By Carey Gillam
A U.S. wheat farmer has sued Monsanto Co, accusing the biotech seed giant of gross negligence for not containing an experimental genetically modified wheat discovered in an Oregon field that has put U.S. wheat export sales at risk.
Farmer Ernest Barnes, who grows wheat in Morton County in the southwest corner of Kansas, filed suit Monday in U.S. District Court in Wichita, Kansas, alleging that he and other wheat farmers have been hurt financially by the discovery of the unapproved biotech wheat that Monsanto said it stopped testing and shelved nine years ago.
“Monsanto has released GE (genetically engineered) wheat into the non-genetically modified wheat population,” the petition states.
The “plaintiff has been harmed by any and all Monsanto GE wheat because it has impacted wheat exports and the price of wheat,” the petition also states.
It is not known how widespread the unapproved wheat is, or if it has contaminated food supplies. But some buyers of U.S. wheat have backed away from purchases. South Korea and Japan immediately suspended their U.S. wheat purchases and European Union officials have said they want to test all incoming shipments and block any containing genetically modified wheat.
The suit does not state a specific claim for damages but says the amount in dispute exceeds $75,000.
More lawsuits are likely, the plaintiff’s attorney said. Monsanto said the lawsuit was a “wild swing” that lacked basis.
“Tractor-chasing lawyers have prematurely filed suit without any evidence of fault and in advance of the crop’s harvest,” David Snively, Monsanto executive vice president and general counsel, said in a statement.
Monsanto said it had followed a “government-directed, rigorous, well-documented and audited” program in conducting its wheat field trials and it is likely that the presence of its biotech trait in wheat is very limited.