Monsanto’s bullying tactics received a legal nod of approval on February 24th, when Judge Naomi Buchwald dismissed a suit brought against the company by the Organic Seed Growers and Trade Association (OSGATA). The association was joined by 82 other plaintiffs. Nearly 300,000 organic farmers were represented in the action.
According to Judge Buchwald (pdf), the plaintiffs failed to prove their case. Only one farmer and one seed distributor claimed to have already purchased contaminated seed. Neither of them claimed Monsanto’s seeds were among the “offending seeds.” Monsanto had demanded royalty payments from only one of the plaintiffs. The judge did not consider the company’s history of threats and suits against conventional farmers sufficient evidence Monsanto would sue the plaintiffs.
OSGATA’s president, Jim Gerritsen, himself an organic farmer, published this response on the organization’s Web site:
Family farmers need the protection of the court. We reject as naïve and undefendable the judge’s assertion that Monsanto’s vague public relations ‘commitment’ should be ‘a source of comfort’ to plaintiffs. The truth is we are under threat and we do not believe Monsanto. The truth is that American farmers and the American people do not believe Monsanto. Family farmers deserve our day in court and this flawed ruling will not deter us from continuing to seek justice.
The dismissive tone of Judge Buchwald’s decision is curious in light of Monsanto’s history with conventional farmers. The company has made a practice of raiding fields in search of any infringements of their patents. Most farmers cave when threatened with massive fines, even if wind and pollinating bees brought the unwanted seed into their fields. So the judge’s statement that the “average of roughly thirteen lawsuits per year is hardly significant when compared to the number of farms in the United States” is more than a little disingenuous.
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