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Daniel B. Ravicher, 212-545-5337
Jim Gerritsen, 207-425-7741
Mark Kastel, 608-625-2042
WASHINGTON - On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit today against Monsanto Company challenging the chemical giant's patents on genetically modified seed. The organic plaintiffs were forced to sue preemptively to protect themselves from being accused of patent infringement should their crops ever become contaminated by Monsanto's genetically modified seed.
Monsanto has sued farmers in the United States and Canada, in the past, when there are patented genetic material has inadvertently contaminated their crops.
A copy of the lawsuit can be found at:
(https://www.pubpat.org/assets/files/seed/OSGATA-v-Monsanto-Complaint.pdf)
The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan and assigned to Judge Naomi Buchwald. Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it. The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers.
"This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsanto's transgenic seed or pollen should land on their property," said Dan Ravicher, PUBPAT's Executive Director. "It seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement, but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement, so we had to act to protect the interests of our clients."
Once released into the environment, genetically modified seed can contaminate and destroy organic seed for the same crop. For example, soon after Monsanto introduced genetically modified seed for canola, organic canola became virtually impossible to grow as a result of contamination.
Organic corn, soybeans, cotton, sugar beets and alfalfa also face the same fate, as Monsanto has released genetically modified seed for each of those crops as well.
Monsanto is currently developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
"Monsanto's threats and abuse of family farmers stops here. Monsanto's genetic contamination of organic seed and organic crops ends now," stated Jim Gerritsen, a family farmer in Maine who raises organic seed and is President of lead plaintiff Organic Seed Growers and Trade Association. "Americans have the right to choice in the marketplace - to decide what kind of food they will feed their families."
"Family-scale farmers desperately need the judiciary branch of our government to balance the power Monsanto is able to wield in the marketplace and in the courts," said Mark A. Kastel, Senior Farm Policy Analyst for The Cornucopia Institute, one of the plaintiffs. "Monsanto, and the biotechnology industry, have made great investments in our executive and legislative branches through campaign contributions and powerful lobbyists in Washington."
In the case, PUBPAT is asking Judge Buchwald to declare that if organic farmers are ever contaminated by Monsanto's genetically modified seed, they need not fear also being accused of patent infringement. One reason justifying this result is that Monsanto's patents on genetically modified seed are invalid because they don't meet the "usefulness" requirement of patent law, according to PUBPAT's Ravicher, the plaintiffs' lead attorney in the case.
"Evidence cited by PUBPAT in its opening filing today proves that genetically modified seed has negative economic and health effects, while the promised benefits of genetically modified seed - increased production and decreased herbicide use - are false," added Ravicher who is also a Lecturer of Law at Benjamin N. Cardozo School of Law in New York.
Ravicher continued, "Some say transgenic seed can coexist with organic seed, but history tells us that's not possible, and it's actually in Monsanto's financial interest to eliminate organic seed so that they can have a total monopoly over our food supply," said Ravicher. "Monsanto is the same chemical company that previously brought us Agent Orange, DDT, PCB's and other toxins, which they said were safe, but we know are not. Now Monsanto says transgenic seed is safe, but evidence clearly shows it is not."
The plaintiffs in the suit represented by PUBPAT are: Organic Seed Growers and Trade Association; Organic Crop Improvement Association International, Inc.; OCIA Research and Education Inc.; The Cornucopia Institute; Demeter Association, Inc.; Navdanya International; Maine Organic Farmers and Gardeners Association; Northeast Organic Farming Association/Massachusetts Chapter, Inc.; Northeast Organic Farming Association of Vermont; Rural Vermont; Ohio Ecological Food & Farm Association; Southeast Iowa Organic Association; Northern Plains Sustainable Agriculture Society; Mendocino Organic Network; Northeast Organic Dairy Producers Alliance; Canadian Organic Growers; Family Farmer Seed Cooperative; Sustainable Living Systems; Global Organic Alliance; Food Democracy Now!; Family Farm Defenders Inc.; Farm-to-Consumer Legal Defense Fund; FEDCO Seeds Inc.; Adaptive Seeds, LLC; Sow True Seed; Southern Exposure Seed Exchange; Mumm's Sprouting Seeds; Baker Creek Heirloom Seed Co., LLC; Comstock, Ferre & Co., LLC; Seedkeepers, LLC; Siskiyou Seeds; Countryside Organics; Cuatro Puertas; Interlake Forage Seeds Ltd.; Alba Ranch; Wild Plum Farm; Gratitude Gardens; Richard Everett Farm, LLC; Philadelphia Community Farm, Inc; Genesis Farm; Chispas Farms LLC; Kirschenmann Family Farms Inc.; Midheaven Farms; Koskan Farms; California Cloverleaf Farms; North Outback Farm; Taylor Farms, Inc.; Jardin del Alma; Ron Gargasz Organic Farms; Abundant Acres; T & D Willey Farms; Quinella Ranch; Nature's Way Farm Ltd.; Levke and Peter Eggers Farm; Frey Vineyards, Ltd.; Bryce Stephens; Chuck Noble; LaRhea Pepper; Paul Romero; and, Donald Wright Patterson, Jr.
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Dr. Carol Goland, Ph.D., Executive Director of plaintiff Ohio Ecological Food & Farm Association (OEFFA) said, "Consumers indicate, overwhelmingly, that they prefer foods made without genetically modified organisms. Organic farms, by regulation, may not use GMOs, while other farmers forego using them for other reasons. Yet the truth is that we are rapidly approaching the tipping point when we will be unable to avoid GMOs in our fields and on our plates. That is the inevitable consequence of releasing genetically engineered materials into the environment. To add injury to injury, Monsanto has a history of suing farmers whose fields have been contaminated by Monsanto's GMOs. On behalf of farmers who must live under this cloud of uncertainty and risk, we are compelled to ask the Court to put an end to this unconscionable business practice."
Rose Marie Burroughs of plaintiff California Cloverleaf Farms said, "The devastation caused by GMO contamination is an ecological catastrophe to our world equal to the fall out of nuclear radiation. Nature, farming and health are all being affected by GMO contamination. We must protect our world by protecting our most precious, sacred resource of seed sovereignty. People must have the right to the resources of the earth for our sustenance. We must have the freedom to farm that causes no harm to the environment or to other people. We must protect the environment, farmers' livelihood, public health and people's right to non GMO food contamination."
Jim Gerritsen, a family farmer in Maine who raises organic seed and is President of lead plaintiff Organic Seed Growers and Trade Association based in Montrose, Colorado, said, "Today is Independence Day for America. Today we are seeking protection from the Court and putting Monsanto on notice. 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. Organic farmers have the right to raise our organic crops for our families and our customers on our farms without the threat of invasion by Monsanto's genetic contamination and without harassment by a reckless polluter. Beginning today, America asserts her right to justice and pure food."
Ed Maltby, Executive Director of plaintiff Northeast Organic Dairy Producers Alliance (NODPA) said, "It's outrageous that we find ourselves in a situation where the financial burden of GE contamination will fall on family farmers who have not asked for or contributed to the growth of GE crops. Family farmers will face contamination of their crops by GE seed which will threaten their ability to sell crops as organically certified or into the rapidly growing 'Buy Local' market where consumers have overwhelmingly declared they do not want any GE crops, and then family farmers may be faced by a lawsuit by Monsanto for patent infringement. We take this action to protect family farms who once again have to bear the consequences of irresponsible actions by Monsanto."
David L. Rogers, Policy Advisor for plaintiff NOFA Vermont said, "Vermont's farmers have worked hard to meet consumers' growing demand for certified organic and non-GE food. It is of great concern to them that Monsanto's continuing and irresponsible marketing of GE crops that contaminate non-GE plantings will increasingly place their local and regional markets at risk and threaten their livelihoods."
Dewane Morgan of plaintiff Midheaven Farms in Park Rapids, Minnesota, said, "For organic certification, farmers are required to have a buffer zone around their perimeter fields. Crops harvested from this buffer zone are not eligible for certification due to potential drift from herbicide and fungicide drift. Buffer zones are useless against pollen drift. Organic, biodynamic, and conventional farmers who grow identity-preserved soybeans, wheat and open-pollinated corn often save seed for replanting the next year. It is illogical that these farmers are liable for cross-pollination contamination."
Jill Davies, Director of plaintiff Sustainable Living Systems in Victor, Montana, said, "The building blocks of life are sacred and should be in the public domain. If scientists want to study and manipulate them for some supposed common good, fine. Then we must remove the profit motive. The private profit motive corrupts pure science and increasingly precludes democratic participation."
David Murphy, founder and Executive Director of plaintiff Food Democracy Now! said, "None of Monsanto's original promises regarding genetically modified seeds have come true after 15 years of wide adoption by commodity farmers. Rather than increased yields or less chemical usage, farmers are facing more crop diseases, an onslaught of herbicide-resistant superweeds, and increased costs from additional herbicide application. Even more appalling is the fact that Monsanto's patented genes can blow onto another farmer's fields and that farmer not only loses significant revenue in the market but is frequently exposed to legal action against them by Monsanto's team of belligerent lawyers. Crop biotechnology has been a miserable failure economically and biologically and now threatens to undermine the basic freedoms that farmers and consumers have enjoyed in our constitutional democracy."
Mark Kastel, Senior Farm Policy Analyst for plaintiff The Cornucopia Institute said, "We need the court system to offset this power and protect individual farmers from corporate tyranny. Farmers have saved seeds since the beginning of agriculture by our species. It is outrageous that one corporate entity, through the trespass of what they refer to as their 'technology,' can intimidate and run roughshod over family farmers in this country. It should be the responsibility of Monsanto, and farmers licensing their technology, to ensure that genetically engineered DNA does not trespass onto neighboring farmland. It is outrageous, that through no fault of their own, farmers are being intimidated into not saving seed for fear that they will be doggedly pursued through the court system and potentially bankrupted."
ABOUT PUBPAT
The Public Patent Foundation (PUBPAT) is a not-for-profit legal services organization affiliated with the Benjamin N. Cardozo School of Law.
PUBPAT protects freedom in the patent system by representing the public interest against undeserved patents and unsound patent policy. More information about PUBPAT is available from www.pubpat.org.
The Cornucopia Institute, a Wisconsin-based nonprofit farm policy research group, is dedicated to the fight for economic justice for the family-scale farming community. Their Organic Integrity Project acts as a corporate and governmental watchdog assuring that no compromises to the credibility of organic farming methods and the food it produces are made in the pursuit of profit.
"What AOC is doing is leadership—and people see that," said one observer.
A poll released Friday from the progressive think tank Data for Progress has Democratic Rep. Alexandria Ocasio-Cortez besting Senate Minority Leader Chuck Schumer, also a Democrat, by 19 points in a hypothetical matchup in the 2028 New York primary for a U.S. Senate seat.
According to the poll, which was was first shared exclusively with Politico, 55% of voters said they would cast a ballot for Ocasio-Cortez or leaned toward supporting her, and 36% said they would support Schumer or leaned toward supporting him, with 9% undecided.
The only subgroup that supported Schumer over Ocasio-Cortez were moderates, who favored Schumer 50%-35%, with 15% undecided. Ocasio-Cortez carried all other subgroups with an outright majority, except for voters over the age of 45, 49% of whom said they would support her or leaned toward supporting her.
The poll—while several years out from the actual race—comes in the wake of Schumer's decision to throw his support behind a Republican-backed spending bill in early March, a move that roiled his own party and prompted calls for him to step aside from his leadership position in the Senate.
The episode also sparked murmurs among some Democrats that Ocasio-Cortez should consider a primary bid against Schumer in 2028.
The poll was conducted March 26-31 and surveyed 767 likely Democratic primary voters in New York state. According to Data for Progress, the polling indicated that the hypothetical matchup between Ocasio-Cortez and Schumer is "relatively static" and does not shift when voters are offered more information about the respective candidates.
Ocasio-Cortez recently declined to speak about a potential run for Senate in 2028, according to Politico.
"Replacing Chuck Schumer with AOC would be an incredible upgrade. I guess we'll have to wait four more years…," wrote Bhaskar Sunkara, president of The Nation.
Zephyr Teachout, a professor at the Fordham University School of Law, shared Politico's reporting on the poll and wrote: "Good morning to leadership and fighting oligarchy!"
"What I mean is that what AOC is doing is leadership—and people see that," added Teachout, who also highlighted that the poll found that an overwhelming majority of respondents, 84%, want their leaders to do more to resist the actions of U.S. President Donald Trump.
Another observer, market researcher Adam Carlson, highlighted that despite Schumer's loss in the hypothetical race, most respondent subgroups still view him favorably, according to the poll. Besides "very liberal" voters and those between ages 18-44, Schumer stands at over 50% "favorable" among all other subgroups surveyed.
"People just want a changing of the guard," said Carlson.
"Trade and tariff wars have no winners," said China's foreign ministry. "We urge the U.S. to stop doing the wrong thing."
The Chinese government on Friday responded to U.S. President Donald Trump's sweeping new tariffs with 34% import duties on all American goods beginning next week, intensifying global blowback against the White House and accelerating a worldwide financial market tailspin.
China's tariffs on U.S. imports, which match the tariffs the Trump administration moved this week to impose on Chinese goods, are set to take effect on April 10. Trump's 34% tariffs on Chinese imports come on top of the 20% tariffs the U.S. president imposed earlier this year.
"The U.S. approach does not conform to international trade rules, seriously damages China's legitimate rights and interests, and is a typical unilateral bullying practice," China's Ministry of Finance said in a Friday statement.
Additionally, China's Commerce Ministry announced immediate export restrictions on rare earth materials and "added 16 entities from the U.S., including High Point Aerotechnologies and Universal Logistics Holdings Inc., to its export control list," according to the state-run China Daily.
"Under the new rule," the outlet reported, "Chinese companies are prohibited from exporting dual-use items to these 16 U.S. entities. Any ongoing related export activities should be immediately halted, said the Ministry of Commerce."
Retaliatory tariffs from the world's second-largest economy mark the latest step in a global trade war launched by the Trump White House, which—despite warnings of disastrous impacts for working-class U.S. households and the broader economy—plowed ahead this week with a 10% universal tariff on imports and larger tariffs on a number of trading partners, including China.
Following Trump's official tariff announcement, Beijing condemned the duties as "unacceptable" and vowed to "take measures as necessary to firmly defend [China's] legitimate interests."
"Trade and tariff wars have no winners. Protectionism leads nowhere," said the spokesperson for China's foreign ministry on Thursday. "We urge the U.S. to stop doing the wrong thing, and resolve trade differences with China and other countries through consultation with equality, respect, and mutual benefit."
Other nations hit by Trump's tariffs are expected to respond in the coming days.
European Commission President Ursula von der Leyen told reporters Thursday that the E.U. was "already finalizing the first package of countermeasures in response to tariffs on steel, and we are now preparing for further countermeasures to protect our interests and our businesses if negotiations fail."
Canadian Prime Minister Mark Carney vowed that "we are going to fight these tariffs with countermeasures."
"In a crisis, it's important to come together and it's essential to act with purpose and with force," Carney added. "And that's what we will do."
"What Republicans are trying to jam through Congress right now is a level of economic recklessness we’ve never seen before," said a group of Democratic lawmakers.
A new analysis indicates Republicans' plan to extend soon-to-expire provisions of their party's 2017 tax law, as well as their push to tack on additional tax breaks largely benefiting the rich and big corporations, would cost $7 trillion over the next decade, a figure that a group of congressional Democrats called "staggering."
The analysis from the nonpartisan Joint Committee on Taxation (JCT), published on Thursday, updates previous estimates that suggested the GOP effort to extend expiring provisions of the 2017 law would cost $4.6 trillion over a 10-year period. The new assessment shows that extending the law's temporary provisions—which disproportionately favored the wealthy—would cost $5.5 trillion over the next decade.
The projected cost of the GOP agenda balloons to $7 trillion after adding Senate Republicans' call for $1.5 trillion in additional tax cuts in the budget resolution they advanced in a party-line vote on Thursday. The GOP has come under fire for using an accounting trick to claim their proposed tax cuts would have no budgetary impact.
"The Republican handouts to billionaires and corporations will come at a staggering cost, and it's unconscionable that their plan to pay for those handouts includes kicking millions of Americans off their health insurance, hiking the cost of living with tariffs, and driving up child hunger," Sen. Ron Wyden (D-Ore.), Sen. Jeff Merkley (D-Ore.), Rep. Richard Neal (D-Mass.), and Rep. Brendan Boyle (D-Pa.) said in a joint statement issued in response to the JCT figures.
"Even after making painful cuts that will inflict hardship on typical American families, Republicans will still risk sending us into a catastrophic debt spiral that does permanent harm to our economy," the Democrats added. "What Republicans are trying to jam through Congress right now is a level of economic recklessness we've never seen before."
The JCT's updated cost analysis came as President Donald Trump plowed ahead with what's been characterized as the biggest tax hike in U.S. history, one that will hit working-class Americans in the form of price increases on household staples and other goods.
Trump administration officials, not known for providing reliable numbers, have claimed the president's sweeping new tariffs could produce roughly $6 trillion in federal revenue over the next decade. The Trump tariffs have sent financial markets into a tailspin, heightened recession fears, and prompted swift retaliation from targeted nations, including China.
In an appearance on MSNBC on Thursday, Boyle—the top Democrat on the House Budget Committee—said Trump's tariffs represent "the single largest tax increase in American history."
"It's a tax that everyone will pay in this country, based on the goods that they buy," said Boyle. "However, it's also a tax that is highly regressive—the poorest amongst us will end up paying a higher percentage of their income."
A previous version of this story incorrectly stated the analysis was conducted by the Congressional Budget Office. It was conducted by the Joint Committee on Taxation.