We Reap What We Sow: The Legal Liability Risks of Genetically Modified Food
Debra M. Strauss
Fairfield University - Charles F. Dolan School of Business
November 20, 2010
Journal of Legal Studies in Business, Vol. 16, pp. 149-177, 2010
Are the supposed benefits of genetically modified foods worth the risks? One of the most significant risks to consider is future liability from lawsuits, including lawsuits by and against farmers and/or biotechnology companies for possible harm and economic loss caused by bioengineered food crops. Most recently, the theory of liability for contamination has been successfully applied by the courts in the landmark LibertyLink® rice lawsuits on behalf of farmers whose fields have been contaminated with unwanted genetically modified organisms (GMOs) due to outcrossing and migration, imposing multimillion dollar jury verdicts on the biotech company for its negligence. In view of the scientific uncertainty and potential for harm, consumer claims for injuries may also arise in the future from the failure to warn of the presence of genetically engineered components. After exploring the potential liability of GMOs and analyzing significant cases, this article will discuss measures to manage these risks, proposing a regulatory approach of labeling, monitoring, and a stringent pre-market approval process; and legislation to mandate liability. Through this risk analysis, the industry might be persuaded that safety is good business to ensure that, in the long-run, they continue to reap what they sow.
Number of Pages in PDF File: 29
Keywords: GMOs, Food and Drug Law, Biotechnology, Genetic Engineering, Genetically Modified Organisms, Bioengineering, Genetically Modified Food, Litigation, Lawsuits, Torts, Product Liability, International Law, FDA, USDA, Environmental ContaminationAccepted Paper Series
Date posted: November 21, 2010 ; Last revised: November 10, 2012
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