After a Russian court approved the transfer to a housing development foundation of land outside St. Petersburg where more than 6,000 varieties of fruits and berries are grown, scientists fearing the loss of a major seed bank were reportedly heartened to learn that President Dmitry Medvedev has taken an interest in the matter and ordered a review of the decision. An earlier report about the court ruling appears in Issue 360 of this Update. The foundation has also reportedly postponed a planned auction of part of the land and will have an independent expert audit conducted to assess the uniqueness of the plants growing there and how much acreage is involved. Interested parties are apparently seeking a compromise; the auction may be delayed for five to seven years to allow the plant collection to be relocated. See Science, August 20, 2010; Sciencemag.org and Global Crop Diversity Trust, September 10, 2010.
Category Archives Global Courts
After Chinese food safety authorities recently found milk powder laced with melamine, police have reportedly arrested three officials from the Dongyuan Dairy Factory in Qinghai province and three dairy suppliers from Hebei province. Another 41 suspects have apparently been detained. More than 225 tons of contaminated milk powder have been seized, and authorities believe it is leftover from the batches of melamine-tainted milk powder that should have been destroyed in 2008 when a massive contamination scandal sickened more than 300,000 children and was linked to the deaths of six infants. Producers added melamine to milk powder to increase its protein content, but the required protein level in dairy products has since been reduced to discourage the use of additives. According to a press report, investigators are seeking evidence that local oversight authorities may have been derelict in their duties and will punish those found responsible. Chinese consumers have reportedly lost confidence…
A Russian court has reportedly given the green light to a housing development agency to build houses on a field where thousands of rare berries and other fruits have been preserved since the 1920s. The Pavlovsk Experimental Station, located near St. Petersburg, was apparently developed to serve as an historic gene bank. Scientists over the years have deemed the facility so important that 12 reportedly starved to death during the World War II siege of Leningrad rather than eat the plants they were saving. Some 90 percent of the station’s more than 5,000 plant varieties exist nowhere else and many cannot be grown from seed. The research institute that operates the station reportedly plans to appeal the ruling to the Russian Supreme Arbitration Court. See The Los Angeles Times, August 10, 2010; TheAwl.com, August 11, 2010.
The Ninth Circuit Court of Appeals has imposed a suspension, a formal reprimand and fines on several attorneys who attempted to enforce in U.S. courts a $489 million default judgment entered by a Nicaraguan court against a business entity that did not exist for allegedly exposing hundreds of banana plantation workers to pesticides. In re: Thomas V. Girardi, Esq., Nos. 08-80090, 03-57038 (9th Cir., decided July 13, 2010). The litigation in Nicaragua had been filed against “Dole Food Corporation” and “Shell Oil Company,” but should instead have named “Dole Food Company” and “Shell Chemical Company.” According to the court, “In a high-stakes gamble to enforce a foreign Judgment of nearly a half billion dollars, Respondents initiated and directed years of litigation against Defendants. Respondents efforts went beyond the use of ‘questionable tactics’—they crossed the line to include the persistent use of known falsehoods.” Those falsehoods included that (i) “Dole Food Company…
According to a news source, the Peruvian Superior Court has agreed to hear an appeal filed by a medical sciences biotechnologist convicted of defamation by a lower court for criticizing another scientist whose research allegedly showed that genetically modified (GM) maize had been illegally planted in a valley on the Peruvian coast. The researcher, Antonietta Gutierrez, apparently chose to seek redress through the courts when her work was questioned by Ernesto Bustamante, vice president of the Peruvian Association of Biologists, an undertaking that has drawn condemnation from the nation’s scientists. Claiming that “the verdict destroys the integrity of science,” they have urged other scientists to sign a declaration in support of Bustamante, claiming that the law explicitly exempts scientific critiques from defamation’s scope. See Crop Bulletin Update, May 20, 2010.
The European Union (EU) and Argentina have apparently reached an agreement in a dispute before the World Trade Organization (WTO) involving genetically engineered products and the application of biotechnology to agriculture. The agreement, which provides for the establishment of a regular dialogue on these issues, follows a similar agreement the EU struck with Canada, which, along with Argentina and the United States, challenged the EU’s legislation on biotech products. The WTO dispute settlement body previously found that the EU violated international agreements by applying a general de facto moratorium on the approval of genetically modified organisms (GMOs) from 1999 to 2003 and imposing undue delays on the approval of 23 product specific applications. The WTO also found that six member states failed to base their national safeguard measures on appropriate risk assessment. According to EU Trade Commissioner Karel De Gucht, “This is the second settlement regarding the WTO case on…
According to a news source, a putative class action has been filed against retailer Loblaw and meat processor Siena Foods Ltd. following a listeriosis outbreak that sickened a number of Canadian consumers and led to a nationwide recall of salami and prosciutto products. While one press outlet has indicated that the bacterium which sickened two individuals has been matched genetically to the Siena meat, another reports that none of the recent five listeriosis-related deaths has been linked to Siena products. The lawsuit apparently alleges that Siena was aware of its products’ “potential toxicity” but failed to inform consumers, deciding instead to advise its distributors. Siena Foods is apparently closing its facility the weekend of March 20-21, 2010, to sanitize the plant. Meanwhile, the Canadian Food Inspection Agency is reportedly trying to hire new meat inspectors to increase its inspections of some 80 meat-processing plants. The United States requires inspections every…
A European Court of Justice adviser has determined that Monsanto Co. cannot seek royalties from a company that imported from Argentina soy meal containing residues of Monsanto’s patented gene. Case C-428/08, Monsanto Tech. LLC v. Cefetra BV (Op. of Advocate Gen. Mengozzi, delivered March 9, 2010). Monsanto has no patent on its Roundup Ready® soybeans in Argentina. In 2005 and 2006, the company had shipments of soy meal from Argentina impounded in Amsterdam harbor, and testing showed that it contained some of the seed traits that Monsanto has patented in the European Union (EU). The company then sued the importers for infringement, and a Dutch court hearing the dispute sought guidance from the EU tribunal. Disagreeing with Monsanto, which argued that its EU patent covers the DNA sequence, the adviser opined that under Directive 98/44, “a DNA sequence must be regarded as protected, even as a self-standing product, only where it…
A court in Carcassonne, France, has reportedly found French winemakers and traders guilty of deliberately and repeatedly mislabeling wine as a more expensive grape variety to get a better price from E. & J. Gallo under its Red Bicyclette® brand. French customs officials apparently discovered the swindle when they found that the amount of “pinot noir” sold to Gallo far exceeded what the region produced. According to a news source, the scam more than doubled the miscreants’ profits, which totaled some €7 million for 18 million bottles. The fines imposed ranged from US$2,050 to US$247,050, and the suspended jail sentences ranged from one to six months. The judge was quoted as saying, “The scale of the fraud caused severe damage for the wines of the Languedoc for which the United States is an important outlet.” A defense attorney reportedly said that no American customers complained about the fraud. See BBC News,…
A federal court in Washington has reportedly denied a feedlot company’s request to invalidate or delay implementation of the country-of-origin labeling (COOL) regulations adopted by the U.S. Department of Agriculture (USDA) in 2008. Easterday Ranches, Inc. v. USDA, No. __ (E.D. Wash., decided February 5, 2010). According to news sources, the company argued that the COOL regulations, which do not allow beef imported from Canada or Mexico and slaughtered in the United States to be labeled as a U.S. product, conflicted with U.S. Treasury Department rules, would raise its recordkeeping and operational costs, and deter packers from paying fair prices for Canadian cattle. The Treasury rules apparently provide that beef is deemed a U.S. product if it undergoes “substantial transformation,” e.g., slaughter, within this country. The court refused to postpone USDA’s rules and further declined to order the agency to create an exception to COOL allowing cattle imported from Canada and…
