DTN writer Todd Neeley reported earlier this week that, “A federal judge last week dismissed claims made by a group of farmers in a class action lawsuit against Syngenta that the company should have done something to inspect and keep harvested Viptera and Duracade GMO MIR162 corn from being shipped to China.
“The action was at least a partial victory for Syngenta. However, multiple lawsuits challenging the company on its handling of the GMO corn will continue, according to a legal expert who has been following the cases.”
Mr. Neeley noted that, “Syngenta faces an ongoing legal battle after developing MIR162 genetic traits marketed under the brand name Viptera and in Viptera/Duracade stacks. USDA deregulated the products in 2013 and Syngenta moved ahead to commercially sell the seeds even though MIR162 had not been approved in China. In November 2013, China began rejecting any U.S. corn exports that tested positive for MIR162. That went on until China eventually approved the trait in December 2014.”
“Plaintiffs have claimed Syngenta misled the public and made misrepresentations to the public and USDA concerning the status and likelihood of Chinese approval and their effects on export markets. Plaintiffs also claimed Syngenta’s actions increased the risks of contamination and commingling of corn,” the DTN article said.
Mr. Neeley added that, “In a statement to DTN, Syngenta hailed last week’s ruling as a victory.
“‘The Aug. 17 ruling in the Viptera China lawsuits significantly narrows the case against Syngenta,’ the company said. ‘For example, the ruling confirms that federal law bars ‘any claim against Syngenta based on a duty to make sure that Viptera corn is segregated from other corn.’ The court also agreed with Syngenta that ‘there is no basis for Syngenta’s liability based in false representations or omissions of fact in communications with plaintiffs,’ and, therefore, rejected plaintiffs’ claim for negligent misrepresentation.
“‘Although the litigation will continue to proceed, this is an important step forward as we continue to defend the rights of American farmers to have access to safe, effective, U.S.-approved agricultural technologies like Agrisure Viptera.’
“The goal for Syngenta in the legal proceedings, [Donald L. Swanson, an attorney with Omaha-based Koley Jessen PC, LLO] said, is to essentially eliminate all of the legal claims in the case, while the plaintiffs are working to put at least one claim before a jury.”
