Syngenta Corn Class Action
In 2010, Syngenta began selling a genetically modified corn seed with the brand name “Agrisure Viptera”, which included a new insect-resistant genetic trait called “MIR 162”. In 2013, Syngenta began selling another genetically modified corn seed brand-named “Agrisure Duracde”, which also included MIR 162.
The claim alleges Syngenta sold these genetically modified corn seeds in North America before it should have because they not yet received import approval in China and failed to take reasonable steps to ensure the seed was sold in a manner that it did not contaminate the North American corn supply. As a result, the Claim alleges that China began rejecting North American corn shipments, creating a glut of corn on the North American market, resulting in significantly decreased corn prices.
View a copy of the Claim here.
Syngenta successfully brought a motion to dismiss the Claim on the basis it was bound to fail pursuant to the Pure Economic Loss Doctrine. That decision was overturned by the Ontario Court of Appeal and the Claim is able to move forward on the basis of an allegation of premature commercialization.
View a copy of the Ontario Court of Appeal decision here.
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