Monsanto is sued over modified wheat

Published 5:00 am Wednesday, June 5, 2013

WICHITA, Kan. — A Kansas farmer has sued seed giant Monsanto over last week’s discovery of genetically engineered experimental wheat in an 80-acre field in Oregon, claiming the company’s gross negligence hurt U.S. growers by driving down wheat prices and causing some international markets to suspend certain imports.

The federal civil lawsuit, filed Monday by Ernest Barnes, who farms 1,000 acres near Elkhart in southwest Kansas, seeks unspecified damages to be determined at trial.

U.S. Agriculture Department officials said last Wednesday that the modified wheat was the same strain as one designed by Monsanto to be herbicide-resistance that was tested in Oregon and several other states through 2005 but never approved. The USDA has said the Oregon wheat is safe to eat and there is no evidence that modified wheat entered the marketplace.

It’s believed to be the first lawsuit stemming from the discovery. Similar lawsuits are in the works, Barnes’ attorney said, and the cases will likely be consolidated.

No genetically engineered wheat has been approved for U.S. farming. Many countries will not accept imports of genetically modified foods, and the United States exports about half of its wheat crop. Since the announcement, Japan — one of the largest export markets for U.S. wheat growers — suspended some imports. South Korea said it would increase its inspections of U.S. wheat imports.

Barnes referred all calls to his attorneys. One of them, Warren Burns, said that the scope of the damage is potentially in the hundreds of millions of dollars. He said the lawsuit seeks to make sure their client is compensated for his losses.

“These types of suits serve the purpose of helping police the agricultural system we have in place and make sure farmers are protected,” Burns said Tuesday.

In a written statement Tuesday, St. Louis-based Monsanto said the report of a few volunteer plants in one Eastern Oregon field is the ostensible basis for the lawsuit.

“Tractor-chasing lawyers have prematurely filed suit without any evidence of fault and in advance of the crop’s harvest,” said David Snively, Monsanto executive vice president and general counsel.

The company said its process for closing out its original wheat development program was rigorous, government-directed, well-documented and audited. It noted wheat seed, on average, is viable for only one or two years in the soil.

Monsanto also contended that, given the care undertaken to prevent contamination, no legal liability exists and it will present a vigorous defense.

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