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74 InterBusiness Issues | January 2015

Call Us Today: (309) 676-8986

Update: As of April 2015, more than 7,000 lawsuits had been filed against Syngenta. Anestimated 100,000 law suits are expected to be filed. The statute of limtations, the legaltime period to file your suit, is quickly approaching. If you believe you have a claim pleasecontact us immediately.

http://www.vltslaw.com/our-illinois-corn-producers.html

Our Illinois Corn Producers

Update: The time to file your claim against Syngenta is quickly approaching!

The statute of limitations, the legal time period to file your suit, is rapidly approaching. InIllinois, you have two years to file claims after an injury such as the economic injury thatyou have experienced due to Syngenta's premature commercialization of Syngenta. When the official "injury" occurs is not clear in our case. Did the injury occur when Chinarejected the first shipment of corn in November 2013 or did it not occur until Chinaessentially banned U.S. corn in February 2014? We are operating under impression thatthe injury first occurred in November 2013, so claims against Syngenta must be filed byNovember 19, 2015.

If you believe you have a claim, contact our office today!

The dedicated Syngenta Team of Vonachen, Lawless, Trager & Slevin is litigating onyour behalf. We represent you, only collecting a fee when we win. If you planted cornin Illinois during 2013-2014, you may benefit from the pending national lawsuit againstSyngenta. Please read on and contact us.

While you have heard from many attorneys wanting to represent you across the country,we at Vonachen would like to shake your hand before we file your case. While we hopeto meet you in person, we understand that now, your time is very limited and best spentreadying your fields. Because of that, our team in Peoria is available to answer your calldirectly.

Frequently Asked Questions about the Syngenta Lawsuit

We are available to handle your case by email, mail or phone; facilitating opencommunications every step of the way. We don’t have a mass processing center ortemporary intake help to move your claim through an impersonal system.

We are a dedicated team of Vonachen attorneys: M. Michael Waters, Michelle R. Eggert,Mark E. Wertz and Kerrianne L. Waters. We have partnered with respected AgricultureAttorney Jim Lucie and respected LaSalle Attorney Tom McClintock to assure we havethe best understanding of what our corn producers need.

If you would like to start a conversation, contact us to represent you. Email us if you wouldlike a town hall meeting in your county and we will be happy to take your questions, easeyour concern and give you the straight facts about the Corn lawsuit.

How We Got Here

In November of 2013, China, the third largest importer of U.S. Grain, refused a shipmentof U.S. corn after detection of a non-approved corn trait of GMO (genetically modifiedorganism) corn seed. This particular strain of GMO corn is known as Agrisure Viptera®, orMIR162 and is manufactured, marketed and sold by Syngenta. China has a strict approvalprocedure for GMO products, and knowing this, Syngenta failed to follow industrystandards and stewardship practices when it began marketing Agrisure Viptera®(MIR 162) to corn producers before the GMO seed was approved by major exportmarkets. Not only has Syngenta failed to take steps to mitigate the comingling of theAgrisure Viptera® seed with approved seed, therefore preventing all seed from being

refused, they misled U.S.producers as to the timeline ofChina’s approval of the AgrisureViptera® seed. Theseconscious actions continuedin the wake of the firstrefused U.S. corn shipment,leading to a drop in cornprices worldwide.

In February of 2014, Chinareceived another shipment ofU.S. corn and upon detection ofthe still unapproved AgrisureViptera® corn, China rejectedall current and future U.S. corn shipments apart from those that could be certified as freeof the unapproved Agrisure Viptera® corn. China’s zero tolerance policy for unapprovedGMO corn left U.S. corn producers trying, and failing, to differentiate corn shipments thatcontained Agrisure Viptera® corn; causing China to look elsewhere for supply, turning toBrazil among other grain providing countries.

Ultimately, by February 2014, the U.S. was shut out of the Chinese corn market. TheChinese corn market is and has continued to been seen as a valuable market, as quotedby Michael Mack, Syngenta CEO, referenced here in an American Association for Justicearticle.

Michael Mack, Syngenta’s CEO, publicly acknowledged that China’s “importrequirements [for food] alone influence global commodity prices.” Mackmade similar comments in July 2011 during a presentation on mid-yearfinancials, observing that China “continues to have the greatest impact onworld markets, with increasing imports of not just soybeans but also now ofcorn.”

The financial loss resulting from this ban - projected into the billions - affected cornproducers throughout the country. The corn prices fell to a low of $3.48/bushel. When bothCargill and Trans Coastal Supply Co. filed lawsuits against Syngenta for their profit losses,citing poor stewardship and misleading marketing as direct causes for the fall in U.S. cornprices, it became clear to the public that this was a massive financial hit to the grainindustry.

[Mark] Stonacek [president of Cargill Grain & Oilseed Supply Chain NorthAmerica] said that filing the lawsuit came only after talks with Syngentaproved unproductive. “This issue is important to U.S. agriculture,” Stonaceksaid. “Marketing MIR 162 before receiving approval from China closed offthat significant export market to U.S. farmers and exporters. Cargill believesthat Syngenta continues to not accept its role in shared responsibility bymoving ahead this year with the commercialization of Duracade, which alsois not approved in China and other key export markets.” Mark Klein, “Cargill sues

Syngenta over unapproved corn trait”

The LawsuitTo date, in addition to the suits filed by Cargill and Trans Coastal Supply Co., over 360corn producers have filed suits based on these facts. This has prompted a pendingnational lawsuit centralized in Kansas, with hundreds of individual corn producerscontinuing to seek counsel and join the suit.

The approval of Agrisure Viptera® by the Chinese Government, as reported by U.S.Secretary of Agriculture Tom Vilsack on December 17, 2014, does not impact thislawsuit or your projected settlement. Corn producers suffered a financial loss betweenNovember 2013 and the acceptance of U.S. corn shipments in China as a direct result ofmisleading marketing by Syngenta. Additionally, Agrisure Duracade®, another GMO seeddeveloped by Syngenta, is a combination of MIR 162 and another genetically engineeredevent known as event 5307. Agrisure Duracade® has not been approved by China and isstill being marketed and grown in the U.S.

How This HappenedYou did not have to have planted Agrisure Viptera® seed to have suffered afinancial loss or to join this lawsuit. All corn pricing was negatively affected due to thecomingling of seeds as a result of standard U.S. grain practices. Unless individual cornproducers designate the stream their corn goes into, all corn in the U.S. is gathered andstored without segregation. Thus, a small amount of Agrisure Viptera® corn can quicklyfind its way through elevators, barges, and grain transporters. This then causes the“contamination” scenario that occurred with last year’s corn shipments to China.

Due to China’s zero tolerance policy, the detection of Agrisure Viptera® corn in November2013 shipments and those after, warranted refusal of U.S. corn shipments. According tothe National Grain and Feed Association, the U.S. grain industry has suffered up to$2.9 billion in damages resulting from China’s refusal of all shipments, as the U.S.could not certify that shipments were free of unapproved seed.

Read the National Grain and Feed Association and the North American Export GrainAssociation's statement urging Syngenta to Suspend Commercialization of VipteraCorn here.

Take ActionPlease contact us if you believe you have suffered financial losses due to the drop in cornprices between November 2013 and December 2014.

FACTS

What is Agrisure Viptera®?Agrisure Viptera® is a genetically modified corn trait utilizing the event MIR 162,which had been approved for planting in the U.S. prior to foreign approval. It claimsto offer the broadest spectrum of above ground insect control, including blackcutworm, corn earworm, and the western bean cutworm. Syngenta advertises thatthis corn trait offers a reduction in insects affecting the corn, ultimately leading toimproved grain quality.

What is Agrisure Duracade®?Agrisure Duracade® is another genetically modified corn trait engineered andcurrently marketed by Syngenta. Agrisure Duracade® is marketed to treat rootwormproblems. Similar to Agrisure Viptera®, Agrisure Duracade® has been approved forU.S. planting but at this time the Chinese market has not approved the use of event5307, present in Agrisure Duracade®.In March of 2013, Syngenta applied for China’s approval of AgrisureDuracade®, with no approval yet pending. Because this seed was planted in theU.S. it may contaminate the U.S. corn exports just as Agrisure Viptera® did before itwas approved, and additional shipments of corn to China may be susceptible torejection.

Syngenta Counterclaims News outlets have mentioned Syngenta is considering counterclaims in this lawsuit.This means they say they are considering suing the corn producers they areaccused of harming. At Vonachen, Lawless, Trager & Slevin, we agree with thelead Litigators on this case that these counterclaims will not put our clients atrisk.

Related Links

Department of Agriculture Notice of Availability of Petition and Assessment forDetermination of MIR 162

Syngenta's Petition for Determination of Nonregulated Status for Insect-ResistantMIR162 Maize Submitted August 31, 2007

December 2009 Draft Environmental Assessment of Syngenta's Insect ResistantMIR162 Corn

Plant Pest Risk Assessment for MIR162 Corn

Department of Agriculture Determination of Nonregulated Status for MIR162Effective April 2010

National Environmental Policy Act Decision and Finding of No Significant Impactfor Syngenta MIR 162

Why Vonachen?We have experience in multi-district litigations similar to this suit, are trusted byCentral Illinois and have personal ties to the farmland and crop jeopardized bySyngenta. We are steadfast in our dedication to this lawsuit and are up to the minutewith the findings of the centralized case in Kansas. We navigate the mass actionfor you, from Peoria, so you may concentrate on this upcoming crop year.

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