Two Kentucky residents who rely on corn production and sales to make their living recently filed a Syngenta lawsuit against the manufacturer of a popular genetically modified corn. Syngenta Crop Production created a genetically modified corn, Viptera, that China refused to import. This Syngenta GMO corn issue has had a serious negative effect on many corn growers across the country, including the plaintiffs of this Syngenta lawsuit.

Plaintiffs Daryl B. and Judella B. filed the Syngenta lawsuit individually but shared various claims and circumstances, resulting in one joint lawsuit. For example, both work in the Kentucky corn market, whether it is planting, growing, harvesting, distributing, or selling of the corn product, according to the Syngenta lawsuit.

The plaintiffs jointly allege, “Syngenta’s release of Viptera corn into the U.S. corn and corn seed supply … destroyed the export market of U.S. corn to China and other countries and depressed prices for all domestic corn.” The Syngenta lawsuit also claims that Syngenta failed to be honest with those involved in the American corn market and hid the lack of China Viptera approval from farmers. These alleged actions have caused and will allegedly continue to cause serious problems in corn exports to China, one of the largest importers of American corn.

Viptera Corn: MIR162

Viptera corn, otherwise known as MIR162, was released into the agricultural market in 2009. Genetically modified corn is supposed to protect corn from bugs and insects, specifically the corn earworm, fall armyworm, black cutworm, and western bean cutworm. Viptera was supposed to do this through a Vip3A protein which helps control insects.

In 2010, Syngenta attempted to receive China Viptera approval, but none was granted by the Chinese government. In fact, “China stopped importing U.S. corn when it detect[ed] traces of MIR162 in U.S. corn shipments. China eventually banned ALL imports of U.S. corn, and countries joined in China’s complete ban of all U.S. corn,” according to the Syngenta lawsuit.

China finally approved Viptera on Dec. 15, 2014, but not before American farmers experienced an enormous financial setback because of Syngenta’s alleged oversight. 

Syngenta allegedly told farmers, grain elevators, exporters, and everyone involved in the process that “regulatory approval of MIR162 corn from China was imminent and that the lack of Chinese approval would not impact the corn market prices,” according to the Syngenta lawsuit. This was not true, based on the various Syngenta lawsuits and subsequent news reports on the Chinese restriction on American corn products because of the Viptera GMO Corn. 

U.S. corn exports to China have decreased roughly 85 percent because of Viptera, which Syngenta told farmers to “plant with confidence” according to the Syngenta lawsuit.

Syngenta Class Action Lawsuits

Many individuals have filed Syngenta lawsuits or have joined a Syngenta class action lawsuit after experiencing serious economic loss due to the company’s alleged actions.

Complaints in this Syngenta lawsuit include counts of public nuisance, trespass to chattels, negligence, tortious interference with prospective business relationships, and violation of the Lanham Act.

This Syngenta Lawsuit is Case No. 4:15-cv-13, in the U.S. District Court for the Western District of Kentucky, Owenboro Division.