This article originally appeared on Care2.
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, 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.
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.
Monsanto’s Bullying Tactics
In 2008, Vanity Fair published an investigative report on Monsanto’s tactics. “Monsanto’s Harvest of Fear” charges:
Judge Buchwald ignored some of the farmers’ concerns. She was silent on the issue of Monsanto seed’s contaminating organic fields. She also did not address their contention that Monsanto’s patents were fraudulent.
OSGATO’s lead attorney, Daniel Ravicher, is quoted on the Food Integrity Now website as saying: “While I have great respect for Judge Buchwald, her decision to deny farmers the right to seek legal protection from one of the world’s foremost patent bullies is gravely disappointing.”
Plaintiffs have the right to take their case to the Court of Appeals so Judge Buchwald’s decision will likely not be the last salvo heard in the struggle between small farmers and Monsanto. Still, the outcome is disappointing. David went up against Goliath. In this round, Goliath won.