Monsanto’s star continues to fall in 2010.
First, Forbes named Monsanto Company of the Year, only to admit it was “wrong, really wrong” about that one. Then, back in March, the Department of Justice and US Department of Ag started talking “monopoly” about Monsanto and launched a year-long “listening” tour to discuss such matters.
Now, look, even the state of West Virgina has started smacking Monsanto around. From St. Louis Today:
West Virginia’s attorney general is suing Monsanto Co. for refusing to turn over information to support claims that the company’s biotech soybeans are as good as promised.
Read up on West Virgina’s beef at St. Louis Today, if you like — the state is basically wondering if Monsanto can back up its claims of higher yield for Roundup Ready soybeans. But what really caught my eye was Monsanto’s reason for brushing off a subpoena to turn over sensitive documents: confidentiality. In short, Monsanto apparently doesn’t trust West Virginia Attorney General Darrell McGraw to be discreet, saying he “refused” to sign a protective order when he issued the subpoena:
“A protective order is a customary practice when intellectual property is involved,” Monsanto spokeswoman Kelli Powers said in a statement.
Monsanto: A state attorney general is calling? Um, really? Can they call back later? Cuz Bristol’s up next on Dancing.
It’s an interesting situation, no? Does a smaller state like West Virgina even have recourse against a Jolly Gene Giant like Monsanto without going to a higher court? Maybe:
The lawsuit, filed Monday in circuit court in Charleston, W.Va., seeks to force Monsanto to comply with the subpoena, and would prohibit the company from doing business in the state until it does.
Not bad. I mean, it is post-harvest, so it’s not exactly the seed buying time of year, but the attorney general is obviously trying to get someone other than a Monsanto spokeswoman to take his call. Furthermore, the AG’s office isn’t impressed with Monsanto’s request for added double-super confidentiality, saying,
…state law provides the confidentiality sought by Monsanto until there is an enforcement proceeding. The company asked for protection beyond what the law provided and without court oversight, [the WV AG office] said.
I admit, I’m not a legal expert in the slightest but this company’s cheek is infuriating. You have to wonder why Monsanto would diss an attorney general this way and risk even more bad PR in an already crappy year.
The subpoena, issued Sept. 2, seeks a range of information, including the names of the 20 largest seed companies that bought or license soybeans and the amount of annual payments received from each; copies of complaints about Roundup Ready 2 Yield soybeans; and documents related to efforts to switch farmers or seed companies to the new seeds.
Sure, this whole ignore-the-subpoena bit is probably nothing more than the first tactical delay in a withering war of attrition that ends up in a pro-corporatist Supreme Court.
But. Monsanto might also see this as the first few pebbles in an avalanche that ultimately breaks up the Monsanto seed empire into lots of little baby seed companies. Other state attorneys general are considering probes, I hear, and with the DOJ and USDA holding antitrust “listening tours,” well, the hour could be ripe for monopoly-busting.
Either way, good move, Monsanto. Ignore the phone and pretend you’re asleep.
