6-Genetech §§: Friends of the Earth UK warns GE directors of legal liability

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TITLE:  FoE Warns Directors of Legal Liability
SOURCE: sent by AgBiotechNet
DATE:   July 99

----------------- archive: http://www.gene.ch/ ------------------


FoE Warns Directors of Legal Liability

As part of its campaign to make the producers of GM food and
crops liable for any health or environmental damage they may
cause, Friends of the Earth (FoE) has written to the directors of
companies involved in producing and selling genetically-modified
food and crops. The FoE letter warns the directors that they may
face personal legal liability for any damage their products cause
to human health or the environment. FoE has sent letters to more
than 200 company directors including those from Monsanto, AgrEvo,
Novartis, Zeneca, and Plant Breeding International. Letters have
also gone to directors and chief executives of institutes
involved in GM development, including the John Innes Centre.

The letters state that "It is Friends of the Earth's considered
view that in addition to [the] company, [directors] personally
should be legally liable if damage is caused by the release of
GMOs. In our view you should not be able to hide behind a
corporate veil in this respect... We are also advised that you
would incur civil liability at common law if you have personally
authorised, directed or procured the commission of a civil wrong,
even though you may not be aware that the acts so authorised were
actionable... We will make this letter available to anybody who
might wish to bring legal proceedings at any time in the future
against you as a result of any damage they or the environment may
suffer as a result of the release of GMOs by your company... as
evidence that you have been put on notice of your potential
liability."

FOE has claimed that it has already received outraged replies to
its letter from GM company directors, and alleges that the
directors have been shaken by the prospect of liability ending up
at their front door. According to FoE, the law on liability for
the release of GMOs is not clear. The organization suggests that
if cross-pollination occurs, and a new hybrid plant is created,
for example a herbicide-tolerant weed, the extent of
environmental damage would be completely unpredictable, but could
be enormous.

The UK Government has asked the European Commission to consider
developing a liability regime to cover the release and marketing
of GMOs. But at present in the UK, liability for environmental
damage is covered by the normal rules of tort law, and there have
not yet been any cases to determine how these rules should apply
to GMOs. FoE has drafted a Genetically Modified Food and Producer
Liability Bill, introduced to the House of Commons by Alan
Simpson MP (Labour, Nottingham South). The Bill would ensure that
where liability is incurred by a company, directors would also be
liable unless they could show that they did everything in their
power to prevent the deliberate release or marketing which did
the damage.

Commenting on the campaign, FoE Food Campaigner Pete Riley said,
"It is quite clear that the absolutely fundamental issue of legal
liability for any damage caused by GM food and crops has not been
resolved. How can any responsible Government even consider
releasing GMOs into the environment until this question has been
answered? In the meantime, we are putting all directors of GM
companies on notice. Just because the law is not yet clear, do
not assume that you can avoid liability for any damage your
products may cause. We will do our bit to make sure that you foot
the bill. And that means not just your company. You personally.
Do you really want to take that risk?"

Contact:
Friends of the Earth, Information and Enquiries Unit
26-28 Underwood Street
London, N1 7JQ
UK
Tel: +44 (0) 171 490 1555
Fax: +44 (0) 171 490 0881
URL: http://www.foe.co.uk





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