Monsanto Class Action Says Xtend Seeds Damage Farmers’ Property

Monsanto faces a class action lawsuit alleging that their Xtend seed system was released prematurely and marketed irresponsibly, leading to the widespread death of crops around the country.

Plaintiff Robbie Wyum recently filed the class action lawsuit against Monsanto Company claiming that their genetically modified, herbicide resistant Xtend seed system was released prematurely without a corollary herbicide.

The use of traditional herbicides on these plants allegedly led to the destruction of non-resistant crops around the country.

Monsanto developed their Xtend seed system with the goal of creating seeds that would withstand traditional herbicides such as glyphosate, commonly known as Roundup, and dicamba. The seeds are reportedly genetically modified to withstand these harsh herbicides.

When Monsanto released Xtend, the seed system’s corollary herbicide, a new version of dicamba, was not yet available or approved by the EPA. Instead of waiting for their herbicide, Monsanto allegedly released the incomplete system and encouraged the use of traditional herbicides.

Because a corollary herbicide was not yet available, and many harmful weeds are resistant to glyphosate, many farmers reportedly used dicamba on their crops.

To be effective as an herbicide on Xtend soybean crops, dicamba reportedly needs to be applied in high concentrations, multiple times during the growing season.

Wyum argues that before Monsanto allegedly encouraged the use of dicamba on Xtend seeds, the only permissible use of the herbicide was prior to planting and post harvest.

Allegedly, dicamba is a highly volatile herbicide that is prone to drift. After application, dicamba can reportedly drift for miles beyond the application site, causing widespread damage. Dicamba specifically targets broadleaf plants and can damage vegetable crops such as potatoes, tomatoes, beans, peas, and squash.

Due to Monsanto allegedly encouraging the use of dicamba, millions of acres of crops were damaged. Wyum argues that if Monsanto had waited for EPA approval on their corollary herbicide, crops would not have been damaged as severely.

Instead, the company put profits first and encouraged the use of dicamba on their Xtend seeds, despite knowing that non-resistant seeds would suffer the consequences, the Roundup class action claims.

“The destruction to soybean crops caused by Monsanto in 2017 alone exceeded 3.6 million acres, a number which experts believe is significantly underreported,” the Xtend class action states. “The individuals in this class action now ask that Monsanto be held accountable for its conduct that harmed them personally, contaminated the environment, and enriched the company at the expense of farmers throughout the United States.”

Wyum seeks to represent a Class of farmers and landowners who raise non-dicamba-tolerant crops and suffered damage to their crops due to Monsanto’s conduct. The plaintiff also seek to represent a subclass of the same individuals living in North Dakota.

The Xtend class action seeks compensatory damages, punitive damages, actual damages, statutory damages, injunctive relief, court costs, and attorneys’ fees.

Plaintiffs are represented by Ross Nilson of Brudvik Law Office PC and Charles S. Zimmerman, Alyssa J. Leary, and Hart L. Robinovitch of Zimmerman Reed LLP.

The Monsanto Xtend Seed Class Action Lawsuit is Wyum v. Monsanto Company, Case No. 3:18-cv-00143-DLH-ARS, in the U.S. District Court for the District of North Dakota, Eastern Division.