Lawyers for the corn syrup industry say American Crystal Sugar CEO David Berg would be a good witness in a lawsuit filed by sugar groups because he's not involved in litigation.
Berg is contesting a subpoena to testify in the federal suit filed in California in 2011 by sugar producers. The suit contends corn syrup marketers are making false claims that sugar and high-fructose corn syrup are nutritionally the same.
Berg's lawyer, David Bunde, said during a hearing Wednesday that American Crystal opted out of the suit because Berg preferred the issue be debated with the U.S. Food and Drug Administration.
Bunde also said other officials are better suited to testify.
Corn syrup lawyer Cornelius Murphy says Berg is a bystander and therefore has less bias than other sugar executives.