Some GMO Corn Claims Dismissed.

The plaintiff, a global agribusiness company that produces agricultural chemicals and seeds, had one of its genetically-modified corn traits approved for sale in the U.S. and other countries.  However, the Chinese had not been approved the trait for import, and they rejected the import of all U.S. corn in the fall of 2013.  Exporters, handlers, elevators and corn farmers claimed that the company's marketing of the trait before being accepted in China caused the market price for corn fall from mid-2012 to late 2014.  In late 2014, the various lawsuits were consolidated into multi-district litigation in Kansas federal court.  The lawsuit asserted that the company violated the Lanham Act by misleading stakeholders, the public and federal regulators concerning the status of the trait and its release into the marketplace.  The suit also alleged that the company breached a duty of care by the premature commercializing of the trait without necessary safeguards and by instituting a program that ensured the contamination of the U.S. corn supply.  The company filed various motions to dismiss the numerous claims.  The court dismissed claims based on an alleged failure to warn to the extent based on a lack of warnings in materials accompanying the trait because those claims were preempted by FIFRA; trespass to chattels claims (except those claims filed in Louisiana); corn farmers' claims for private nuisance, Lanham Act claims and claims under the Minnesota consumer protection statutory provisions.  Not dismissed were negligence claims based on a legal duty exercise reasonable care in the manner, timing and scope of the commercialization of the trait.  In re Syngenta AG MIR 162 Corn Litigation, No. 14-md-2591-JWL, 2015 U.S. Dist. LEXIS 124087 (D. Kan. Sept. 11, 2015).