Could Monsanto Co.'s
mounting legal problems undo its agonizing but successful
transformation?
Once one of the nation’s top chemical companies, Monsanto spent
the past three years on a merry-go-round of changes in focus,
direction and management. Its identity crisis led to a two-year
fling with pharmaceutical giant Pharmacia Corp. (now Pfizer Inc.),
acquisitions of major agricultural seed brands Asgrow and DeKalb, a
stunning success with its farm weed-killer Roundup, and eventually a
foray into the growing but controversial field of genetically
modified crops.
Now, under the management of former COO Hugh Grant -- elected
president and CEO five-and-a-half nervous months after the departure
of Hendrik A. Verfaillie last December -- and finally independent of
Pharmacia, St. Louis-based Monsanto is articulating a clear, new
vision of itself for the future. Its emphasis will be on seeds
rather than chemicals. So far, the new plan is working, and the
stock market has applauded.
Monsanto nearly doubled its second-quarter earnings, handily
beating Wall Street estimates. Its seeds and genomics sales more
than doubled, while overall sales rose 8 percent. Its stock, already
at a heady price-earnings ratio of 52, jumped further. After years
of contraction, annual sales appear headed for a gain in 2003.
But on the heels of its best quarter in recent memory, Monsanto
swallowed bad news.
A Banc of America analyst estimated the company might face
pollution liabilities from its former chemical business amounting to
as much as $2.3 billion.
The gloomy prediction was based on an announcement by Solutia
Inc., the chemicals business spun off by Monsanto in 1997, that it
can't pay the cleanup costs and other claims arising from the
dumping of toxic waste near Anniston, Ala. It's alleged that over a
period of 40 years, until 1971, Monsanto discharged thousands of
pounds of polychlorinated biphenyls, industrial pollutants that have
been linked to cancer, into Snow Creek.
Solutia was found liable in February of 2002. If Solutia cannot
pay the damages awarded, liability will roll over to Monsanto, the
St. Louis Post-Dispatch reported last week.
Banc of America lowered the company’s rating from “buy” to
“neutral.” Other securities analysts piled on with their own
downgrades. The stock sagged, but didn't collapse. It's now selling
around $21, down 10 percent from its 52-week high in late July.
And Snow Creek may not be all. There's also a breach-of-contract
suit from former acquisition target Delta & Pine Land Co., and
in March the U.S. Department of Justice announced that it was
investigating Monsanto to determine whether it used marketing
techniques for its herbicides that violated U.S. antitrust law.
Public uncertainty about the safety of genetically modified crops
adds yet another challenge, some researchers have said, though so
far that affects only the company's foreign business.
But beyond these headaches lies a blossoming corporate focus on
the “seeds and traits” wing of the business. Monsanto’s seed
business consists primarily of corn, under the DeKalb brand, Asgrow
brand soybeans, and cotton, as well as designing genetically
engineered seeds with a variety of traits, including ubiquitous
Roundup Ready crops which are resistant to the company’s herbicide.
The company's major step in this direction was its acquisition of
DeKalb Genetics Corp., formerly DeKalb AgResearch, in DeKalb, for
both development and distribution of seeds. Monsanto's agricultural
products became the majority of its business in 1999.
The next year Monsanto merged with drug maker Pharmacia &
UpJohn Inc., which took control of Monsanto's G.D. Searle
pharmaceutical business, and the current Monsanto Co. was
incorporated as a Pharmacia subsidiary in October 2000.
The new Monsanto went public through an initial public offering
in October of 2000, although Pharmacia retained control until it
executed a spinoff to shareholders in August 2002.
Since then, the independent Monsanto's prospects, and its stock,
have moved slowly upward,as Monsanto has broken away from its former
dependence on herbicide sales, and begun to develop the potential of
its seed and genomics business.