"Before Druker, we had no hard evidence that our regulatory system was favoring industry," explains Gabriela Flora, program associate on Agricultural Biotechnologies, at the Minnesota-based Institute for Agriculture and Trade Policy.
By connecting the dots between U.S. regulators and industry, the hard evidence from the Druker case along with public outcry could put the breaks on the once fast-moving industry that the U.S. government has tried so hard to foster. Already, GM crop producers are reeling from partial and complete bans of GM crops throughout the European Union and Asia.
And in the U.S., where GM food fights have paled in comparison to sentiments expressed by Europeans, the tide is turning. Major food producers like U.S.-based Archer Daniels Midland have cut back on the use of GM foods or agreed to segregate and label these foods in their exports to Europe. The recent failure of the WTO negotiations, which were intended to reduce trade barriers, has forced the Clinton Administration to step back from its goal of broadening markets for GM products.
"People from the U.S. Trade Representative's office stand up and say we have the safest food supply and the strictest regulation in the world, but Druker is showing this isn't the case," says Flora. So countries that once questioned the integrity of the U.S. food supply and the integrity of U.S. regulators now have ample ammunition, thanks to Druker, to prevent GM foods -- produced mainly by U.S. corporations -- from entering their borders.
It is somewhat remarkable that an individual such as Druker would eventually have such an impact on the high-stakes development on the GM foods industry. As he describes it, his involvement began with a simple realization of serious ethical concerns. "What I could see was that there were plans to very quickly restructure a large percentage of the world's living organisms and that the U.S. government had given it a green light," Druker says.
In fact, a large community of government officials and scientists -- including Gordon Conway and Gary Toenniessen of the Rockefeller Foundation -- seemed to hold the same, favorable view. Druker said he was surprised to find that "these presumptions appeared to be dubious to eminent scientists who were not indentured to the biotech industry." Druker sought out these scientists, many of whom hold faculty positions at some of the most prestigious universities in the U.S. and Europe -- including the University of Minnesota, Northwestern University and the University of Leeds.
Before long, nine of these same scientists became plaintiffs in Druker's lawsuit. What makes their action unusual is that the atmosphere inhabited by molecular biologists and other scientists engaged in biotechnology research is a clubby one. Dissenting views about genetic engineering are discouraged, says Phillip Regal, professor of ecology, behavior and evolution at the University of Minnesota.
Regal is one of the plaintiffs in Druker's lawsuit. Having a negative view of biotechnology, Regal warns, can cost a researcher his chances at tenure, future employment in industry, and certainly can dry up his resources for research funding. The scientists joining Druker in suing the FDA have done so at great personal and professional risk.
Why are these scientists and Druker doing this? Because they take issue with the way in which the government, corporations, and a significant portion of the scientific community, appear to speak with one voice. That one voice consistently tells the public that the industry must move forward quickly to preserve the U.S. dominance in biotechnology. At the same time, it tells us not to worry -- government and industry have already taken care that public health and the environment will not be endangered as we move forward with this technology.
By suing the government, Druker feels he is getting at the major source of the biotechnology juggernaut. The publication of these documents, which Druker has gradually added to the Alliance for Biointegrity Web site since last summer, will have the effect for biotechnology that the tobacco papers had for the cigarette industry: Others will gain ammunition that can be used in later litigation and export restrictions on GM foods.
So in many ways, Druker has already won even before the final judgement is in on his case. "[The FDA memos] are out, and they can never be covered up again," he says. "If we cannot turn the tide against genetic restructuring within the bounds of science and law, perhaps economic realities will come into play."
Economic realities have struck. Last month, Novartis and AstraZeneca announced plans to spin off and then merge their agricultural businesses into a new company called Syngenta and Monsanto followed suit nearly two weeks later with Pharmacia Upjohn. The message in these moves is clear: The companies have taken enough of a financial bath with their investments in GM products and are, in a way, washing their hands of these ventures.