Agriculture biotech giant Syngenta Seeds is named as a defendant in a recently filed lawsuit alleging that they caused harm to U.S. farmers by negligently and prematurely selling the GMO corn seed known as Agrisure Viptera before it was approved by countries that import U.S. corn.

An Iowa farmer has filed a GMO corn lawsuit against Syngenta alleging he did not purchase Agrisure Viptera corn seed yet he suffered financial damage because of the cross-contamination or potential cross-contamination of his non-Viptera corn with the bioengineered corn. The Syngenta corn seed lawsuit alleges that cross-pollination occurs when Viptera corn pollen drifts to nearby non-Viptera fields. The farmer contends the cross-pollination contaminated his farm, storage facilities, transportation facilities and equipment with Syngenta’s Viptera.

The Syngenta corn lawsuit, filed by plaintiff T & S Farms, centers around Syngenta’s sale of a corn seed called Agrisure Viptera, which was genetically altered to contain a protein that kills corn-eating bugs such as earworms and cutworms. The U.S. Department of Agriculture approved the seed in 2010, and Syngenta first sold it to farmers in 2011. China, a growing importer of U.S. corn that refuses to buy genetically modified crops it hasn’t tested, had not approved Viptera when Syngenta began selling it. In November 2013, China discovered the Viptera corn trait in several U.S. shipments. It began rejecting U.S. corn imports in February 2014, which resulted in a financial loss for T & S Farms, according to the Syngneta corn lawsuit.

The Syngenta Corn Seed Issue

Corn exports are crucial for many Iowa farmers. The U.S. Agriculture Department had expected Chinese corn imports to grow from 3 million tons in 2012 to an estimated 24.3 million tons by 2023, which would account for 35 percent of the growth in global corn imports during that same time period. Trade organizations calculate that China’s rejection of U.S. corn cost farmers more than $1 billion through lower corn prices.

Syngenta submitted its bioengineered corn seed to China for approval in March 2010 but China did not approve the GMO corn until December 2014. Syngenta issued a statement on Dec. 22, 2014, that Chinese regulatory authorities gave approval for GMO corn seed shipments from the United States. According to Syngenta, China approved the importing of Agrisure Viptera corn grain and processing byproducts, such as dried distiller grains for food and feed use. Syngenta explained the Agrisure Viptera trait is important in controlling corn-eating insects.

Syngenta Corn Lawsuits

T & S Farms is not the only Iowa farm to file a GMO corn lawsuit against Syngenta. Over 16 Iowa farmers and businesses have similarly filed legal action against the company. Court records show all of the corn lawsuits have common questions regarding Syngenta’s marketing of its bioengineered Agrisure Viptera corn seed to China before China had approved the hybrid corn seed. The GMO lawsuits allege that China’s rejection of all U.S. corn shipments caused farmers, grain distributors and exporters to suffer economic damages and caused a drop in corn prices.

The Syngenta corn lawsuit is seeking compensatory, consequential, and punitive damages for Syngenta’s alleged reckless conduct in improperly handling and distribution of Viptera corn, and for the alleged harm resulting from Viptera contamination of the U.S. corn supply. The filed GMO corn lawsuit indicates a demand for a jury trial for this case.

The Syngenta Corn Lawsuit is Case No. 1:15-cv-023, in the U.S. District Court for the Southern District of Iowa, Western Division.