In a series of ongoing lawsuits, Syngenta is facing allegations from all parts of the corn industry who have suffered massive losses since the decline of corn prices in 2013.

This decline, according to several members of the corn industry, is a direct result of Syngenta selling a genetically modified (GMO) strain of corn called Agrisure Viptera MIR162. The Viptera strain was created to have an increased resistance to some insects which are known to be particularly harmful to corn crops.

Syngenta is fighting back against the allegations, arguing that the many Viptera lawsuits ignore established case law and mostly consist of diversions to take away the focus from the legal issue itself. Syngenta is attempting to have the multidistrict litigation (MDL) tossed.

Syngenta lawsuits

Thousands of farmers, corn distributors, and supply companies are suing Syngenta for damages allegedly incurred as a result of Syngenta’s premature release of the Viptera corn seed.

According to these plaintiffs, Syngenta’s release of the seed before China had officially approved the strain for import cost the U.S. corn market somewhere between $1 billion and $3 billion, affecting thousands across the U.S. China has since approved the Viptera MIR162 strain, but not before the corn market was severely impacted.

Syngenta claims that these parties are relying on generalities and irrelevant information in their lawsuits, with the aim of distracting from the unprecedented nature of their lawsuits.

The agricultural giant is calling the plaintiffs’ demands and accusations “radical theories” that show a “total lack of legal support.” Ultimately, Syngenta says, their product was not defective, and “American tort law does not recognize claims against the manufacturer of a safe, nondefective product for sale of a U.S.-approved product in the U.S.”

Syngenta has been fighting for the court to toss the suit since June. The company insists that, despite the corn industry’s major monetary setback in 2013, it simply was not Syngenta’s responsibility to protect the United States from China’s potential rejection of Viptera crops.

Syngenta further disclaims the plaintiffs’ allegations of false advertising. The company says any evidence of false advertising would require a convoluted chain of events, which the company claims is much too remote to be considered viable evidence in a court of law.

Similar cases, such as suits against Monsanto and other agricultural giants for loss of an export market, have ended in dismissal.

The litigation process will require Syngenta to identify how much of the corn price drop can be attributed to MIR162. Subsequent settlement money will, at the very least, return a portion of the lost corn price back to the impacted farmers.

If you have been negatively affected by Syngenta’s decision to prematurely release the Viptera MIR162 strain of corn, you may be able to join the multidistrict litigation.

The Syngenta GMO Corn Lawsuit is In Re Syngenta AG MIR 162 Corn Litigation, Case No. 2:14-md-02591, in the U.S. District Court for the District of Kansas.