Seeds of Destruction
It didn't used to be like this. At one time, seed companies were just large-scale farmers who grew various strains for next year's crop. Most of the innovative hybrids and cross-breeding was done the old-fashioned way at public universities. The results were shared publicly.
"It was done in a completely open-sourced way," says Benbrook. "Scientists at the U.S. Department of Agriculture exchanged all sort of seeds with other scientists and researchers all over the world. This free trade and exchange of plant genetic resources was the foundation of progress in plant breeding. And in less than a decade, it was over."
The first crack appeared in 1970, when Congress empowered the USDA to grant exclusive marketing rights to novel strains — with the exception that farmers could replant the seeds if they chose and patented varieties must be provided to researchers.
But that wasn't enough. Corporations wanted more control, and they got it with a dramatic, landmark U.S. Supreme Court decision in 1980 that allowed the patenting of living organisms. The decision was intended to increase research and innovation. But it did the opposite, encouraging market concentration.
Monsanto, which declined an interview request for this article, would soon gobble up every rival seed company in sight. It patented the best seeds for genetic engineering, leaving only the inferior for sale as non-GM brands.
Syngenta and DuPont both sued, accusing Monsanto of monopolistic practices and a "scorched earth campaign." But instead of bringing reform, the chemical giants reached settlements that granted them licenses to use, sell, and cross-develop Monsanto products. (Some DuPont suits still drag on today.)
It wasn't until 2009 that the Justice Department, working in concert with several state attorneys general, began investigating the company for antitrust violations. But three years later, the feds quietly dropped the case. (They also ignored interview requests for this article.)
Dr. Peter Carstensen, a professor at the University of Wisconsin Law School, said some states were interested in pursuing the case and "some of the staff in the antitrust division wanted to do something, but top management — you say the word 'patent' and they panic."
Set the Lawyers to Stun
Historically, farmers were able to save money on seeds by using those produced by last year's crops for the coming year's planting. But because Monsanto owns patents on its genetically modified strains, it forces farmers to buy new seeds every year.
Armed with lawyers and private investigators, the company has embarked on a campaign of spying and intimidation to stop any farmer from replanting his seeds.
Farmers call them the "seed police," using words such as "Gestapo" and "Mafia" to describe Monsanto's tactics. The company's agents fan out into small towns, where they secretly videotape and photograph farmers, store owners, and co-ops; infiltrate community meetings; and gather information from informants. Some Monsanto agents pretend to be surveyors. Others confront farmers on their land and try to pressure them to sign papers giving Monsanto access to their private records.
In one case, Monsanto accused Indiana farmer David Runyon of using its soybean seeds, despite documented fact that he'd bought nonpatented seed from local universities for years. While attempting to pressure Runyon, Monsanto's lawyer claimed the company had an agreement with the Indiana Department of Agriculture to search his land.
One problem: Indiana didn't have a Department of Agriculture at the time. Like most Monsanto investigations, the case never went to trial and would appear to be more about intimidation than anything. Runyon incurred substantial costs defending himself without having done anything wrong. In 2006, the Center for Food Safety estimated that Monsanto had pressured as many as 4,500 farmers into paying settlements worth as much as $160 million.
Yet Monsanto wanted even more leverage. So it naturally turned to Congress.
Earlier this year, a little-noticed provision was slipped into a budget resolution. The measure, pushed by Sen. Roy Blunt (R-Missouri), granted the company an unheard-of get-out-of-jail-free card, which critics derisively dubbed "The Monsanto Protection Act."
There have been some indications of adverse health effects, but Monsanto has largely kept its products from researchers. Long-term studies have been limited, but scientists have found greater prevalence of tumors and digestive problems in rats fed GM corn and potatoes, and digestive issues for livestock eating GM feed. Those who have published studies critical of GM have been besieged by industry-funded critics disputing their finding, assailing their professional reputations, and effectively muddying the water. The feds have never bothered to extensively study GM foods. Instead, they've basically taken Monsanto's word that all is kosher. So organic farmers and their allies sued the company in 2009, claiming too little study had been done on Monsanto's GM sugar beets.