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Dave Hartley
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Farmers Sue Monsanto Over Biotech Seeds
http://ens.lycos.com/ens/dec99/1999L-12-15-07.html
By Cat Lazaroff

WASHINGTON, DC, December 15, 1999 (ENS) - Six farmers are suing
biotechnology giant Monsanto, claiming the company skipped safety tests in
its rush to bring genetically engineered seeds to the marketplace. The
lawsuit, handled by a cadre of powerful environmental and antitrust lawyers,
also accuses Monsanto to conspiring to control the world market in corn and
soybean seeds.

About a third of the corn planted in the U.S. this year came from
genetically modified seeds (Photo by Scott Bauer; all photos courtesy
Agricultural Research Service)
The class action lawsuit, filed in Federal District Court in Washington, DC,
is the latest attack on bioengineered seeds. The seeds proved so popular
among American farmers that, by some estimates, up to one third of U.S.
cornfields were planted this year with genetically modified corn, and half
the soybean fields held modified soybeans.
But those figures could drop dramatically next year, as farmers react to
intense pressure from European consumers and environmentalists who say the
crops could harm humans and the environment.

Five farmers in Indiana and Iowa and one in France are listed as plaintiffs
in the suit, but lawyers for the coalition say the lawsuit was filed on
behalf of all farmers who have bought modified seed. The National Farm
Coalition, a group which opposes biotechnology, helped develop the suit.

The suit charges that Monsanto is the leader of an international conspiracy
to control the majority of the world's seed supply. The plaintiffs also
contend that Monsanto began selling modified seed without first determining
whether it was safe for consumers and the environment.

Half the soybeans planted in the U.S. this year came from modified seeds,
including Monsanto's Roundup Ready variety (Photo by Scott Bauer)
"This lawsuit alleges that the company had a responsibility to make sure
that any safety representations about the product were backed up," said
Jeremy Rifkin, a prominent anti-biotechnology activist, and head of the
Foundation on Economic Trends. Rifkin�s firm recruited a team of nine law
firms to represent the farmers in the suit.
"This lawsuit will refocus the global debate," Rifkin said Tuesday. "It puts
the spotlight directly on the life science companies and the future of
agriculture. It's no longer just a trade issue between the United States and
the European Union."

Rifkin accused Monsanto and other biotech companies of "corporate abuse of
power" in giving farmers and farm groups "false and fraudulent guarantees"
about the safety of seeds engineered to resist pests, withstand herbicides,
and even produce their own insect toxins. The companies also misled farmers
regarding the marketability of the seeds, the lawsuit charges, by glossing
over objections from European Union nations, which import a large percentage
of U.S. corn and soybeans.

"This is the beginning of a new chapter in the debate over genetically
modified foods," Rifkin said at a news conference yesterday in Washington.

The lawsuit seeks unspecified damages, which Rifkin says could amount to
hundreds of millions of dollars. Named in the lawsuit as alleged
co-conspirators with Monsanto to fix prices and corner the seed market were
Novartis AG, DuPont Co., AstraZeneca Plc and Dow Chemical Co.

European consumers, and an increasing number of U.S. consumers, prefer not
to eat products made using modified soybeans (Photo by Scott Bauer)
Monsanto quickly responded, saying the lawsuit is based on unfounded claims.
"This action is another in a series of unsuccessful attempts by veteran
antagonists to stop a technology with the potential to improve our
environment, increase food production, and improve health," said David
Snively, assistant general counsel for Monsanto. "We're confident this suit
will be dismissed."
Seed with enhanced traits such as insect protection and herbicide tolerance
have been commercially available since the mid-1990s. Monsanto says each of
the company�s seed products underwent years of rigorous testing to determine
their safety, environmental and performance characteristics before the seeds
entered the commercial market. They also have been subjected to intense
scrutiny by federal regulatory agencies, and tested using internationally
accepted standards developed by the World Health Organization, the United
Nations Food and Agricultural Organization and other scientific authorities.

"Monsanto is committed to the farmer's right to have access to high quality
seed choices that allow them to continue in the outstanding progress they
have made in producing more food with fewer resources on less land," Snively
added.

Several farm groups also defended Monsanto and its use of biotechnology.
"Soybean farmers strongly support the technology," said Bob Callanan, a
spokesman for the American Soybean Association in St. Louis. "They see it as
a trend; they're using safer chemicals and less chemicals. We also believe
in the regulatory process."

Some farmers feel the benefits of modified seeds, including a reduced need
for pesticides, outweigh any possible dangers (Photo by Jack Dykinga)
Callanan said that biotech soybean seeds are now used on about 40 million
acres in the U.S., up from about eight million acres in 1997.
"Monsanto is being singled out because they're the only one with the Roundup
Ready soybean product in the market," Callanan said, referring to seeds that
the company has genetically engineered to resist the Roundup herbicide.
"It's not their fault there aren't competitors."

In November, the Executive Committee of the United Soybean Board (USB)
adopted an official position advocating "the responsible development of
plant biotechnology in a way that provides long-term benefits to consumers,
producers and the environment."

"Biotechnology has had, can have and will have a tremendous impact on
providing profit opportunities for U.S. soybean farmers," says USB chairman
Bob Eilts, a soybean farmer from Central City, Nebraska.

But Americans are expressing increasing concern about the modified crops and
products flooding the market. Goods made from these crops - everything from
cookies to salad dressing - are now ubiquitous, and are rarely labeled as
containing genetically modified ingredients.

On Monday, the Food and Drug Administration held the last in a series of
meetings to solicit public comments on what changes may be needed in how
biotech foods are regulated and labeled.

The European Union, Japan, South Korea and others already require labels on
foods made with transgenic crops, and the issue is likely to play a
significant role in future international trade talks.

Some experts predict that U.S. farmers will be harvesting significantly less
acres of biotech crops next year (Photo by Bruce Fritz)
Michael Hausfeld, a Washington lawyer best known for defending Alaskan
natives in the Exxon Valdez oil spill, will head the representation for the
farmers. In Tuesday�s news conference announcing the suit, Hausfeld said
there is significant uncertainty about whether genetically modified seeds
are safe, and that U.S. farm exports are being impacted by growing concern
over the seeds here and abroad.
Monsanto countered that its figures show U.S. growers intend to plant just
as many biotech seeds next year as they did in 1999. In addition, the
company�s survey of more than 2,000 growers suggests that the number of
growers intending to plant conventional varieties in 2000 has not changed
significantly over 1999.

"Farmers told us they value the benefits that biotechnology provides as they
consider their planting intentions for 2000. Biotechnology allows greater
flexibility, more effective insect and weed control, reduced input costs
pertaining to the reduction of pesticides, improved yield potential, higher
quality grain and cost savings," said Brett Begemann, Monsanto�s vice
president for U.S. markets.

"Until the seeds are in the ground, it is hard to speculate what the market
might look like," Begemann said. "But we are already seeing solid evidence
from surveys and grain trader announcements that indicate to us that the
biotech growth trend will continue."

Industry estimates show that more than 50 percent of the soybeans grown in
the United States this year were varieties changed through biotechnology.

� Environment News Service (ENS) 1999. All Rights Reserved.

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