Assignment
DIRECTIONS: Please answer specifically and cite the readings or articles provided to support your reasoning! BE SURE to follow these directions:
1. Answer each question completely - be careful not to skip any part of the question. Do not write an essay. Label and answer the questions.
2. Paper formatting
o Label each question and each part of each question.
o Insert page numbers and your name at the bottom of each page - use a "footer"as in "A. Suarez - P. 1"
o Use a file name that includes your name,e.g., "A.SuarezFINAL.doc"
3. PROOFREAD your work for spelling, grammar, and sentence structure. Errors count!
Your ability to answer the questions based on the readings logically and cohesively are key to an "A." Be careful to refrain from generalizations and/or making statements without any well reasoned back support. In short, I will be looking for smart, carefully organized work that flows from strong thesis sentences, well developed support AND logical conclusions.
1. Identifyissue(s):integrity? reputation? social responsibility?
2. Identify the decision-making model(s): universalist? Utilitarian?
3. Identify whether there is any bias? Corruption?
4. Complete and provide the results of a stakeholder analysis
5. Back up all of your ideas based on the readings, films, or other material.
You can write great answers! There can be more than "one" right answer: your job is to find the best answer for each question rather than "guess" what the answer to be. Back it up with the readings and videos.
BACKGROUND: Monsanto: GMO seeds and pesticides
GMO Seeds:
"Genetically modified organisms" (GMO) seeds appeared to be a good idea. As the biggest manufacturer ofseeds that are resistant to draught, diseases, and insects, the Monsanto company argued that it would develop better and more reliable crops, solve world hunger, and create solutions to global warming. As one of the world's largest producers of insecticides for the agricultural world, Monsanto believes it is uniquely qualified to produce insecticide resistant seeds as well as the pesticides to protect them.
Farmers find that this solution is more expensive. Traditionally, farmers collect seeds from year to year so that they don't have to buy new seeds. Sometime, seeds are traded among farmers. Monsanto's seeds are sold with the condition that the farmer will not save, trade, or sell them. When neighboring farms find that Monsanto seeds are carried by air onto their farmers, Monsanto wants to charge those farmers for seeds, even though they are not customers.
Parents, organic farmers, and awareness groups believe that Monsanto's seeds and pesticides are unfair to the consumer. They also cite evidence of lymphoma (cancer of the lymph nodes) from using Monsanto's weed killer, "Roundup" whose key active ingredient is "glyphosate."
SITUATION #1 GMO Labeling: how Vermont set the stage
The State of Vermont passed a law in 2014 requiring food companies to clearly label any products sold within the state as to whether the items had "GMO ingredients" or were made with "Non-GMO Ingredients." Implementation was set for July 1, 2016. California and other states had battled this issue with the food and beverage industries but their laws were more complicated. Vermont's law simply stated that as of July 1, 2016, any food made with GMO ingredients had to be clearly labeled.
The Grocers Manufacturers Associations and other trade organizations were pressed into action to get a bill through Congress that would prohibit states from making their own labeling laws about GMO ingredients. A lawsuit was filed by these trade organizations to stop Vermont because the differences among states were somehow unfair. The Food and Drug Administration only required that ingredients which might cause an allergic reaction such as peanuts or otherwise were clearly harmful. Industry took the position that no scientists have drawn that conclusion about GMO ingredients. They feared that consumers, however, would see the labeling as a warning.
The GMAalso argued that labelingis too expensive: new labels to satisfy one state would be meaningless. Yet more than 60 countries, especially in the European Union, require GMO labeling. [However, this GMO labeling effort was not the first time manufactured or processed food has required labeling. Pennsylvania's 1933 Baked Goods Safety Act was designed to regulate the cleanliness in environments where baked goods are produced "in house" in supermarkets or stores like Giant, Wegmans, or Acme. Most maufacturersadded these requirements to all of their packaging; even French made cookies with are labeled "Regd.Penna.Dept.Agri." ]
In the spring of 2016, some agricultural giants such as ConAgra and Nestle had already started to label products in anticipation of the Vermont law's implementation as well as other states moving toward GMO labeling. Consumer demand also played a part in these decisions. Notwithstanding any legal requirements or scientific necessity, the consumer trend toward healthier, less processed food, influenced these decisions. (seewww.Nestle.com, www.conagra.com, unilever.com - look under "Brands")
After the July 1, 2016 implementation date for the Vermont GMO labeling law passed, Congress passed a bill that had many of the same provisions as the Vermont law. The law stated that this would be a temporary measure for two years until the industry and stakeholders could negotiate a better national solution. However, it allows the use of technology such as QCR codes instead of a statement on the label stating that the produce is made from GMO ingredients.
Dicamba, the next Monsanto insecticide problem
Monsanto's Dicamba resistant seeds seem like a good solution: farmers who use these seeds believe they are free to use dicamba on their crops. But farmers in Tennessee, Arkansas, and Missouri have found that when dicamba "drifts" onto their crops, their crops have been killed.(BASF, Inc., has also been involved in the production of this pesticide.)Recently, Monsanto has offered cash to the farmers whose crops have been killed.
However, Dicamba "drifting" should not be a surprise because even the FDA warned about that problem when Dicamba was first introduced.
Bayer AG seeks to acquire Monsanto.
In mid-September, 2016, Bayer AG made a series of offers to acquire Monsanto. There are still some hurdles, including obtaining the approval of European Union's antitrust regulators. but the deal is scheduled to close in 2018.
Read these articles and answer the questions below:
1."The big Washington food fight" - are companies like Nestle abandoning the Grocery Manufacturer's Association (GMA)?
2. "How Little Vermont Got Big Food Companies to Label GMOs".
3. "GMO Labeling Law Roils Food Companies"First law in the U.S. requiring mandatory labels is set to go into effect on July 1 in Vermon.
4."Vermont Seeks Documents on GMOs from Seed Food Companies"https://www.wsj.com/articles/vermont-seeks-documents-on-gmos-from-seed-food-companies-1460752248
5."State's A Tough Cookie On Stamp Of Approval"
6. "FDA, pull Monsanto's new GE seeds off the market" Pesticide Action Network (PAN).
7. "These Maps Show How Much Farmland has been Damaged by Dicamba Drift"Modern Farmer.
8. "The Big Lie: Monsanto and the New York Times.
9. "Monsanto, BASF agree to new restraints on controversial herbicide blamed for crop damage".
10. "Monsanto's Weed Killer, Dicamba, Divides Farmers.
QUESTIONS ABOUT CHALLENGING THE STATE OF VERMONT'S GMO LAW
a) Who are the stakeholders that the Grocery Manufacturer's Association represented in their 2016 lawsuit against the State of Vermont? Monsanto, although not a named party (direct legal participant) in the lawsuit, has given significant funds to support the GMA lawsuit and has given money in similar cases in California. How does this financial support impact its status as a stakeholder? Is it somehow a "super" stakeholder? Why or why not? Does this situation raise the specter of collusion? What would Lynn Stout say?
b) Based on the 1933 Pennsylvania Baked Goods law as well as Nestle and ConAgra's decisions to label their GMO based products before the Vermont law was implemented, how would you evaluate Monsanto's ETHICAL position to oppose the Vermont law? Use the Deckop decision-making models to evaluate their decision. Next, look at Monsanto's reputation for social responsibility, using Stout, Friedman and Ma as your basis for evaluation.
c) The Food and Drug Administration (FDA) is responsible federal food labeling. Efforts in Congress to support GMO labeling were stymied before the Vermont law's scheduled effective date in July 2016. Although the political landscape changed that summer, the GMA and Monsanto argued that making GMO labeling a question of the First Amendment and "compelled commercial speech." Remember the Citizens United case? Is compelling manufacturers to label GMO-based foodstuffs asking grocery manufacturers to violate their First Amendment free speech rights? How? Is there a greater good that can be regarded as more important?
SITUATION #2: MONSANTO's LOBBYING
Monsanto, among other corporations, spends a significant amount on corporate lobbying. It has the reputation of spending more than all other agriculturally related businesses ("agri-business") to lobby members of Congress, to advertise, and influence public opinion about its businesses. Monsanto also develops non-GMO seeds and organic seeds as well as pesticides. Monsanto has a close relationship with then St. Louis Congressman Mike Pompeo who went on to become Director of the CIA. [There is now speculation that Mr. Pompeo will replace current Secretary of State Rex Tillerson.]
Read these additional articles:
1. "How Corporate Lobbyists Conquered American Democracy" by Lee Drutman.
2. "8 Ways Monsanto Fails at Sustainable Agriculture: #6, Union of Concerned Scientists.
3. "Monsanto in the middle of upcoming Congressional fight over GMOs" by Chuck Raaech.
QUESTIONS ABOUT CORPORATE LOBBYING:
1. Lobbying firms provide services that are purchased by firms like Monsanto or Bayer to actively promote their interests in Congress. Is there a point, however, when corporate lobbying means that client firms like Monsanto engage inunethical behavior? Monsanto was the largest contributor of outside funds into the lawsuit filed against the State of Vermont's GMO labeling by the Grocers Manufacturing Association, the International Dairy Association (plus several other groups). Later, Monsanto appeared to have influenced Congressman Mike Pompeo to introduce a bill. Many of its features survived into the bill eventually passed in the late summer of 2016. How did the "surviving features" such as allowing industry to use QCR codes instead of plain English labeling, show the influence of lobbying.
2. Define what an "ethical" standard of corporate lobbying would be if you had the chance to write it. Be sure to consider the role of corporate social responsibility and those authors who have written about it.
QUESTIONS ABOUT DICAMBA:
1. Do you see any differences in the ways in which Monsanto is trying to handle the complaints about dicamba rather than Round-Up (glyphostate)? When seeds drift, Monsanto wants payment from farmers who "benefit" from the drifting seeds. By contrast, when the insecticide Dicamba drifts, Monsanto has taken a different approach. Is Monsanto becoming more socially responsible? More proactive - or both?
SEXUAL HARASSMENT AS A COMPANY ETHICAL ISSUE - BEYOND COMPLIANCE WITH EEO LAWS
To the surprise of many companies in all industries, the secret that "high performers" who engage in sexual harassment or sexual assault have been protected is no longer a secret. The response in Philadelphia has been a series of "emergency" workshops about how employers can make sure that they are protected from allegations about their employees who may have engaged in sexual harassment or assault.
By contrast, making sure that you have a clear and well-published company policy against sexual harassment/assault is only a first response. It does not deal with the problem many women have experienced which is fear because their harassers have power over them.
If you were running a company, what would you write to address this component of the sexual harassment? Recently, a physician friend said to me that he is encouraging his 11 and 14 year old daughters to always "speak up." How do we get women employees of all ages and levels to feel comfortable reporting sexual harassment?
QUESTIONS ABOUT SEXUAL HARASSMENT AND THE BIAS
Make your answers specific and back up your reasoning!Use any of the articles or videos that we have used this semester in addition to the articles listed in the exam.
Text, call, or email me please with questions! If you are thinking, "what does Kathleen mean?"