SHOREVIEW, Minn. — Forage Genetics Intl. (FGI), a leading global forage technology company, filed suit recently in U.S. District Court in Minnesota against Alforex Seeds for advertising claims regarding its Hi-Gest alfalfa.

 

In the suit filed April 17, FGI alleges Alforex falsely claims its Hi-Gest alfalfa seed is a low-lignin variety that is comparable or superior to FGI’s HarvXtra alfalfa reduced-lignin trait. FGI states emphatically  that research does not support that claim.

 

“We brought this suit because truth in advertising matters. As set forth in our suit, FGI believes that Alforex’s claims are not mere exaggerations, but are rather misrepresentations of important facts,” said FGI in a statement. “We also believe research demonstrates that Alforex’s claims are false and misleading. “In a recent university study by Sulc and colleagues, with support from FGI, Alforex’s Hi-Gest alfalfa was found to be comparable to conventional alfalfa varieties already on the market, while HarvXtra alfalfa exhibited superior performance. The paper was presented at the 2016 California Alfalfa & Forage Symposium.”

 

Alforex is a subsidiary of Dow AgroSciences, based in Indianapolis, Ind., and FGI, a subsidiary of Land O’ Lakes headquartered in Minnesota. 

 

“While we don’t comment on pending litigation, the important thing to focus on is what Alforex brings to our customers. Our dedicated and passionate team, with a pipeline backed by Dow AgroSciences, is bringing progressive alfalfa technology to help forage producers increase their productivity,” said Kenda Resler-Friend, communications leader for Dow AgroSciences.

 

Lignin increases in alfalfa plants as they mature, helping the plant stand up. But that same trait also inhibits livestock from easily digesting and absorbing the nutrients from the forage crop. According to court documents filed in the brief, FGI developed the reduced-lignin trait technology so that farmers can allow their alfalfa to grow longer in the field, increasing yield, without giving up quality. In 2015, FGI, in conjunction with Monsanto Co., commercially released this reduced-lignin trait with the brand name of HarvXtra.

 

Now, the company alleges Alforex is stealing market share by making false claims about having similar technology. Resler-Friend said Alforex will share information as it becomes available, saying the company remains committed to its customers and standards. In a 25-page complaint filed in court, FGI said Alforex’s marketing claims in advertising and promotional materials about its Hi-Gest alfalfa amounts to “unfair competition” under the Lanham Act. 

 

FGI is seeking damages of an unspecified amount for lost profits and costs of litigation and additional damages for allegedly spreading false information. Further, it said Alforex knowingly published false claims, which have confused seed dealers, farmers and journalists writing about the seeds. In so doing, FGI called Alforex’s conduct “malicious, wanton and/or fraudulent” in its complaint.

 

“We believe there is confusion in the marketplace about the ‘low-lignin’ claims made regarding Hi-Gest alfalfa, what it can accomplish in the field and how it compares to HarvXtra alfalfa,” said Shawn Barnett, FGI president. “Farmers should expect accuracy from seed companies. Factual information allows them to make informed decisions regarding their alfalfa seed choices and management practices.”

 

FGI said accuracy is critical to farmers because alfalfa is a perennial that is reseeded, with years in between. “FGI believes farmers expect and deserve accuracy from seed companies. Factual information allows them to make informed decisions regarding their alfalfa seed choices and management practices. Because farmers generally reseed only every few years, FGI believes it is critical to address this issue now,” FGI stated.