PepsiCo Sues Guj Farmers For Growing Potato Variety Used In ‘Lays’

The court observed that DNA of samples seized from the premises of farmers and DNA of the potatoes of Pepsico match.

(Photo: The Quint)

Nine farmers from Sabarkantha and Aravalli districts have been dragged to court by PepsiCo for allegedly growing a variety of potatoes called FC-5 potato, for which it has claimed Plant Variety Protection (PVP) rights.

The multinational giant has sought damages of Rs 1 crore from each of four farmers in its suit at a court in Ahmedabad, and Rs 20 lakh from each of the farmers sued at a district court in Modasa.

According to Live Law, PepsiCo alleged that farmers in Gujarat were illegally growing this breed of potato after obtaining its seeds from the licensed farmers of Pepsico in Punjab. The variety is used for making ‘Lays’ chips.

The court on 8 April had passed an ex-parte ad-interim order restraining the farmers from growing the potato variety, after observing that Pepsico had established a "prima facie case," Live Law reported.

The Court had also appointed a commissioner to prepare an inventory, take samples and send them to a government lab for analysis, following which, Friday, 26 April, was set as the date of hearing.

The court on Friday, observed that the DNA of the samples seized from the premises of the farmers and DNA of the potatoes of Pepsico match.

"If the plaintiff is not granted the ad-interim injunction,then the plaintiff would suffer irreparable loss. At this stage, if the ad-interim injunction is not granted in favour of the plaintiff, then the delay would defeat the justice", Live Law quoted the court order.

PepsiCo then told the court that the matter can be settled if the farmers refrain from using the registered variety or choose to obtain license from it for continuing the cultivation.

Advocate Anandvardhan Yagnik, appearing for the farmers, sought time to file reply. saying that he will get instructions from his clients regarding the matter by 12 June, which is the next date of hearing.

According to Live Law, the farmers groups have accused Pepsico of resorting to intimidating tactics.

“Indian farmers cannot be intimidated by MNCs who have been introducing GM seeds to our fields. They have been altering the biodiversity of the region and for us; it is important that farmers retain the right to own the natural diversity," Live Law quoted Kapil Shah of the Jatan Trust as saying. Jatan trust is an organisation dedicated to organic farming.

(With inputs from PTI and Live Law)