Another Lawsuit Filed Against StarLink Maker Background
Posted 4th January 2001

The background needed for this story is that Aventis has said it will compensate farmers who grew Starlink. But it won't pay compensation to non-starlink growers who suffered related losses.

Foreground The genetically engineered corn that made news shortly after harvest is once again making headlines as a national class action lawsuit has been filed against its producer. This is the second such suit to be filed this month. StarLink corn, which Aventis CropScience produces, markets, and sold until this year, is not approved for human consumption, as it contains an insecticide protein (Cry9C) that may be allergenic to humans.

Recent tests have indicated that Aventis' StarLink corn product has been found in a number of corn-based food products, resulting in more than 300 product recalls. Wolf Haldenstein Adler Freeman & Herz LLP, together with the Cedar Rapids, Iowa law firm of Riccolo & Baker, P.C., filed a class action lawsuit Thursday in the United States District Court for the Northern District of Iowa, Cedar Rapids Division, on behalf of a nationwide class of farmers, against Aventis CropScience USA Holding, Inc., concerning the genetically modified, bio-engineered corn. As with the lawsuit filed earlier in December, this one also identifies the affected class as farmers who didn't raise StarLink corn. The lawsuit seeks nationwide class action status on behalf of all farmers who cultivated and harvested non-StarLink corn in the United States for commercial purposes from 1998 to the present.

The lawsuit alleges that there has been widespread contamination of the United States corn crop by the StarLink product, both through cross-pollination of corn crops in farmers' fields as well as in grain elevators and other corn storage facilities. It also alleges that this contamination was directly caused by Aventis' "intentional, reckless, and/or negligent" conduct. This resulted in substantial damages to members of the class by virtue of, among other things, losses in export and domestic markets for United States corn and the consequent decline in sales prices for United States' farmers' corn in these markets.

The case seeks compensatory and punitive damages from Aventis as well as injunctive relief which, if successful, would require Aventis to decontaminate all soil, farming equipment, storage equipment, harvest equipment, and other related farming implements to prevent further StarLink contamination. The suit would also require Aventis to immediately cease selling, marketing, and/or distributing its StarLink corn seed product until such time as the United States Environmental Protection Agency deems it safe for all uses. Or sales could resume if Aventis is able to demonstrate that it has developed EPA-approved safeguards to prevent the contamination, in any manner, of non-StarLink crops by the StarLink product. In fact, Aventis not only isn't selling StarLink; it has pulled the product and asked EPA to stop further work on registration.