• Jinks Crow & Dickson

GMOs and Market Loss

What do corn, wheat, canola, rice, papaya, and sugar beets have in common? These are all crops planted by farmers in the United States that have been negatively affected by contamination from genetically modified plants. For decades, seed and chemical companies have been seeking to develop genetically modified crops that have a specific trait or traits that are either resistant to certain herbicides or otherwise increase production. Unfortunately, international markets are suspicious or fearful of GMOs and when GMO crops escape into export supplies the effect on the market for these agricultural products can be devastating.

GMO contamination can occur due to cross-pollination or mechanical mixing. Many years of experience have now taught us that it is very difficult, if not impossible to prevent the mixing of non-GMO plants with the GMO versions of the same variety.

It has been reported that between 1997 and 2013 there were almost four hundred cases of GMO contamination. Plants are pollinated by wind, insects, or birds. Even with increasingly large buffer zones, pollen can cross from GMO fields to non-GMO fields. This is called genetic drift. It is one of the ways nature ensures the continuation of the species. Unfortunately, nature does not distinguish between GMO and non-GMO plants of the same species.

This contamination has resulted in billions of dollars of economic loss to United States farmers due to rejection by the export markets.

When Starlink corn was discovered in the corn supply in Japan, the European Union banned U. S. corn exports. Similar losses have been experienced by U. S. producers of rice, papaya, and other crops.

Courts have held seed companies accountable when their GMO varieties contaminate export stocks, thus harming the market. The agriculture lawyers and farming attorneys at Jinks, Crow & Dickson have over a decade of experience in representing farmers who deserve to recover from their market losses. We will continue to use our experience and resources to protect U. S. farmers who have been damaged by the carelessness of corporations.

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