July 23, 2014

Landmark Family Farmers Lawsuit Against Monsanto Grows

pin it button Landmark Family Farmers Lawsuit Against Monsanto Grows

15 Landmark Family Farmers Lawsuit Against Monsanto Grows

Landmark Family Farmers Lawsuit Grows

Prominent Allies Join Effort to Reinstate Challenge to Monsanto Patents

WASHINGTON, D.C. – July 17, 2012 – Eleven prominent law professors and fourteen renowned organic, Biodynamic®, food safety and consumer non-profit organizations have filed separate briefs with the Court of Appeals for the Federal Circuit arguing farmers have the right to protect themselves from being accused of patent infringement by agricultural giant Monsanto. The brief by the law professors and the brief by the non-profit organizations were filed in support of the seventy-five family farmers, seed businesses, and agricultural organizations representing over 300,000 individuals and 4,500 farms that last year brought a protective legal action seeking a ruling that Monsanto could never sue them for patent infringement if they became contaminated by Monsanto’s genetically modified seed. The case was dismissed by the district court in February and that dismissal is now pending review by the Court of Appeals. The plaintiffs recently filed their opening appeal brief with the appeals court.

29 Landmark Family Farmers Lawsuit Against Monsanto Grows

“Monsanto continues to claim that Plaintiffs’ concerns about being accused of patent infringement after being contaminated by Monsanto’s transgenic seed are unsubstantiated and unjustified,” said attorney Dan Ravicher of the not-for-profit legal services organization Public Patent Foundation (PUBPAT), which represents the plaintiffs in the suit against Monsanto known as Organic Seed Growers and Trade Association et al. v Monsanto. “But now two impeccable groups have joined with plaintiffs in explaining to the Court of Appeals how real and legitimate their concerns really are, especially since Monsanto continues to refuse to simply promise never to sue contaminated farmers for patent infringement.”

The first group filing a brief in support of the OSGATA plaintiffs includes eleven prominent law professors from throughout the United States, including Professor Margo Bagley of the University of Virginia School of Law, Professor Michael Burstein of the Benjamin N. Cardozo School of Law, Professor Rochelle C. Dreyfuss of the New York University School of Law, Professor Brett Frischmann of the Benjamin N. Cardozo School of Law, Professor Erika George of University of Utah S.J. Quinney College of Law, Professor Shubha Ghosh of the University of Wisconsin Law School, Professor Megan M. La Belle of the Catholic University of America Columbus School of Law, Professor Kali Murray of Marquette University Law School, Professor Ted Sichelman of the University of San Diego School of Law, Katherine J. Strandburg of the New York University School of Law, and Melissa Wasserman of the University of Illinois College of Law.

In their amicus brief, the law professors point out that, “broad standing to challenge the validity of patents ensures that the courts can effectively play their critical role in screening out invalid patents.” They add, “In actions challenging the validity of a patent, the alleged injury is not only the risk of an infringement suit, but a present restraint on economic activity due to the presence of a potentially invalid exclusive right.” The law professors went on to note, “But the validity of issued patents is uncertain until they are tested in court. This uncertainty creates real and present risks for persons wishing to engage in economic activity that might be the subject of an issued patent….When a person is deterred from undertaking valuable activity by the risk that the activity may encroach on another’s exclusive rights, that person has incurred an actual, concrete and particularized injury.”

“We are grateful for the brilliant and powerful amici briefs submitted to the appeals court by these two stellar groups, supporting our family farmers’ quest for justice,” said Maine organic seed farmer Jim Gerritsen, President of lead Plaintiff, Organic Seed Growers and Trade Association. “An erroneous interpretation of law by a single judge is not going to cause our farmers to abandon our rights to farm the way we choose, to grow good food and good seed for our families and for our customers, free from Monsanto’s trespass and contamination. Denial of the property rights of American farmers is an attack on the property rights of every American. We will fight until family farmers receive justice.”

The second group filing a brief in support of the OSGATA plaintiffs, made up of fourteen non-profit agricultural and consumer organizations, includes the Farm and Ranch Freedom Alliance, Biodynamic Farming and Gardening Association, Carolina Farm Stewardship Association, Food and Water Watch, International Organic Inspectors Association, Maine Alternative Agriculture Association, Michigan Land Trustees, Natural Environmental Ecological Management, Nebraska Sustainable Agriculture Society, Organic Consumers Association, Slow Food USA, Virginia Association for Biological Farming, Virginia Independent Consumers and Farmers Association, and Wisconsin Natural Food Associates.

In their amicus brief, the non-profit agricultural and consumer organizations point out, “The Plaintiff and Amici organizations, farmers, and seed businesses have suffered significant harm due to the threat of patent infringement suits by Monsanto.” They also noted, “Defendants have chosen to patent products that, by their very nature, will inevitably end up on the private property of people who have no desire to use them. Plaintiffs’ uncontroverted allegations show that, for the first time in history, they can be sued for something as natural as pollen drift, while simultaneously being forced to take expensive and burdensome steps in order to continue their normal businesses. The quandary of this type of liability is precisely the sort of situation that the Declaratory Judgment Act was intended to address.” The amicus brief further explained, “The Supreme court has stated that the plaintiff “need not ‘bet the farm’” yet in this case, that is precisely what the district court effectively required Plaintiffs to do in order to get their day in court – continue farming the disputed crops until they are unquestionably liable to Defendants for potentially crippling levels of damage before being able to seek a declaratory judgment as to their rights…The district court noted that ‘unlicensed – and unintented – use of transgenic seeds is inevitable…’ but then failed to address the fact that such unlicensed use is actionable and places Plaintiffs at risk of enforcement actions by Defendants.”

“It’s time to end Monsanto’s scorched-earth campaign of frivolous lawsuits against America’s family farmers,” said Dave Murphy, founder and executive director of Food Democracy Now!, a grassroots community of more than 300,000 farmers and citizens dedicated to reforming food and agriculture. “Monsanto’s claims against farmers for patent infringement are exceedingly weak, violating Americans’ most basic sense of fairness and decency. Our Founding Fathers would be outraged”, stated Murphy.

 

About OSGATA: The Organic Seed Growers and Trade Association is a not-for-profit agricultural organization made up of organic farmers, seed growers, seed businesses and supporters. OSGATA is committed to developing and protecting organic seed and it’s growers in order to ensure the organic community has access to excellent quality organic seed free of contaminants and adapted to the diverse needs of local organic agriculture. www.osgata.org

 

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Michigan Officials Destroy $5,000.00 of Good Organic Food from Family Farm

Michigan Officials Destroy $5,000.00 of Good Organic Food from Family Farm

The government-sponsored dump of nearly $5,000 of milk, eggs, butter, and cream from Michigan’s My Family Co-Op yesterday (July 21, 2014) carried a very clear and powerful political message to all Americans: We control your food and we don’t like you buying your food outside the corporate food system. Every now and then, we are going to remind you of what bad children you are being by taking your food and throwing it in the garbage. In fact, we are going to do more than remind you, we are going to completely humiliate you by preventing you from even feeding it to farm animals and instead forcing it to be disposed of in a landfill or dumpster.

If you think I am exaggerating the intent of what is going on here, ask yourself this question: When was the last time you saw government agents seize and condemn food from a place like Foster Farms or Taco Bell or Del Monte or Kellogg’s or Trade Joe’s when their food has been found to contain pathogens, or made people sick? There’s been not even a suggestion that food at My Family Co-Op contained pathogens or made anyone sick.

Michigan Officials Seize Private Food from Family Co-op

Michigan Officials Seize Private Food from Family Co-op

David Gumpert is reporting that agents from the Michigan Department of Agriculture and Rural Development pulled over the My Family Co-op’s refrigerated truck this week, and placed a seizure order on their private food which was being delivered to food club members. My Family Co-op operates a “herd-share” program that allows private club members to contract with them and share in the ownership of their farm operations to produce and deliver farm-fresh food.

These types of private food clubs are popping up all over the country, bypassing the commercial retail distribution of commodity food found in grocery stores. Big Ag, Big Dairy, and others are obviously opposed to such systems that allow farmers to sell directly to consumers, and use government regulations to go after peaceful farm operations trying to produce healthy food for those who want to bypass the commodity processed food market.

David Gumpert, however, brings up a good point in explaining that most ag inspectors that try to seize private food really have no police powers, and can be resisted. Some food clubs have successfully resisted some seizures, forcing government officials to get court sanctioned orders that can be enforced by law enforcement officials. They key is to know your rights and not be intimidated, and David Gumpert posted on his blog:

SIX WAYS TO PUT A STOP TO GOVERNMENT SEIZURES OF PRIVATELY-OWNED FOOD

Genetically “Tweaked” Chickens Suffer from Lack of Fertility: Is the End of Commercial Poultry Near?

Genetically “Tweaked” Chickens Suffer from Lack of Fertility: Is the End of Commercial Poultry Near?

A Reuter’s story this week is reporting that the world’s largest chicken breeder is suffering from rooster infertility due to genetic manipulation. The popular Ross male breed of roosters is used to produce as much as 25 percent of the nation’s chickens raised for meat (broilers). As a result, chicken production is down, and prices will continue to rise.

So what are these “genetic manipulations” causing these problems? There is supposedly no GMO chicken in the market, but chicken genome has been mapped since 2004. Has the public actually been eating GMO chicken for some time now? What is the future of the commercial poultry industry and their factory birds?

Is Glyphosate Responsible for your Health Problems?

Is Glyphosate Responsible for your Health Problems?

The use of Roundup and other related glyphosate-based formulas threaten human health. The widespread use of these toxic substances can be directly linked to dozens of degenerative and life threatening diseases. They are causing infertility, birth defects, and the death of unborn children. The effects are multigenerational. People who eat glyphosate contaminated food will produce children who are predisposed to many types of digestive dysfunctions, that is, if such couples are even able to conceive children.

We know for certain that glyphosate is toxic to human health. Of course, the chemical companies, the U.S. government, and agribusiness don’t agree. In the matter of food toxicity, we cannot depend upon government agencies to protect our health. The United States is rapidly going bankrupt, because of ballooning healthcare expenditures. As Americans, we are sick and getting sicker. The grand experiment which set out to feed us a low-fat high-carbohydrate diet is killing us. The grand experiment that uses fear to get people to take dozens of vaccines is destroying our immune systems. Glyphosate is adding its toxic burden to these other experiments by creating a food supply that is loaded with disease causing toxic chemicals.

Clearly the grand experiment on the entire U.S. population involving Roundup and GMO food is failing miserably. Nevertheless, chemical companies and manufacturers of genetically altered seed keep on pressing forward to invent even more toxic chemicals for their ever increasing number of modified seeds.

Study: Indiana Corn Pesticides Linked to Autism

Study: Indiana Corn Pesticides Linked to Autism

  Investigation: Indiana corn pesticides linked to autism By Alexis Gray Fox28 Excerpts: ELKHART – A recent UC Davis study found pregnant women living within a mile of  fields were pesticides were sprayed were 60 percent likelier to have a child with autism. Since that study was published, director of Notre Dame autism research lab

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