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The Risks of Going Non-GMO Drew L. Kershen Earl Sneed Centennial Prof. of Law University of Oklahoma © 2003 Drew L. Kershen, all rights reserved.

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Presentation on theme: "The Risks of Going Non-GMO Drew L. Kershen Earl Sneed Centennial Prof. of Law University of Oklahoma © 2003 Drew L. Kershen, all rights reserved."— Presentation transcript:

1 The Risks of Going Non-GMO Drew L. Kershen Earl Sneed Centennial Prof. of Law University of Oklahoma © 2003 Drew L. Kershen, all rights reserved

2 The Risks The Risk of Product Liability -- Foods The Risk of Environmental Compliance -- Pesticides The Risk of Scientific Ignorance – Future Developments

3 Product Liability: Foods Restatement 3 rd Torts: Products Liability Sec.7 – food Sec. 2 – manufacturing defect Sec. 2 – design defect – reasonable alternative design Comment (g) rejects consumer expectation defense Sec. 2 – inadequate warning or instructions -- label Peanuts – significant % -- significant risk Hypo-allergenic peanuts Research is in test phases Not the only technology What defense for a food company? Shell Fish, shrimp, prawns – significant allergy Hypo-allergenic animals Laboratory research Soybeans, wheat

4 Environmental Risks -- Pesticides EPA re-evaluation Organophosphates Environmental harms Worker harms Registration revocation Best Management Practices Technology Forcing Standards Potato Farming Transgenic Potatoes Reduction in Pesticides Refusal to use – processors, food chains Contract clauses prohibiting agbiotech Prince Edward Island Fish kills Fearmongering Liability Theories

5 Risk of Scientific Ignorance: Future Developments Agricultural biotechnology Product Development Not just market share Science for Plaintiff’s lawyers Poverty Alleviation Impact on developing nations Transgenic potato and Bolivia

6 Conclusion Citations Drew L. Kershen, The Risks of Going Non- GMO, Oklahoma Law Review, 53:4 pp (2000) Howard J. Atkinson, et. al, The case for genetically modified crops with a poverty focus, Trends in Biotechnology, 19:3 pp (March 2001) Thank you


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