ARGENTINIAN FARMERS TAKE ON MONSANTO
AND PHILIP MORRIS OVER EPIDEMIC OF
BIRTH DEFECTS
April 13, 2012
WILMINGTON, Del. (CN)
Monsanto, Philip Morris and other U.S. tobacco giants knowingly
poisoned Argentinean tobacco farmers with pesticides, causing “devastating
birth defects” in their children, dozens of workers claim in court.
The farmers, on their own behalf and for their injured children,
sued Altria Group fka Philip Morris Cos., Philip Morris USA, Carolina Leaf
Tobacco, Universal Corporation fka Universal Leaf Tobacco Company, Monsanto,
and their affiliates and Argentine subsidiaries, in New Castle County Court.
The farmers grow tobacco on small family-owned farms in Misiones
Province and sell it to U.S. tobacco distributors. Most of Argentina’s tobacco
is grown in Misiones, a rural northeastern province.
The farmers claim the tobacco companies asked them to use
herbicides, pesticides and other toxic products made and distributed by
Monsanto, and assured them the products were safe.
They say the defendants “wrongfully caused the parental and
infant plaintiffs to be exposed to those chemicals and substances which they
both knew, or should have known, would cause the infant offspring of the
parental plaintiffs to be born with devastating birth defects.”
Birth defects cited in the 55-page complaint include cerebral
palsy, psychomotor retardation, epilepsy, spina bifida, intellectual
disabilities, metabolic disorders, congenital heart defects, Down syndrome,
missing fingers and blindness.
The farmers claim Philip Morris and Carolina Leaf used a tobacco
brokerage company, Tabacos Norte, to buy tobacco from the farmers and sell them
crop production supplies, including herbicides and pesticides.
Tabacos Norte, based in Misiones, was created by Carolina Leaf
and Philip Morris’ Argentine subsidiary in 1984, to produce tobacco fit for the
North and South American markets, according to the complaint.
The farmers say the tobacco companies that bought their crops
asked them to replace the native tobacco with a new type, used in Philip Morris
cigarettes, which required more pesticides.
They say the defendants pushed for excessive use of pesticides
and failed to warn them of the dangers or provide them with information or
protective gear.
ED: This icy legal logic being that if you provide them with
protective gear, you are aware that there is a problem beforehand. And how can you truthfully deny that of which
you are not aware?
Most farmers in Misiones used Roundup, a glyphosate-based
herbicide made by Monsanto, to kill weeds and clear tobacco fields, according
to the complaint.
Monsanto and Philip Morris told them to use glyphosate
frequently and in quantities beyond that necessary for effective weed control,
the farmers say.
“Monsanto defendants, the Philip Morris defendants, and the
Carolina Leaf defendants promoted the use of Roundup and other herbicides to
tobacco farmers in Misiones even though they were on direct and explicit notice
that at all relevant times farmers in Misiones, including the instant
plaintiffs, lacked the necessary personal protective equipment and other safety
knowledge and skills required to minimize harmful exposures to Roundup,” the
complaint states.
“What is more, at all relevant times Tabacos Norte, the Monsanto
defendants, the Philip Morris defendants, and the Carolina Leaf defendants did
not recommend protective measures to farmers and their families in Misiones. In
fact, aforementioned defendants actively recommended and/or required that
contracted tobacco farmers, including the instant plaintiffs, purchase
excessive quantities of Roundup and other pesticides.
“At all relevant times, defendants were on direct and explicit
notice that fruits, vegetables and farm animals designated for family
consumption would be contaminated with pesticides including Roundup if contract
farmers followed the defendants’ aggressive chemical application specifications
for tobacco cultivation.” Monsanto’s pesticides contaminated the farmers’
non-tobacco crops, water wells and streams meant for family use, exposing their
families to the toxic substances, the farmer say.
“The plaintiff tobacco farmers’ lack of training and instruction
on the safe disposal of unused Roundup and other pesticides caused further
exposure,” the complaint states. “Leftover pesticides were discarded in
locations where they leached into the water supply.”
The farmers claim their exposure to the pesticides caused their
children’s birth defects.
They claim that Monsanto and the tobacco companies, “motivated by a desire for unwarranted economic gain and profit,” ignored health risks associated with pesticides.
They claim that Monsanto and the tobacco companies, “motivated by a desire for unwarranted economic gain and profit,” ignored health risks associated with pesticides.
The farmers seek compensatory and punitive damages for
negligence, product liability, breach of warranty, ultra hazardous activity,
aiding and abetting, willful and wanton misconduct and violations of Argentine
laws.
Their lead counsel is Ian Connor Bifferato.
Via: Occupy Monsanto
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