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Tue, 18 Mar 2003 05:34:34 -

News Update from The Campaign

Monsanto in the news

 

News Update From The Campaign to Label Genetically Engineered Foods

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Dear News Update Subscribers,

 

Monsanto had a tough year in 2002 and this year isn't going much better.

Monsanto stock lost about half its value last year and it dropped

another 15 percent on Friday.

 

The drop on Friday was triggered by an announcement that the Justice

Department is investigating Monsanto Co. for possible antitrust

practices in the herbicide industry.

 

Then on Saturday, the U.S. Department of Agriculture (USDA) said it may

impose strict requirements on Monsanto to make sure it does not sell

genetically engineered wheat until foreign markets accept it.

 

Posted below are three articles. The first one is titled " USDA mulls

strict rules for Monsanto biotech wheat. " The second and third articles

discuss the Justice department investigation over Monsanto's possible

antitrust practices regarding herbicides.

 

While Monsanto is having a hard time, we should not underestimate their

resiliency and ability to influence government agencies. The USDA knows

there is global opposition to Monsanto's desire to commercialize

genetically engineered wheat. So the USDA announcement is most likely

designed to diffuse the opposition to genetically engineered wheat

rather than damage Monsanto.

 

Since actions speak louder than words, time will tell whether or not the

USDA follows through on actually imposing restrictions on Monsanto's

genetically engineered wheat.

 

Craig Winters

Executive Director

The Campaign to Label Genetically Engineered Foods

 

The Campaign

PO Box 55699

Seattle, WA 98155

Tel: 425-771-4049

Fax: 603-825-5841

E-mail: label

Web Site: http://www.thecampaign.org

 

Mission Statement: " To create a national grassroots consumer campaign

for the purpose of lobbying Congress and the President to pass

legislation that will require the labeling of genetically engineered

foods in the United States. "

 

***************************************************************

 

USDA mulls strict rules for Monsanto biotech wheat

 

By Randy Fabi

 

WASHINGTON, March 15 (Reuters) - The U.S. Agriculture Department said on

Saturday it may impose strict requirements on Monsanto Co to ensure it

was abiding by its pledge not to sell biotech wheat until foreign

markets accepted it.

 

Monsanto's " Roundup Ready " wheat, which would be the first genetically

modified wheat in the world, is under review by the U.S. and Canadian

governments and could be approved for commercialization within the next

two years.

 

Critics have said consumer attitudes about genetically modified wheat

are so negative that both domestic and foreign buyers are likely to shun

all U.S. wheat if it is sold.

 

Even if the wheat is approved by the United States, Monsanto has

promised not to sell it until at least Canada and Japan accept it. The

St. Louis-based company said a secure segregation system must also be in

place to ensure the separation of genetically modified and traditional

wheat.

 

" We understand this is a sensitive issue and we will get the approvals

before we market any of these products, " Monsanto wheat expert Michael

Doane told a biotech advisory committee that advises the National

Association of Wheat Growers, U.S. Wheat Associates and Wheat Export

Trade Education Committee.

 

The new Monsanto wheat has been engineered to withstand herbicide so

weed control is easier for farmers. The United States is the world's

largest producer of biotech crops. Corn and soybeans are its biggest

sellers.

 

The USDA said Monsanto may have to meet certain requirements if and when

the government approves the product.

 

U.S. wheat exporters currently sell their wheat to foreign markets with

a USDA-approved statement saying no biotech wheat is commercialized in

the United States.

 

" If we are going to continue to issue a statement, we need assurances

that statement is correct, " said David Shipman, deputy administrator for

the USDA's Federal Grain Inspection Service.

 

USDA is considering a proposal to require that Monsanto submit to

independent audits " from the top all the way down " to ensure no biotech

wheat was being sold, Shipman said.

 

The company would also have to sign a statement before every marketing

year that it would not commercialize the genetically modified wheat. And

Monsanto would need to provide information so DNA testing could be

conducted by USDA.

 

Monsanto could face felony charges if it knowingly violates any of these

proposals, Shipman said. Monsanto said it was too early to comment on

USDA's proposal.

 

Monsanto field-tested Roundup Ready wheat on 35 acres (14.16 hectares)

in the United States last spring. Doane said it would plant some this

year in Montana, North Dakota, and perhaps Idaho.

 

Growers and environmental groups last week filed a petition with the

USDA demanding a moratorium on the Monsanto wheat.

 

03/15/03 18:58 ET

 

***************************************************************

 

Justice Department Opens Monsanto Probe

 

By JIM SUHR

..c The Associated Press

 

ST. LOUIS (AP) - The Justice Department is investigating Monsanto Co.

for possible antitrust practices in the herbicide industry, the

agricultural and biotech giant disclosed in a regulatory filing.

 

St. Louis-based Monsanto, maker of the best-selling Roundup weedkiller,

said in the Securities and Exchange Commission filing Thursday that the

probe involves ``possible anticompetitive conduct in the

glyphosate-based herbicide industry.''

 

Glyphosate is a key ingredient in Roundup.

 

Monsanto spokeswoman Lori Fisher said Friday the company believes that

the Justice Department has requested information from various glyphosate

marketers and distributors, and that Monsanto has cooperated with the

government's ``very broad-based'' request for information.

 

Fisher declined to discuss specifics of the inquiry, including when the

inquiry was launched or what details the Justice Department sought.

 

``From our standpoint, we believe we've acted appropriately, and we are

cooperating with their inquiry,'' she said.

 

Justice Department spokesman Blain Rethmeier declined to discuss the

matter or to confirm that the inquiry was launched, saying departmental

policy bars such comment.

 

Monsanto shares fell $2.51, or 15.1 percent, to close Friday at $14.07

on the New York Stock Exchange.

 

Monsanto's Roundup sales - the nation's best-selling herbicide - have

been under pressure since 2000, when the company lost U.S. patent

protection for glyphosate. In a filing Thursday with the SEC, Monsanto

said the patent expiration means the company would face increasing

competition to its Roundup herbicides, specifically from generic makers.

 

Monsanto said it has five to 10 major global rivals to its agricultural

herbicide products, with competition from local or regional companies

also potentially significant.

 

Given that, Monsanto said it historically has reduced Roundup prices in

various markets, in addition to offering discounts, rebates or other

promotional strategies to compete.

 

``However, there can be no guarantee that price reductions will

stimulate enough volume growth to offset the price reductions and

increase revenues,'' Monsanto said.

 

In a separate statement Friday, Monsanto reaffirmed its full-year 2003

earnings estimate and said it expected that as much of 90 percent of its

profits will come in this year's first half.

 

The company said it expects 2003 earnings to be $1.20 to $1.40 per

share, excluding the cumulative effect of new accounting standards of

roughly $15 million, or 6 cents per share.

 

Monsanto will release first-quarter earnings on April 30.

 

On the Net:

 

Monsanto Co., www.monsanto.com

 

03/14/03 18:32 EST

 

***************************************************************

 

Justice Dept. probing Monsanto antitrust issues

 

 

ST. LOUIS, Mo., March 14 (Reuters) - Agrichemical producer Monsanto Co.

said the government is investigating potential price fixing over the

basic ingredient of the company's top-selling Roundup weed killer.

 

Monsanto shares fell more than 15 percent on Friday following the

disclosure, which came in a securities filing late Thursday, even as the

company affirmed its profit outlook for the year.

 

" When in doubt, get out, " said R.T. Jones Capital analyst Juli Niemann,

who said the news of the Justice Department investigation caught an

already skittish investment community off guard.

 

Niemann said Monsanto's reaffirmation Friday of its 2003 earnings

guidance was meant to reassure the market, but did little to soothe

concerns.

 

" What they said in between the lines was 'we're ok, we're not reserving

for this...' which gives nobody any consolation at all, " she said.

 

Monsanto spokeswoman Lori Fisher confirmed Friday that the Department of

Justice had initiated an inquiry about " possible anti-competitive

conduct in the glyphosate industry, " glyphosate being the basic

weed-killing ingredient in Roundup.

 

Fisher said the government was seeking information from a number of

companies that make and distribute glyphosate, the basic ingredient in

Monsanto's top-selling Roundup herbicide. Last year, the company sold

some 38 million gallons of the Roundup weedkiller.

 

Fisher said the company believes it has acted " appropriately " and was

cooperating with the inquiry.

 

A Justice Department spokesman declined to comment on the matter.

 

Monsanto's patent on glyphosate expired three years ago and the

company's sales have been coming under increasing pressure from

competitive products and pricing.

 

Monsanto was named in a class action antitrust lawsuit filed in 2001

that alleges the company conspired with potential generic manufacturers

to prevent them from going into the market producing Glyphosate,

according to one of the lawyers who filed the case.

 

The case is pending before a U.S. District Court in Missouri, according

to Elizabeth Cronise, a lawyer with the firm Cohen, Milstein, Hausfeld &

Toll, PLLC.

 

The class action lawsuit also charges that, even before Monsanto's

patent expired, starting in 1998 the company conspired to allocate

market share for Glyphosate and another herbicide called Paraquat.

 

In the SEC filing, Monsanto said it has between five and 10 major global

competitors for its agricultural herbicide products, and competition

from local or regional companies " may also be significant. "

 

The company said in the SEC filing that while no single customer

represents more than 10 percent of its consolidated net sales, its three

largest U.S. agricultural distributors and their affiliates represented,

" in aggregate, 18 percent of our worldwide net sales in 2002, and 27

percent of our net sales in the United States. "

 

One major U.S. distributor and its affiliates " represented approximately

10 percent of the net sales " in 2002 for Monsanto's agricultural

productivity segment, which includes the glyphosate products, the

company said in its SEC filing.

 

The Justice Department probe comes after a year in which the St.

Louis-based company was rocked by market difficulties and upheaval in

its top management.

 

Monsanto's revenue stream has been heavily dependent on its sales of

Roundup herbicide and its other glyphosate family of products, but the

company has said it is trying to reduce its reliance on that market

because of competitive pressures.

 

The company saw revenues drop 14 percent in 2002 largely because of

lower prices and reduced sales of Roundup.

 

In addressing the market concerns Friday, Monsanto reaffirmed its

full-year EPS guidance to be in the range of $1.20 to $1.40. The company

also reiterated expectations for free cash flow in 2003 of $350 million

to $400 million.

 

Monsanto stock has lost about half its value in the last year as the

company has been rocked by a variety of market forces.

 

The stock closed at $14.07, down 15.14 percent in trading on the New

York Stock Exchange Friday.

 

Monsanto closed out 2002 with the unexpected resignation of President

and Chief Executive Hendrik Verfaillie in December. The company is still

searching for a new leader, leaving the business and investment

communities with numerous questions about the company's future.

 

03/14/03 19:15 ET

 

***************************************************************

 

If you would like to comment on this News Update, you can do so at the

forum section of our web site at: http://www.thecampaign.org/forums

 

***************************************************************

 

 

 

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