Adapting to the Changing World of Biotechnology: Syngenta AG MIR162 Corn Litigation as Regulation-By-Litigation

The Shortcomings of Regulation Through Litigation in Biotechnology

“…45 This Framework is a "risk-based system to ensure that new biotechnology products are safe for the environment and human and animal health." 46 The Coordinated Framework allocates the responsibility of regulating biotechnology among three federal agencies: (1) the United States Department of Agriculture ("USDA"), (2) the Environmental Protection Agency ("EPA"), and (3) the Food and Drug Administration ("FDA"). 47 Under the Coordinated Framework, the USDA's primary role is the regulation of noxious weeds and plant pests that pose a potential risk to the agriculture industry.…”

Impact of the Chinese embargo against MIR162 corn on Canadian corn producers

“…In a notice, referring to China and the European Union, Syngenta stated that "we want to ensure the acceptance of any trait technology grown in Canada meets end-market destination requirements" (Polansek, 2014a). At issue was disruption to the U.S. corn market caused by the release of MIR162 prior to Chinese approval (Goeringer, 2017). The embargo led to increased availability of North American corn and a reduction in the price of corn received by North American farmers.…”

“…2591) on June 5, 2016, involving 440,000 farmers in Arkansas, Illinois, Iowa, Kansas, Missouri, Nebraska, Ohio, and South Dakota. At issue was disruption to the U.S. corn market caused by the release of MIR162 prior to Chinese approval (Goeringer, 2017). On June 23, 2017, a Kansas City jury awarded US$218 million to U.S. corn farmers.…”