Spray Less & Control More, Stale Roundup Lawsuit, and other news to ponder

New Technology for an Old Spraying Problem

MIT researchers have developed new technology to keep pesticides on plant leaves instead of bouncing or running off during spraying. While countless surfactants and adjuvants have been created to address this age-old problem, this new technology promises to reduce application costs from 30% to 50% while providing better pest control than conventional methods. The researchers started the company, AgZen to commercialize the technology, consisting of two primary products: (i) AI-powered hardware bolted to sprayers and equipped with a camera that analyzes spray droplets in real-time, allowing operators to optimize the application, and (ii) and specialized nozzel equipment that “cloaks” droplets with adjuvants instead of mixing them in. The company has closed on a $10 million funding round. You can read more here.


New Claims on Old Roundup

A consumer class action lawsuit claiming that stale Roundup herbicide is a health hazard and the product should carry an expiration date was recently reinstated by the Ninth Circuit Court of Appeals. The lawsuit alleges that glyphosate degrades into N-Nitrosoglyphosate (NNG), a chemical that the EPA presumes to be carcinogenic at certain levels and which it limits to 1 part per million in pesticides. As glyhposate ages, it reacts with nitrates in the air, water, and environment to form NNG which increases in concentration over time. The lawsuit also alleges that Monsanto knew as early as the 1990s that NNG levels in their products could exceed federal safety limits, yet chose not to inform regulators or consumers.

The Ninth Circuit reversed the dismissal of the case, finding that the complaint allegations plausibly stated claims against Monsanto and Bayer. However, the appeals court affirmed the dismissal of the Scotts Company, a Roundup distributor, because the allegations did not demonstrate that Scotts knew of the wrongdoing.

You can read the court’s opinion here.


Cape Law Firm’s Frequently (or Randomly Asked Questions

“What are the ISF Rules for Dispute Resolution?”

The International Seed Federation (ISF) is a global non-profit organization that promotes uniform global trade rules and intellectual property protection in the seed trade. The ISF was created in 2002 through the merger of the Fédération Internationale du Commerce des Semences (FIS) and Association Internationale des Sélectionneurs pour la Protection des Obtentions Végétales (ASSINEL). The ISF has published standardized rules for commercial transactions involving seed and for resolving commercial disputes. The rules may be incorporated by the parties’ agreement into contracts involving the purchase and sale of seed.
The ISF Rules for Dispute Resolution provide a standardized set of procedures for the mediation, conciliation, or arbitration of disputes regarding a seed transaction. The rules provide for the selection of neutrals, locations, and timelines for resolving disputes with alternatives to court litigation.


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