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COG Stands Up to Monsanto

Canadian Organic Growers Continues to Stand Up to Monsanto

March 28, 2012 -- Today, in Federal District Court in Manhattan, the Canadian Organic Growers and dozens of other farmers and farm groups, filed the Notice of Appeal to Judge Naomi Buchwald's February 24th ruling dismissing Organic Seed Growers and Trade Association et al v. Monsanto. The United States Court of Appeals for the Federal Circuit will hear the farmers' appeal, seeking to reinstate the case, which has received worldwide attention.

Farmers are determined to move forward with their lawsuit challenging Monsanto's patents on genetically engineered seed, and the Canadian Organic Growers wants to ensure Canada has strong representation in this action.

"Farmers have the right to protect themselves from being falsely accused of patent infringement by Monsanto before they are contaminated by Monsanto's transgenic seed," said Dan Ravicher, Executive Director of the Public Patent Foundation (PUBPAT), a not-for-profit legal services organization based at Benjamin N. Cardozo School of Law that represents the plaintiffs.

"Farmers are under threat. Our right to farm the way we choose, and to grow pure organic seed and healthy food on our farms for our families and for our customers is under assault," said Maine organic seed farmer Jim Gerritsen, President of lead Appellant OSGATA. "We are honor-bound to challenge an erroneous ruling which denies family farmers the protection the law says we deserve. We're not asking for one penny from Monsanto. Ultimately, our fight is for justice and is waged to defend the right of the people to have access to good and safe food."

The Plaintiff/Appellant group is comprised of individual family farmers, small and family-owned seed companies and agricultural organizations. They are all organic or committed to farming without using genetically engineered seeds, and have no desire to ever farm with Monsanto's patented GMO technology. However, they are fearful that Monsanto seed will trespass onto their farms and that the resulting contamination of their crops will be viewed by Monsanto as illegal 'possession' resulting in patent infringement allegations. Monsanto's harassment of family farmers is well known in farm country, the biotech seed and chemical giant has one of the most aggressive patent assertion agendas in history.

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The lawsuit was originaly filed in March 2011 by Public Patent Foundation (PUBPAT), a not-for-profit legal services organization, on behalf of 36 farm organizations in North America, representing hundreds of thousands of producers, 14 seed companies, and 33 individual farms or farmers (83 total plaintiffs). The pre-emptive lawsuit seeks to limit Monsanto’s legal rights to sue organic and non-GMO producers if found to be contaminated with GMO seed. Monsanto subsequently requested the lawsuit be dismissed, claiming the legal action to be a “publicity stunt”.

On January 31, 2012, the Canadian Organic Growers (COG) took part in the first phase of a court case. COG board member and organic farmer, Arnold Taylor, represented thousands of organic farmers across Canada at the oral arguments on Monsanto’s pre-trial dismissal motion, which claimed the 83 plaintiffs in the case had no judicially worthy complaint against the defendant.

“When Monsanto actively reserves the right to sue organic and non-GMO farmers, it’s critical to stand up to these bullying tactics,” said Taylor. “Hundreds of farmers have already been sued by Monsanto, including many in Canada. This is a serious matter.”

Unfortunately, Judge Naomi Buchward of the Federal District Court of Southern New York sitting in New York City, sided with Monsanto. The Court granted Monsanto's motion to dismiss, calling plaintiffs' allegations "diaphanous" and the complaint "a transparent effort to create a controversy where none exists."

“Monsanto’s patents are detrimental to our member’s livelihoods and we must protect ourselves,” said Beth McMahon, Canadian Organic Growers’ Executive Director. “We already have significant measures to mitigate for inadvertent GMO contamination of organic crops through the Canadian Organic Standards. This case is not about "creating controversy", but upholding the fundamental rights of farmers to save seed and grow crops without threat of lawsuit.”

Genetically modified crops have already had a significant impact on Canadian organic growers, including the near eradication of commercial organic canola. Once released into the environment, it is impossible to recall GMO seeds, which are often carried by pollinators and wind currents for extensive distances. Monsanto's seed monopoly also controls the genetics of nearly 90% of five major commodity crops including corn, soybeans, cotton, canola and sugar beets.

The public is strongly encouraged to help support the Canadian Organic Growers by donating to the campaign. More information can be found at www.cog.ca. The Canadian Organic Growers also appreciates the support of the Organic Agriculture Protection Fund, which assisted with Taylor’s travel funds.

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