imports from the U.S. more closely. This caused Northwest farmers to suffer diminished wheat prices, the class action lawsuits say.
“We farmers cannot stand idly by while companies like Monsanto destroy our export markets and our economy,” said Tom Stahl, one of the plaintiffs in the class action lawsuit filed yesterday.
Washington, Oregon and Idaho produce over 80 percent of total U.S. soft white wheat, which is primarily exported to Japan, South Korea, Taiwan and other nations, where it is used to make noodles and crackers. Today, approximately 85 to 90 percent of the Pacific Northwest’s soft white wheat crop is exported to these countries, according to yesterday’s class action lawsuit filed by the Center for Food Safety.
The food safety advocate, suing on behalf of Washington-based Clarmar Farms Inc., said on Thursday that Monsanto’s negligence has directly harmed Northwest Farmers by producing a global wheat scare that chilled exports and depressed prices.
The genetically modified wheat has been identified as Monsanto’s “Roundup Ready” wheat, which was constructed to be resistant to herbicide. Monsanto never disclosed where its field tests were conducted and the project was dropped over concerns the wheat could endanger wheat exports. Many people around the world reject genetically engineered products.
No Roundup Ready wheat, or any other genetically-engineered wheat, has been authorized for commercial sale or human consumption in the United States or anywhere, the Center for Food Safety says in the class action lawsuit.
“Due to Monsanto’s wrongful conduct, soft white wheat destined for export markets for use in food products has been rejected for the purposes for which it was intended,” the Monsanto wheat class action lawsuit says. “Because scheduled shipments already have been postponed and canceled, the presence of genetically engineered wheat has detrimentally impacted the domestic and global wheat markets and damaged plaintiffs and other wheat farmers.”
The second class action lawsuit, filed today by a group of Washington State farmers, says Monsanto not only failed to take the steps necessary to prevent genetically altered wheat from contaminating regular wheat, but also knew that such cross-pollination was unavoidable.
Monsanto issued a statement Wednesday that the emergence of the genetically modified strain was an isolated occurrence and blamed it on an accident or a deliberate mixing of seeds, saying the company is looking into “sabotage” as a possible explanation.
Kyle McClain, Monsanto chief litigation counsel, said the company’s process for closing out its wheat development program was government directed, rigorous and well-documented.
“Given the care undertaken, no legal liability exists and the company will present a vigorous defense,” he said in a statement.
The cases are Center for Food Safety, et al. v. Monsanto Co., Case No. 13-cv-00213 and Dreger Enterprises, et al. v. Monsanto Co., Case No. 13-cv-00211, both in the U.S. District Court for the Eastern District of Washington.
UPDATE: A federal judicial panel consolidated this class action lawsuit and four other cases into multidistrict litigation on October 16, 2013. The Monsanto GMO Wheat MDL is known as In Re: Monsanto Co. Genetically-Engineered Wheat Litigation, MDL No. 2473, before the U.S. Judicial Panel on Multidistrict Litigation.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
