(MintPress) — Over 300,000 American farmers are awaiting a trial date for a landmark lawsuit filed last year against giant biotech company, Monsanto. The case, Organic Seed Growers & Trade Association, et. al. v. Monsanto, is one of dozens of lawsuits faced by Monsanto in the past decade over patents, biotechnology, and safety.
In March 2011, the Organic Seed Growers & Trade Association (OSGTA) filed a lawsuit on behalf of 60 plaintiffs upset over Monsanto’s attack against farmers based on accusations of patent infringement.
Between 1997 and 2010, Monsanto filed lawsuits against 144 organic farms and investigated some 500 farms annually, accusing farmers of stealing patented genetically modified (GM) seeds. Plaintiffs argue that the GM seeds spread to their crops through natural pollination and weather patterns.
“If we become contaminated by Monsanto, not only is the value of our organic seed crop extinguished but we could also be sued by Monsanto for patent infringement because their contamination results in our ‘possession’ of their GMO technology,” said Jim Gerritsen, President of OSGTA and Maine organic seed farmer.
Unable to afford proper legal defense, some farmers sold their land to Monsanto while others stopped growing certain products altogether out of fear of a future lawsuit.
Gerritsen said, “We have farmers who have stopped growing organic corn, organic canola and organic soybeans because they can’t risk being sued by Monsanto. It’s not fair and it’s not right. Family farmers need justice and we deserve the protection of the court.”
The number of plaintiffs represented by OSTGA has grown to 83 family farmers, independent seed companies and other organic agricultural organizations. Plaintiffs are not seeking monetary compensation, but do wish to receive protection from future Monsanto-initiated patent infringement lawsuits under the Declaratory Judgement Act.
New York Judge Naomi Buchwald will announce her decision on March 31st regarding whether the case will go to trial.
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The “Old” Monsanto
For nearly 100 years from 1901-2000, Monsanto manufactured and engineered products in agriculture, chemical processing, optoelectronics, and more. Some of Monsanto’s products included aspartame artificial sweetener, polystyrene and synthetic fibers, polyurethanes, DDT, and a variety of other chemicals, herbicides, and plastics.
Throughout the 1900s Monsanto faced harsh criticism and controversial lawsuits regarding the health effects and pollution caused by the manufacturing of dangerous chemicals like dioxin and Agent Orange.
In 2000, a “new” Monsanto Company emerged as an independent subsidiary of the pharmaceutical company, Pharmacia. Despite retaining the same name and corporate headquarters, the “new” Monsanto legally became a separate corporation through the merger.
Monsanto now focuses solely on the agriculture industry and biotechnology, primarily through pesticide resistant seeds. However, Monsanto continues to face lawsuits pertaining to company activities prior to 2000, including a 2009 lawsuit filed by 50 individuals claiming Monsanto’s chemical plants released cancer-causing pollutants into the air.
Between 1934-2000, the Old Monsanto operated a trichlorophenol plant in Nitro, West Virginia that produced herbicides, rubber products, and chemicals like Agent Orange and PCB. The plant produced an herbicide contaminated with dibenzo dioxins and dibenzo furans, which have been linked to cancer, birth defects, learning disabilities, endometriosis, infertility, and suppressed immune functions.
In total, nearly 150 lawsuits have been filed against Monsanto over its trichlorophenol plant in West Virginia. Jurors were selected last month for a huge class-action pollution lawsuit against Monsanto. The trial is expected to resume this month and last at least three to six months.
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Old Problems for New Monsanto
Monsanto claims that, “While we share the name and history of a company that was founded in 1901, the Monsanto of today is focused on agriculture and supporting farmers around the world in their mission to produce more while conserving more.”
Despite attempts to separate the activities of the old from the new, Monsanto continues to face lawsuits similar to those of the 1900s both locally and abroad.
While plaintiffs like the OSGTA await trial dates in the U.S., farmers in India are gearing up for an attack on Monsanto over alleged acts of biopiracy, the commercial development of plants by advanced international companies without fair compensation to the nations where the materials originated.
Monsanto is accused of illegally stealing brinjal, or eggplant, and making a genetically modified version. Brinjal is one of the most popular vegetables in India with over 2500 types grown. Protests against Monsanto’s plans to create a GM version, called bt brinjal, lead Indian officials to ban the project indefinitely.
Monsanto is believed to have gone ahead with plant testing in spite of the ban. It is expected to take at least a year before the Indian government files a formal lawsuit against Monsanto.
Despite continuous legal battles, Monsanto continues to grow. Today, Monsanto is the world’s largest seed company, producing nearly a quarter of the global seed market.
More than 80% of soybean and cotton and 70% of field corn contain at least one patented Monsanto gene. Monsanto’s near-monopoly on the biotech industry forces seed prices up and leaves farmers around the world struggling to keep up.