Agriculture Reference
In-Depth Information
settlement without having to prove any actual harm other than
depressed corn prices.
A second scenario-type case that followed StarLink had a different
outcome, however. In
Sample v. Monsanto
,
52
the occurrence of pollen
drift from plantings of GM corn and soybean seeds made by Monsanto
caused a decline in prices of conventional crops, leading growers of such
crops to seek damages under Nuisance and Negligence theories. A fed-
eral court, applying the common law of the relevant state, dismissed the
case because that state's law bars use of these liability theories when the
only harm claimed is economic loss.
Thus, common law is complex and unpredictable because many legal
and factual variables influence outcomes, particularly when early cases
involving a new technology and new factual circumstances are being
brought to different courts. As a result, there is uncertainty about lia-
bility, which may cause some GM proponents to disregard precaution-
ary measures. However, it may cause others who are more risk-averse
or who have high name recognition in the volatile food marketplace, to
take the extra steps needed to minimize potential harm to avoid severe
business losses, tougher regulatory scrutiny of its future scientific stud-
ies, and loss of confidence among consumers, firms it does business with,
and investors. Thus, it would seem that uncertainty about common law
liability and other business losses is more likely to promote safety rather
than lessen it.
Conclusion
The United States relies on a relaxed regulatory scheme and a potentially
potent common law liability system to govern the safety of GM agricul-
ture and food. Under this approach, innovation and commerce involv-
ing GM seeds, crops, and foods have flourished without causing harm
to public health or serious environmental impact. The most troublesome
52
Sample v. Monsanto Co., 283 F.Supp.2d 1088 (E.D. MO 2003).
