Center for Food Safety Files for Injunction to Stop Planting & Processing

On January 19, 2010, the Center for Food Safety and the other plaintiffs in the Roundup Ready sugarbeet litigation filed a motion in Federal Court seeking a preliminary injunction to halt the planting and processing of Roundup Ready sugarbeets for both seed and sugar production. While there are no certainties in litigation, we believe the likelihood of the Judge granting their request for this extreme remedy is very low.

Our legal team has been anticipating and preparing for this motion for months. In fact we are surprised that it was not filed when this litigation commenced in early 2008. American Crystal (as part of the industry effort) will be vigorously responding to the plaintiffs' motion. Obviously, the potential implications of limiting the use of Roundup Ready sugarbeet seed and the processing of Roundup Ready sugarbeets are very significant to our industry and the domestic supply of sugar. Ironically, it is the potential for serious impact on the industry that reduces the risk that the plaintiffs' motion will be granted.

Be assured that we appreciate the importance of having Roundup Ready seed available for planting in 2010 and beyond. We are doing what we can to defend the industry's position and defeat the plaintiffs' motion. A hearing on the motion is expected to occur on or about March 5, in San Francisco. We will keep you advised of further developments as they arise.