AUTHOR: Center for Food Safety (Washington DC)
PUBLICATION: Press release
DATE: 13 January 2005
URL: http://www.centerforfoodsafety.org/press_release1.13.05.cfm
NOTE: The 84-page report, "Monsanto vs US farmers", is available here:
http://www.centerforfoodsafety.org/Monsantovsusfarmersreport.cfm
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Monsanto Assault on U.S. Farmers Detailed in New Report
January 13, 2005
First-of-its-Kind Analysis Reveals Thousands of Monsanto
Investigations, Nearly 100 Lawsuits and Numerous Bankruptcies
Toll-Free Hotline Established for Farmers Facing Lawsuits or Threats
from Monsanto to Get Guidance and Referrals
WASHINGTON - The Center for Food Safety released today an extensive
review of Monsanto's use and abuse of U.S. patent law to control the
usage of staple crop seeds by U.S. farmers. The Center (CFS) launched
its investigation to determine the extent to which American farmers
have been impacted by litigation arising from the use of patented
genetically engineered crops. Monsanto vs. U.S. Farmers details the
results of this research, discusses the ramifications for the future
of farming in the U.S. and outlines policy options for ending the
persecution of America's farmers.
"These lawsuits and settlements are nothing less than corporate
extortion of American farmers," said Andrew Kimbrell executive
Director of CFS. "Monsanto is polluting American farms with its
genetically engineered crops, not properly informing farmers about
these altered seeds, and then profiting from its own irresponsibility
and negligence by suing innocent farmers. We are committed to
stopping this corporate persecution of our farmers in its tracks."
The report finds that, in general, Monsanto's efforts to prosecute
farmers can be divided into three stages: investigations of farmers;
out-of-court settlements; and litigation against farmers Monsanto
believes are in breach of contract or engaged in patent infringement.
CFS notes in the report that, to date, Monsanto has filed 90 lawsuits
against American farmers in 25 states that involve 147 farmers and 39
small businesses or farm companies. Monsanto has set aside an annual
budget of $10 million dollars and a staff of 75 devoted solely to
investigating and prosecuting farmers.
"Monsanto would like nothing more than to be the sole source for
staple crop seeds in this country and around the world," said Joseph
Mendelson, CFS legal director. "And it will aggressively overturn
centuries-old farming practices and drive its own clients out of
business through lawsuits to achieve this goal."
The largest recorded judgment CFS has found thus far in favor of
Monsanto as a result of a farmer lawsuit is $3,052,800.00. Total
recorded judgments granted to Monsanto for lawsuits amount to
$15,253,602.82. Farmers have paid a mean of $412,259.54 for cases
with recorded judgments. Many farmers have to pay additional court
and attorney fees and are sometimes even forced to pay the costs
Monsanto incurs while investigating them.
"Monsanto is taking advantage of farmers with their marketing and
their threats and lawsuits," said Rodney Nelson, a North Dakota
farmer sued by Monsanto. "It's hard enough to farm as it is. You
don't need a big seed supplier trying to trip you up and chase you
down with lawyers."
Farmers even have been sued after their fields were contaminated by
pollen or seed from a previous year's crop has sprouted, or
"volunteered," in fields planted with non-genetically engineered
varieties the following year; and when they never signed Monsanto's
Technology Agreement but still planted the patented crop seed. In all
of these cases, because of the way patent law has been applied,
farmers are technically liable. It does not appear to matter if the
use was unwitting or if a contract was never signed.
Various policy options supported by CFS include passing local and
state-wide bans or moratoriums on plantings of genetically engineered
crops; amending the Patent Act so that genetically engineered plants
will no longer be patentable subject matter and so that seed saving
is not considered patent infringement; and legislating to prevent
farmers from being liable for patent infringement through biological
pollution.
CFS has established a toll-free hotline for farmers facing lawsuits
or threats from Monsanto to get guidance and referrals: 1-888-FARMHLP.
The 84-page report is available here:
http://www.centerforfoodsafety.org/Monsantovsusfarmersreport.cfm
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