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1. peoriamagazines.com 21

2. 74 InterBusiness Issues | January 2015

5. Call Us Today: (309) 676-8986
Update: As of April 2015, more than 7,000 lawsuits had been filed against Syngenta. An
estimated 100,000 law suits are expected to be filed. The statute of limtations, the legal
time period to file your suit, is quickly approaching. If you believe you have a claim please
contact 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. In
Illinois, you have two years to file claims after an injury such as the economic injury that
you 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 China
rejected the first shipment of corn in November 2013 or did it not occur until China
essentially banned U.S. corn in February 2014? We are operating under impression that
the injury first occurred in November 2013, so claims against Syngenta must be filed by
November 19, 2015.
If you believe you have a claim, contact our office today!

6. The dedicated Syngenta Team of Vonachen, Lawless, Trager & Slevin is litigating on
your behalf. We represent you, only collecting a fee when we win. If you planted corn
in Illinois during 2013-2014, you may benefit from the pending national lawsuit against
Syngenta. 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 hope
to meet you in person, we understand that now, your time is very limited and best spent
readying your fields. Because of that, our team in Peoria is available to answer your call
directly.
Frequently Asked Questions about the Syngenta Lawsuit
We are available to handle your case by email, mail or phone; facilitating open
communications every step of the way. We don’t have a mass processing center or
temporary 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 Agriculture
Attorney Jim Lucie and respected LaSalle Attorney Tom McClintock to assure we have
the 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 would
like a town hall meeting in your county and we will be happy to take your questions, ease
your 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 shipment
of U.S. corn after detection of a non-approved corn trait of GMO (genetically modified
organism) corn seed. This particular strain of GMO corn is known as Agrisure Viptera®, or
MIR162 and is manufactured, marketed and sold by Syngenta. China has a strict approval
procedure for GMO products, and knowing this, Syngenta failed to follow industry
standards and stewardship practices when it began marketing Agrisure Viptera®
(MIR 162) to corn producers before the GMO seed was approved by major export
markets. Not only has Syngenta failed to take steps to mitigate the comingling of the
Agrisure Viptera® seed with approved seed, therefore preventing all seed from being

7. refused, they misled U.S.
producers as to the timeline of
China’s approval of the Agrisure
Viptera® seed. These
conscious actions continued
in the wake of the first
refused U.S. corn shipment,
leading to a drop in corn
prices worldwide.
In February of 2014, China
received another shipment of
U.S. corn and upon detection of
the still unapproved Agrisure
Viptera® corn, China rejected
all current and future U.S. corn shipments apart from those that could be certified as free
of the unapproved Agrisure Viptera® corn. China’s zero tolerance policy for unapproved
GMO corn left U.S. corn producers trying, and failing, to differentiate corn shipments that
contained Agrisure Viptera® corn; causing China to look elsewhere for supply, turning to
Brazil among other grain providing countries.
Ultimately, by February 2014, the U.S. was shut out of the Chinese corn market. The
Chinese corn market is and has continued to been seen as a valuable market, as quoted
by Michael Mack, Syngenta CEO, referenced here in an American Association for Justice
article.
Michael Mack, Syngenta’s CEO, publicly acknowledged that China’s “import
requirements [for food] alone influence global commodity prices.” Mack
made similar comments in July 2011 during a presentation on mid-year
financials, observing that China “continues to have the greatest impact on
world markets, with increasing imports of not just soybeans but also now of
corn.”
The financial loss resulting from this ban - projected into the billions - affected corn
producers throughout the country. The corn prices fell to a low of $3.48/bushel. When both
Cargill 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. corn
prices, it became clear to the public that this was a massive financial hit to the grain
industry.

8. [Mark] Stonacek [president of Cargill Grain & Oilseed Supply Chain North
America] said that filing the lawsuit came only after talks with Syngenta
proved unproductive. “This issue is important to U.S. agriculture,” Stonacek
said. “Marketing MIR 162 before receiving approval from China closed off
that significant export market to U.S. farmers and exporters. Cargill believes
that Syngenta continues to not accept its role in shared responsibility by
moving ahead this year with the commercialization of Duracade, which also
is not approved in China and other key export markets.” Mark Klein, “Cargill sues
Syngenta over unapproved corn trait”
The Lawsuit
To date, in addition to the suits filed by Cargill and Trans Coastal Supply Co., over 360
corn producers have filed suits based on these facts. This has prompted a pending
national lawsuit centralized in Kansas, with hundreds of individual corn producers
continuing 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 this
lawsuit or your projected settlement. Corn producers suffered a financial loss between
November 2013 and the acceptance of U.S. corn shipments in China as a direct result of
misleading marketing by Syngenta. Additionally, Agrisure Duracade®, another GMO seed
developed by Syngenta, is a combination of MIR 162 and another genetically engineered
event known as event 5307. Agrisure Duracade® has not been approved by China and is
still being marketed and grown in the U.S.
How This Happened
You did not have to have planted Agrisure Viptera® seed to have suffered a
financial loss or to join this lawsuit. All corn pricing was negatively affected due to the
comingling of seeds as a result of standard U.S. grain practices. Unless individual corn
producers designate the stream their corn goes into, all corn in the U.S. is gathered and
stored without segregation. Thus, a small amount of Agrisure Viptera® corn can quickly
find 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 November
2013 shipments and those after, warranted refusal of U.S. corn shipments. According to
the 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.

9. Read the National Grain and Feed Association and the North American Export Grain
Association's statement urging Syngenta to Suspend Commercialization of Viptera
Corn here.
Take Action
Please contact us if you believe you have suffered financial losses due to the drop in corn
prices 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 claims
to offer the broadest spectrum of above ground insect control, including black
cutworm, corn earworm, and the western bean cutworm. Syngenta advertises that
this corn trait offers a reduction in insects affecting the corn, ultimately leading to
improved grain quality.
What is Agrisure Duracade®?
Agrisure Duracade® is another genetically modified corn trait engineered and
currently marketed by Syngenta. Agrisure Duracade® is marketed to treat rootworm
problems. Similar to Agrisure Viptera®, Agrisure Duracade® has been approved for
U.S. planting but at this time the Chinese market has not approved the use of event
5307, present in Agrisure Duracade®.
In March of 2013, Syngenta applied for China’s approval of Agrisure
Duracade®, with no approval yet pending. Because this seed was planted in the
U.S. it may contaminate the U.S. corn exports just as Agrisure Viptera® did before it
was approved, and additional shipments of corn to China may be susceptible to
rejection.
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 are
accused of harming. At Vonachen, Lawless, Trager & Slevin, we agree with the
lead Litigators on this case that these counterclaims will not put our clients at
risk.

10. Related Links
Department of Agriculture Notice of Availability of Petition and Assessment for
Determination of MIR 162
Syngenta's Petition for Determination of Nonregulated Status for Insect-Resistant
MIR162 Maize Submitted August 31, 2007
December 2009 Draft Environmental Assessment of Syngenta's Insect Resistant
MIR162 Corn
Plant Pest Risk Assessment for MIR162 Corn
Department of Agriculture Determination of Nonregulated Status for MIR162
Effective April 2010
National Environmental Policy Act Decision and Finding of No Significant Impact
for Syngenta MIR 162
Why Vonachen?
We have experience in multi-district litigations similar to this suit, are trusted by
Central Illinois and have personal ties to the farmland and crop jeopardized by
Syngenta. We are steadfast in our dedication to this lawsuit and are up to the minute
with the findings of the centralized case in Kansas. We navigate the mass action
for you, from Peoria, so you may concentrate on this upcoming crop year.
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