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Rice Field in Arkansas

This class action alleges that the herbicide Loyant not only doesn’t control grasses and weeds but damages rice crops as well. The complaint names the Dow Chemical Co., Dow AgroSciences, LLC, Corteva, Inc., and EI DuPont de Nemours and Co. as having responsibility for Loyant. The plaintiffs are a number of farms that used Loyant, in a number of different states.

Monsanto Sign on Green Lawn

Monsanto and BASF developed a crop system that combines the herbicide dicamba with dicamba-resistant crops. Unfortunately, as in this class action, other nearby growers allege that dicamba does not stay where it is sprayed but drifts over to destroy their non-resistant crops. 

Crowd of Pigs

The complaint for this antitrust class action alleges that producers of pork conspired to raise prices on their products since at least 2009, with the help of an industry data-sharing serving called Agri Stats, Inc. Pork products include pig meat (fresh or frozen), smoked ham, sausage, and bacon.

Crops Growing in Field

This is not the first lawsuit to target the Monsanto and BASF dicamba-tolerant crop system, but this particular class action seeks relief for farmers whose nearby non-dicamba-tolerant crops were damaged by the use of the Monsanto-BASF system. The complaint for this class action claims that the problems include “crop damage, yield loss, total failure of the crop, and financial ruin to impacted farmers.”

Ears of Corn and Name "Syngenta"

Syngenta is putting up more than a billion and a half dollars to settle numerous lawsuits against it concerning its Viptera and Duracade genetically-modified corn seeds.

Watermelon in Field

In 2015, the USDA authorized Monsanto’s dicamba-tolerant Xtend soybean and cotton seeds for unrestricted commercial planting. However, the complaint says that the dicamba herbicides approved for use at the time were all likely to drift to neighboring crops. Still, it says, defendants Monsanto and BASF marketed and sold the Xtend seeds, the complaint claims, without any warning or instruction or other limitation to prevent harm to other crops. The result was damage to the crops of neighboring farms. According to the complaint, the defendants are responsible for damage to crops on many Arkansas farms and even conspired to force farmers to use their own modified seeds to avoid such damage in the future.

Monsanto Sign

Monsanto developed a crop system built around the herbicide dicamba and dicamba-tolerant crops, in partnership with BASF. According to the complaint for this class action, in the 2016 growing season, it caused significant damage to nearby soybeans and other crops. In self-defense, the complaint claims, some farmers purchased dicamba-tolerant seeds for the 2017 growing season, but once again, dicamba caused damage to surrounding crops, so that dicamba is now being removed from the market by the Arkansas State Plant Board. According to the complaint, farmers can no longer use dicamba, so that they will have no appropriate herbicide for their dicamba-tolerant plants, will suffer reduced yields, will not realize the rebate they were offered when purchasing the seeds, and will have modified their equipment for nothing.

image of Monsanto Logo

Are the companies responsible to have an appropriate herbicide ready for use with their newly-developed, herbicide-resistant crops?