The biotech agriculture company, Syngenta, was hit with a recent lawsuit filed jointly by six independent Arkansas farmers alleging that they suffered significant damage and financial loss as a result of Syngenta allegedly refusing to wait for its new biotech traits implanted in genetically modified corn seed to be approved by corn exports partners, namely China.

The Syngenta GMO corn lawsuit claims that Syngenta developed two strains of corn seeds — Agrisure Viptera in 2009 and Agrisure Duracade in 2012 — without first getting the strains approved for exportation with the Chinese government. As a result, the corn market crashed when shipments to China were rejected, resulting in millions of dollars of lost profits and a steep reduction in the price per bushel of corn.

Farmers in this Syngenta lawsuit further allege that even though they did not purchase or harvest Viptera or Duracade corn, Syngenta has caused damage to their property through the contamination of the entire corn production process where Viptera or Duracade corn was cross-pollinated.

Syngenta Corn Seed Contamination

Genetically modifying seed corn is not a new development in American farming. Large seed manufacturers are constantly working to improve their strains of genetically modified crops to make hardier, pest-resistant plants with high yields.

However, genetically modified corn has attracted controversy in recent years as scientists and environmentalists have expressed concerns about the safety of genetically modified plants used for food, as well as the long-term environmental effects of these plants. As a result of these concerns, some countries are refusing to accept imports of genetically modified crops and foods.

Syngenta developed its two strains of seed corn to contain a genetically modified trait known as MIR162. This trait prevents the corn from being eaten by cutworms or ear worms.

However, Viptera and Duracade have the ability to cross-pollinate with other types of corn. This means that even though only three percent of available acreage in the United States was planted with Viptera, cross-pollination has contaminated nearly every American crop of corn. Between pollen being carried by wind and insects, and GMO corn being mixed with other seeds at grain elevators and processing plants, it is virtually impossible to certify that any American corn seed does not contain MIR162.

Syngenta GMO Corn Lawsuits

Viptera was approved for planting in the United States in 2010. The same year, Syngenta applied for approval of the MIR162 strain with the Chinese government. China is the third largest market for U.S. corn exports. China did not approve the importation of Viptera or Duracade until late 2014. Before the Chinese approved the strains of corn containing MIR162, it initially banned all shipments of corn containing that trait.

This Syngenta GMO corn lawsuit is asking for both compensatory and punitive damages for Syngenta’s alleged reckless and willful conduct in selling unapproved Viptera corn.

The Syngenta GMO Corn Lawsuit is Case No. 3:14-cv-01072-DRH-DGW, U.S. District Court for the Southern District of Illinois.