China’s recent approval of Syngenta’s genetically modified trait, known as MIR162, has not stalled litigation against the company. More than 200 cases have been filed, and more continue to be filed, on behalf of farmers across the country based on Syngenta’s premature cultivation of the trait. Release of the trait prior to its approval in China led to the contamination of the United States corn supply, which foreclosed the U.S. corn export market to China. These lawsuits focus on allegations that Syngenta released MIR162 into the marketplace knowing it lacked approval in China, knowing that that China has a zero-tolerance policy for unapproved traits, and knowing that commingling of corn is essentially inevitable. Further, Syngenta knew what a devastating impact premature cultivation could have on global trade.
China officially approved MIR162 on Dec. 22, 2014, after nearly 13 months of rejecting corn shipments from the U.S. The approval came after a high-level commercial dialogue between China’s Ministry of Agriculture and U.S. government officials in December. Despite this approval, current lawsuits continue to push forward and others are being filed based on the significant costs incurred by the industry. According to a study published in the spring of 2014 by the National Grain and Feed Association, loss of the Chinese market had already cost the U.S. grain industry damages exceeding $2.9 billion. These cases were consolidated by the Judicial Panel on Multidistrict Litigation in federal court in the District of Kansas.
For more information on this litigation, contact Principal & Consumer Fraud Section Head, Dee Miles, Dee.Miles@BeasleyAllen.com; or Beasley Allen attorneys Roman Shaul, Roman.Shaul@BeasleyAllen.com, or Leslie Pescia, Leslie.Pescia@BeasleyAllen.com.
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.