Monsanto GMO Wheat Class Action Lawsuits Settled

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The multidistrict litigation (MDL) accusing Monsanto Co. of using unapproved genetically modified wheat has been potentially resolved by a settlement deal reached last week.

In the summer of 2013, Monsanto Co., the world’s largest seed company, was hit with two class action lawsuits after unapproved genetically modified wheat was found in an eastern Oregon field. According to one of the plaintiffs, Monsanto tested genetically modified wheat that was resistant to herbicides between 1998 and 2005, but abandoned its efforts for regulatory approval and terminated the project after meeting resistance in the marketplace. The wheat in question was part of Monsanto’s “Round Up Ready” strain that was designed to resist herbicides, according the class action lawsuits.

According to those Monsanto class action lawsuits, and several that followed, the discovery of the genetically modified wheat negatively affected the international export 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 United States more closely. According to the class action lawsuits, many people and markets around the world reject genetically modified foods. The Monsanto class action lawsuits alleged that the alleged contamination of GMO wheat into farmers’ crops caused Northwest farmers to suffer financially from depressed wheat prices.

According to the class action lawsuits, no genetically-engineered wheat had ever been authorized for commercial sale or human consumption in the United States or anywhere. “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,” one of the Monsanto wheat class action lawsuits said. “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 class action lawsuits and several to follow were consolidated into multidistrict litigation (MDL) in the state of Kansas in the fall of 2013. The multidistrict litigation is being overseen by U.S. District Judge Kathryn H. Vratil in the District of Kansas. Monsanto’s settlement offer, proposed last week, will resolve seven of the lawsuits included in the MDL. According to settlement documents, Monsanto will pay $50,000 to the agricultural school at the land grant university in each of the settling farmers’ states, along with attorney fees and costs.

“Rather than paying the costs of protracted litigation, this agreement puts that money to work in research and development efforts for the wheat industry,” a representative from Monsanto said. “Resolution in this manner is reasonable and in the best interest of all of the parties,” he continued.

The settlement is limited to claims made by wheat farmers in Midwest and southern states including Kansas, Illinois,Texas and Louisiana in the MDL. Claims made by farmers in Arkansas are not covered by the class action settlement agreement and still proceed in litigation.

The settling plaintiffs are represented by Patrick Pendley of Pendley, Boudin & Coffin LLP. Monsanto is represented by Edward Duckers of Stoel Rives LLP.

The Monsanto GMO Wheat MDL is In re: Monsanto Co. Genetically-Engineered Wheat Litigation, MDL number2473, in the U.S. District Court for the District of Kansas.