The biotech seed company Syngenta is accused in a recently filed class action lawsuit of fraudulently misrepresenting the approval status of Viptera corn.

Lead plaintiff Hughes Farm of Kentucky, and other plaintiffs, filed the GMO corn seed class action lawsuit against Syngenta, alleging economic damages from the cross-contamination or potential cross-contamination of their corn with Syngenta’s bioengineered corn Viptera.

The corn seed class action lawsuit contends that cross-pollination occurs when Viptera corn pollen drifts to nearby non-Viptera fields. The plaintiff contends the cross-pollination contaminated his farm, facilities, and equipment with Syngenta’s Viptera.

The Syngenta corn lawsuit filed by Hughes Farms further accuses Syngenta of destroying the export of U.S. corn to China and “causing depressed prices for all domestic corn producers, rendering Hughes Farms and Class Members unable to sell their [non GMO] corn to grain elevators and supply companies at the price they reasonably expected to receive.”

Development of Viptera Corn Seed

Syngenta developed MIR162, a genetically modified corn seed, in 2009. It was marketed under the brands Viptera and Duracade. The seed is resistant to corn pests, including corn borers, black cutworm, and corn rootworm.

In November 2013, China banned imports of genetically modified corn seed. Only 3 percent of corn acres in the United States were planted with GMO seeds initially. However, nearly all of the country’s corn supply was contaminated with trace amounts of Viptera due to:

• Cross-pollination on adjacent fields. Corn seed lawsuits claim Syngenta encouraged farmers to plant GMO corn seed side-by-side with other corn products.
• Cross-contamination during storage and shipment. Nearly all corn is stored on shared grain elevators and transported on trucks, trains, and shipping containers. China rejected nearly 1.45 million metric tons of American corn seed after finding trace amounts of Viptera.

Because China is the third-largest customer of corn exports, the price plummeted. Farmers have allegedly lost over $1 billion since 2013.

Syngenta Corn Lawsuits

Over 1,500 farmers across the country have filed similar lawsuits against the company. Court records show all of the corn lawsuits accuse Syngenta of misleading U.S. farmers about the China Viptera approval before China had approved the hybrid corn seed.

The GMO corn lawsuits further 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 export prices.

The Hughes Farm Syngenta corn class action lawsuit is seeking compensatory damages as well as injunctive relief for Syngenta’s alleged detrimental interference with the prospective business relationships with U.S. farmers and corn seed exports by releasing Viptera corn into the U.S. market.

The Syngenta Corn Class Action Lawsuit is Case No. 5:15-cv-55-TBR, U.S. District Court for the Western District of Kentucky.