In recent weeks the classic tale of David-versus-Goliath played out in the Southern District Court of New York — with the small exception that the “David” in question along with other small litigants coalesced into a 300,000-strong trade association and filed a class-action-suit-type action against their common defendant — agri-business giant Monsanto.
Seeking pre-emptive protection from lawsuits by Monsanto and also seeking relief from what they alleged was Monsanto's rapidly expanding use of genetically modified seeds and herbicides near their farms, the plaintiffs in the case represented a group of organic farmers from at least 21 states and provinces across the United States.
Making a fervent plea to Judge Naomi Buchwald that Monsanto's use of the chemicals anywhere near their organic farms was contaminating the organic products' quality, the farmers under the umbrella of Organic Seed Growers and Trade Association (OGSATA) supplied oral arguments in court on January 31.
After hearing the arguments, Judge Buchwald said on March 31 she would hand down her decision on whether the lawsuit could move forward to trial.
Speaking after the hearing OGSATA President Jim Gerritsen commented, “Monsanto's threats and abuse of family farmers stops here. Monsanto's genetic contamination of organic seed and organic crops ends now. Americans have the right to choice in the marketplace — to decide what kind of food they will feed their families — and we are taking this action on their behalf to protect that right to choose.”
The odd twist in the case, however, is the fact that though the farmers are the plaintiffs, they are in fact de facto defendants in potential lawsuits from Monsanto — lawsuits that the latest case is designed to block.
The recent history of conflict between Monsanto and these small farmers is replete with examples of such pre-emptive lawsuits by Monsanto, to the extent that Monsanto's actions have reportedly led to organic farmers ceasing to produce a range of products such as soybeans, corn, cotton, sugar beets, and canola.
