The Monsanto Papers: MDL Glyphosate Cancer Case Key Documents & Analysis

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More than 100 lawsuits are pending against Monsanto Co. in U.S. District Court in San Francisco, filed by people alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma, and that Monsanto covered up the risks. The cases have been combined as multidistrict litigation under Judge Vince Chhabria. The lead case is 3:16-md-02741-VC. Additionally, at least 1,100 plaintiffs have made similar claims against Monsanto in state courts.

On March 13th, U.S. District Judge Vince Chhabria ruled — over Monsanto’s objections — that certain documents obtained by plaintiffs through discovery could be unsealed.

As of July 3, 2017, the schedule for adjudication of the MDL litigation is:
Close of Expert Discovery due by 9/22/2017.
Defendant’s Summary Judgment and Daubert Motions due by 10/6/2017.
Plaintiffs’ Cross Motions and opposition due by 10/27/2017.
Live testimony from witnesses set for 12/11/2017 through 12/14/2017 09:00 AM.
Summary Judgment and Daubert Hearing set for 12/15/2017 09:00 AM.

Jon Entine and Genetic Literacy Project Spin Chemical Industry PR

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Jon Entine, executive director of the Genetic Literacy Project, is a central player in Monsanto and the agrichemical industry’s public relations efforts to promote genetically engineered foods and pesticides and discredit critics. Entine portrays himself as a science journalist and an objective authority on issues important to the chemical industry. But the evidence shows that he is actually a longtime public relations operative with deep ties to the chemical industry, including undisclosed industry funding. His work features the defense of GMOs, pesticides, industrial chemicals, the oil industry, fracking and nuclear power.

Ties to Monsanto

Entine’s former PR firm promised to “address an unfilled frustration voiced by corporations.”

Entine founded ESG MediaMetrics, a communications firm whose clients included Monsanto and the Vinyl Institute.

A Le Monde investigation into Monsanto’s “war on science” in June 2017 describes the Genetic Literacy Project as “a propaganda site” and a key player in Monsanto’s communication and lobbying networks.

Plaintiffs’ attorneys suing Monsanto over glyphosate cancer concerns stated in a May 2017 brief that:

“Monsanto quietly funnels money to ‘think tanks’ such as the “Genetic Literacy Project” and the “American Council on Science and Health,” organizations intended to shame scientists and highlight information helpful to Monsanto and other chemical producers.

The evidence suggests that Genetic Literacy Project and Entine work closely with the agrichemical industry in hidden collaborations, and sometimes in ways that involve undisclosed funding.

According to emails obtained by US Right to Know, GLP published a series of pro-GMO papers written by professors that were assigned and promoted by Monsanto, with no disclosure of the corporation’s role:

  • The Boston Globe reported, Monsanto suggested the topic and headline for a professor’s paper “then connected the professor with a marketing company to pump it out over the Internet as part of Monsanto’s strategy to win over the public and lawmakers.”
  • In a September 2014 email, Monsanto executive Eric Sachs wrote to a professor with “proposed edits on your brief on the costs of regulations,” and told him “the primary outlet” for publishing the papers and “building a merchandising plan” with the public relations firm CMA would be Entine’s Genetic Literacy Project.

In 2014 and 2015, Genetic Literacy Project partnered with a Monsanto-backed groupAcademics Review, to sponsor the Biotechnology Literacy Project “Boot Camps,” a series of conferences designed to teach scientists how to “best engage the GMO debate with a skeptical public.” Reporters were told the funding for the 2015 BLP Boot Camp at UC Davis came from UC Davis, USDA, state money, and the Biotechnology Industry Organization (BIO) — in fact, the industry group appears to have provided all the funding, as Paul Thacker reported in 2017.  (See section on Entine’s funding for more.)

Entine was also linked to three pro-GMO journalists – Keith Kloor, Washington Post food columnist Tamar Haspel and New York Times reporter Amy Harmon – in FOIA documents obtained by U.S. Right to Know.

In a December 2013 email, Entine offered to take the lead on setting up a conference call with Monsanto and PR surrogates to discuss a documentary film idea.

Ties to Syngenta

The American Council on Science and Health (ACSH), a corporate front group funded in part by the agrichemical company Syngenta, published Entine’s 2011 book, “Scared to Death: How Chemophobia Threatens Public Health.” The book defends atrazine, a pesticide manufactured by Syngenta.

A 2012 Mother Jones article about Entine describes the circumstances leading up to the publication of the book. The article, by Tom Philpott, is based in part on internal company documents, obtained by the Center for Media and Democracy, describing Syngenta’s PR efforts to get third-party allies to spin media coverage of atrazine.

Entine says he had “no idea” that the pesticide company Syngenta was funding his book’s publisher ACSH.

In one email from 2009, ACSH staff asked Syngenta for an additional $100,000 – “separate and distinct from general operating support Syngenta has been so generously providing over the years” – to produce an atrazine-friendly paper and “consumer-friendly booklet” to help educate media and scientists.

ACSH’s announcement for Entine’s book:

“The American Council on Science and Health is pleased to announce a new book and companion friendly, abbreviated position paper … authored by Jon Entine, a scholar with the American Enterprise Institute and highly regarded science journalist … ACSH compiled this resource book and position to educate legislators, industry, media, consumers and parents on the actual risks of chemical exposure and use in everyday products.”

Entine denied any relationship with Syngenta and told Philpott he had “no idea” Syngenta was funding ACSH.

Attacks on Syngenta Critics  

In a 2014 New Yorker article, based on internal Syngenta documents, Rachel Aviv revealed how Syngenta’s public relations team plotted to “discredit” UC Berkeley Professor Tyrone Hayes, whose research suggests that the herbicide atrazine is associated with birth defects. In emails, Syngenta employees discussed a psychological profile of Hayes and searched for ways to “exploit Hayes’ faults/problems.”

A month later, Entine wrote an attack piece in Forbes describing Aviv’s story as a “botch puff piece” and calling Hayes “almost completely discredited.” Entine’s primary source was a “summary analysis” by University of Illinois Professor Emeritus Bruce Chassy, posted on Academics Review. Academics Review, which also partners with Entine to promote GMOs,  claimed to be an independent group started by independent scientists, but emails obtained by USRTK establish that Academics Review was set up with the help of Monsanto as a front group to attack people and groups who raise concerns about GMOs and pesticides.

The Murky Funding Trail to Entine and the Genetic Literacy Project

Entine’s funding history is complex and opaque, but tax documents and his own disclosures reveal a pattern of funding from anonymous sources and right-wing foundations that push deregulation and climate science denial, as well as undisclosed funding from the biotechnology industry.

Inaccurate, ever-changing “transparency” note 

The “financial transparency” note on the Genetic Literacy Project website is inaccurate, changes often and at times contradicts itself.

As of July 18, 2017,  the funding note claimed Genetic Literacy Project was housed under a nonprofit called Science Literacy Project, and received funding from the Templeton, Searle and Winkler foundations and the Center for Food Integrity (a food industry front-group with ties to Monsanto).

Three months earlier, in March 2017, GLP disclosed a $5,000 “pass through” for the Biotech Literacy Boot Camp from “Academics Review Charitable Association,” which appears not to exist. That group is apparently AcademicsReview.org, a front group closely affiliated with Monsanto. The disclosure said the money came from BIO, the biotechnology industry trade association. A September 2016 disclosure note reported $27,000 in “pass through” funds from Academics Review Charitable Association for the boot camps, but did not mention BIO.

The Academics Review partnership was removed from the GLP disclosure altogether after Paul Thacker reported on July 11 2017, that BIO had paid Academics Review over $300,000 for boot camps in 2014 and 2015 at UC Davis and the University of Florida that were co-sponsored by GLP. Industry appeared to be the only funder but Entine and his partner told journalists and scientists that the boot camps were partly funded by university and government sources.

The new funding note also misleadingly describes GLP as independent of the Statistical Assessment Service (STATS) and GMU, and does not disclose that STATS and its sister group CMPA paid Entine over a half million dollars between 2012-2016. In 2012, Entine claimed that he derived the bulk of his income from the Genetic Literacy Project, according to reporting by Tom Philpott.

In March 2016, Genetic Literacy Project made no financial disclosures at all and tried to distance itself from STATS. In 2012, the Genetic Literacy Project claimed it was affiliated with STATS.

Center for Media and Public Affairs/George Mason University

For the year ending June 2016, according to tax records, Entine received $173,100 for his work as “director” at Center for Media and Public Affairs, a group based at George Mason University and founded by GMU Professor Robert Lichter.

CMPA was paid by Phillip Morris in the 1990s to deflect concerns about tobacco, according to documents in the UCSF Tobacco Industry Library.

CMPA does not disclose its funders but has received funding from George Mason University Foundation — the leading recipient of donations affiliated with Charles Koch and Koch Industries. GMUF also received $5.3 million from Donors Trust and Donors Capital Fund between 2011-13, according to the Guardian. These funds channel money from anonymous donors including corporations to campaigns and academics who push industry interests, as Greenpeace demonstrated in an undercover investigation.

STATS – key player in chemical industry defense efforts 

CMPA’s sister group, also founded by Lichter and based at GMU, is Statistical Assessment Services (STATS). According to its IRS forms, STATS paid Entine $140,600 in 2012/2013 and $152,500 in 2013/2014 for his work as a “research consultant,” and $173,100 as “director” for the year ending June 2015. The tax records show that Entine received a total of $639,300 from STATS or CMPA between 2012-2016

CMPA has loaned money to STATS – a $203,611 loan in 2012 and a $163,914 loan in 2013, which “due to inadequate funding” has “not been reimbursed.” In those years, George Mason University Foundation gave CMPA grants in the amount of $220,900 in 2012 and $75,670 in 2013. GMU Foundation does not disclose the source of its funds.

Reporting in The Intercept, Milwaukee Journal Sentinel, The Atlantic and Consumer Reports portray STATS as a key player in the chemical industry’s PR efforts to defend its toxic products.

Biotechnology industry funding

The GMO-industry trade group, BIO, paid a total of $340,000 to fund Biotech Literacy Boot Camps at the University of Florida in 2014 and UC Davis in 2015 that were co-sponsored by the Genetic Literacy Project and Academics Review, which boot camp materials described as “an independent nonprofit organization.” In fact, Academics Review was set up as a front group  with the help of a Monsanto executive who promised to find funding for Academics Review “while keeping Monsanto in the background so as not to harm the credibility of the information,” according to emails obtained by US Right to Know.

The BLP Boot Camps were described as a “communication skills training” for scientists and journalists to help reframe the food safety and GMO debate, and promised to provide scientists with the “tools and support resources necessary to effectively engage the media and appear as experts in legislative and local government hearings, and other policy making and related outreach opportunities.”

Faculty at the first first boot camp included representatives from the agrichemical industry, food industry front groups and trade groups, and pro-GMO academics including University of Florida Professor Kevin Folta, and University of Illinois Professor Emeritus Bruce Chassy, both of whom have accepted undisclosed funding from Monsanto and promote the GMOs and pesticides that Monsanto sales rely upon. Washington Post food columnist Tamar Haspel, who also accepts money from agribusiness interests, was the journalist on faculty.

Climate science denier funders 

Major supporters of STATS and Entine’s group Genetic Literacy Project also include right-wing foundations – primarily Scaife Foundation, Searle Freedom Trust and Templeton Foundation – that are leading funders of climate science denial, according to a 2013 Drexel University study.

See USRTK investigation: Climate Science Denial Network Funds Toxic Chemical Propaganda.

Attacks on Critics of ExxonMobil

Entine attacked Harvard professor Naomi Oreskes, co-author of Merchants of Doubt, as “a populist Luddite, the intellectual Rottweiler of in-your-face, environmentalism, unduly wary of modern technology.”

Entine attacked Columbia Journalism School Dean Steve Coll and journalist Susanne Rust for their series reporting that Exxon knew for years that climate change was real but hid the science to keep revenues flowing.

In a follow-up attack, Entine accused Rust of having a “journalistic history” that raises “ethical and science questions.” He cited as evidence Rust’s award-winning investigative series on BPA that was short-listed for a Pulitzer Prize. The BPA reporting, he wrote, was “dead wrong.” He didn’t mention that the series outed his former group STATS as a “major player in the public relations effort to discredit concerns about BPA.”

Chemical Industry Defense Guy

For many years, Entine has been a prominent defender of chemical industry interests, following the industry playbook: he defends the chemicals as safe; argues against regulation; and attacks science, scientists journalists and others raising concerns.

Defending Neonicotinoids

Growing scientific evidence suggests that neonicotinoids, the most widely used class of pesticides, are a key factor in bee die-offs. The European Union has restricted neonics due to concerns about impact on bees.

Entine:

  • Accused European politicians of trying to kill bees by restricting neonics (Forbes).

Defending Phthalates

In August of 2012, Entine defended vinyl plastic backpacks that were found to be exposing children to phthalates.

  • Entine criticized an NBC reporter for “shoddy journalism” for raising questions about the safety of phthalates (Forbes).

Defending Fracking

Entine defends hydraulic fracturing (“fracking”), the pumping of high-pressure chemical-laced water into the ground to crack shale and extract natural gas. As in his many other messaging campaigns, Entine blasts science and scientists who raise concerns, framing them as “activists,” while making sweeping and indefensible statements about “scrupulous” science conducted over many years that defend its safety.

For example, Entine claimed: “From a scientific perspective, no reason exists to even suspect unknown health or environmental issues will turn up” from fracking (New York Post).

Entine also:

  • Accused New York Times reporters of misleading children about the potential environmental dangers of fracking (Forbes).
  • Attacked two Cornell University scientists for their study suggesting that fracking operations leak methane (Forbes).
  • Attacked the Park Foundation, claiming that it has “almost single-handedly derailed shale-gas development in methane-rich New York State, and put its imprint on public opinion and policy decisions around the country.” (Philanthropy Roundtable)

Defending BPA

Entine writes in defense of the chemical bisphenol A (BPA), despite a large body of scientific evidence raising concerns about its endocrine disrupting potential and other health problems associated with it. Canada declared the chemical to be toxic in 2010, and the EU banned BPA in baby bottles in 2011.

Entine:

  • Attacked “a small but determined group of university researchers, activist NGOs and journalists” raising concerns about BPA (Forbes).
  • Tells women who can’t get pregnant not to blame it on plastics (Forbes).
  • Challenged scientists linking BPA to heart disease (Forbes).

Defending Nuclear Power

Entine:

  • Criticized Harvard Professor Naomi Oreskes for pointing out the economic and environmental risks of nuclear power (Huffington Post).
  • Claims that nuclear power plants are environmentally benign and that “Nothing as bad as Chernobyl is likely to occur in the West” (Jon Entine).
  • Argued that Germany is “taking a gamble” by transitioning away from nuclear power (Ethical Corporation)

Fellowships

Entine was an unpaid fellow at the Center for Health and Risk Communication at George Mason University (GMU) from 2011-2014. Entine is also a former senior fellow at the UC Davis World Food Center’s Institute for Food and Agricultural Literacy, which does not disclose its donors, and a visiting fellow at the American Enterprise Institute, a DC think tank funded in part by corporate and dark money contributions.

See also, Greenpeace Polluter Watch page on Jon Entine and “the hidden story of the Genetic Literacy Project.”

University of Florida Sued for Failure to Release Public Records on Agrichemical Industry

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News Release

For Immediate Release: Tuesday, July 11, 2017
For More Information Contact: Gary Ruskin (415) 944-7350

Food industry watchdog group U.S. Right to Know filed a lawsuit today to compel the University of Florida to comply with public records requests about the university’s relationship with agrichemical companies that produce genetically engineered seeds and pesticides.

“We are conducting an investigation of the food and agrichemical industries, their front groups and public relations operatives, their ties to universities, and the health risks of their products, said Gary Ruskin, co-director of U.S. Right to Know. “The public has a right to know if and when taxpayer-funded universities and academics are collaborating with corporations to promote their products and viewpoints.”

On September 5, 2015, the New York Times published a front-page article, based on USRTK public records requests, about agrichemical industry ties to public university professors, including one from the University of Florida.

On September 3, 2015, USRTK requested emails sent from and received by the University of Florida via the pro-agrichemical industry listserver “AgBioChatter.” On March 7, 2016, the University of Florida provided 24 pages of emails, and on June 17, 2016 provided an additional 57 pages, but denied much of the request.  USRTK updated and renewed the public records request on July 16, 2017.

In addition, on October 27, 2015, USRTK requested emails about the agrichemical industry sent by Jack M. Payne, senior vice president for agriculture and natural resources at the University of Florida, to employees of the University of Florida Foundation.  On December 15, 2015, the University of Florida provided 42 pages of documents, but denied release of other responsive documents.

“We seek these records to learn more about the University of Florida’s collaboration with the agrichemical industry,” Ruskin said.

Around the time that the New York Times published the University of Florida Foundation’s food and agrichemical industry major donors, the foundation removed these disclosures from its website.

The USRTK investigation of the food and agrichemical industries has been covered in many news outlets, including the New York TimesBoston Globe, BMJ, the GuardianLe MondeSTATCBC and Mother Jones.

USRTK’s complaint for writ of mandamus against the University of Florida Board of Trustees is available at: https://usrtk.org/wp-content/uploads/2017/07/Petition-For-Writ-Of-Mandamus.pdf.  The complaint was filed in the Circuit Court of the Eighth Judicial Circuit, Alachua County, Florida.  The case is US Right to Know v. The University of Florida Board of Trustees.

More information about USRTK’s transparency litigation is at: https://usrtk.org/our-litigation/.

U.S. Right to Know is a nonprofit organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy. We promote the free market principle of transparency – in the marketplace and in politics – as crucial to building a better, healthier food system.

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The American Council on Science and Health is a Corporate Front Group

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The American Council on Science and Health is a front group for the tobacco, agrichemical, fossil fuel, pharmaceutical and other industries.

A leaked ACSH financial summary, released in 2013 by Mother Jones, revealed that the American Council on Science and Health receives funding from a large number of corporations and industry groups with a financial stake in the messaging ACSH promotes. The internal document further revealed that ACSH solicits corporate donations for specific product-defense science messaging campaigns. For example, the document outlines:

  • plans to pitch the Vinyl Institute which “previously supported chlorine and health report”;
  • plans to pitch food companies for a messaging campaign to oppose GMO labeling, and cosmetic companies to counter “reformulation pressures”; and
  • efforts to court tobacco and electronic cigarette (e-cig) companies.

Personnel

  • ACSH’s longtime “Medical/Executive Director” was Dr. Gilbert Ross.[2] In 1993, according to United Press International, Dr. Ross was “convicted of racketeering, mail fraud and conspiracy,” and was “sentenced to 47 months in jail, $40,000 in forfeiture and restitution of $612,855” in a scheme to defraud the Medicaid system.[3]
  • ACSH’s Dr. Ross was found to be a “highly untrustworthy individual” by a judge who sustained the exclusion of Dr. Ross from Medicaid for ten years.[4]
  • Hank Campbell took over ACSH leadership from convicted felon Dr. Gil Ross in June 2015. Campbell is a former software developer who started the website Science 2.0 in 2006. In his book, “Science Left Behind: Feel Good Fallacies and the Rise of the Anti Science Left” (2012), Campbell describes his background: “six years ago… I decided I wanted to write science on the Internet” and, “Six years ago, with nothing but enthusiasm and a concept, I approached world famous people about helping me reshape how science could be done, and they did it for free.”

Funding

ACSH has often billed itself as an “independent” group, and has been referred to as “independent” in the press. However, according to the internal ACSH financial documents obtained by Mother Jones:

  • “ACSH planned to receive a total of $338,200 from tobacco companies between July 2012 and June 2013. Reynolds American and Phillip Morris International were each listed as expected to give $100,000 in 2013, which would make them the two largest individual donations listed in the ACSH documents.”[5]
  • “ACSH donors in the second half of 2012 included Chevron ($18,500), Coca-Cola ($50,000), the Bristol Myers Squibb Foundation ($15,000), Dr. Pepper/Snapple ($5,000), Bayer Cropscience ($30,000), Procter and Gamble ($6,000), agribusiness giant Syngenta ($22,500), 3M ($30,000), McDonald’s ($30,000), and tobacco conglomerate Altria ($25,000). Among the corporations and foundations that ACSH has pursued for financial support since July 2012 are Pepsi, Monsanto, British American Tobacco, DowAgro, ExxonMobil Foundation, Philip Morris International, Reynolds American, the Koch family-controlled Claude R. Lambe Foundation, the Dow-linked Gerstacker Foundation, the Bradley Foundation, and the Searle Freedom Trust.”[6]
  • ACSH has received $155,000 in contributions from Koch foundations from 2005-2011, according to Greenpeace.[7]

ACSH features prominently in a July 11, 2017 article in the Progressive by Paul Thacker detailing the chemical industry’s PR campaign to spin journalists on GMOs and discredit environmental health concerns.  Although Monsanto denied funding other groups, Thacker reported, “Monsanto ignored repeated questions about their financial support for the American Council on Science and Health.” ACSH Director Hank Campbell responded with this comment about his corporate funding, “I don’t care. If a large food corporation, like Whole Foods, or a smaller one, like Monsanto, wants to buy an ad here, they can. We will cash that check.”

Ties to Monsanto

A 2017 Le Monde investigation into Monsanto’s “war on science” describes the American Council on Science and Health as a key player in Monsanto’s communication and lobbying network.

Plaintiffs’ attorneys suing Monsanto over glyphosate cancer concerns stated in a May 2017 brief that:

  • “Monsanto quietly funnels money to ‘think tanks’ such as the “Genetic Literacy Project” and the “American Council on Science and Health,” organizations intended to shame scientists and highlight information helpful to Monsanto and other chemical producers.

According to emails obtained by US Right to Know, Monsanto tapped ACSH to publish a series of pro-GMO papers written by professors and assigned by Monsanto.

  • In an August 2013 email, Monsanto executive Eric Sachs wrote to the professors: “To ensure that the papers have the greatest impact, the American Council for Science and Health is partnering with CMA Consulting to drive the project. The completed policy briefs will be offered on the ACSH website … CMA and ACSH also will merchandize the policy briefs, including the development of media specific materials, such as op-eds, blog postings, speaking engagements, events, webinars, etc.” The papers were eventually published and merchandized by Jon Entine’s Genetic Literacy Project.

Ties to Syngenta

In 2011, ACSH published the book “Scared to Death: How Chemophobia Threatens Public Health,” by Jon Entine, a longtime PR messenger for chemical industry interests. Entine’s book defends atrazine, a pesticide manufactured by Syngenta, which was funding ACSH.

A 2012 Mother Jones article about Entine describes the circumstances leading up to the publication of the book. The article, by Tom Philpott, is based in part on internal company documents, obtained by the Center for Media and Democracy, describing Syngenta’s PR efforts to get third-party allies to spin media coverage of atrazine.

In one email from 2009, ACSH staff asked Syngenta for an additional $100,000 – “separate and distinct from general operating support Syngenta has been so generously providing over the years” – to produce an atrazine-friendly paper and “consumer-friendly booklet” to help educate media and scientists.

A year and a half later, ACSH published Entine’s book with this release:

“The American Council on Science and Health is pleased to announce a new book and companion friendly, abbreviated position paper … authored by Jon Entine, a scholar with the American Enterprise Institute and highly regarded science journalist … ACSH compiled this resource book and position to educate legislators, industry, media, consumers and parents on the actual risks of chemical exposure and use in everyday products.”

Entine denied any relationship with Syngenta and told Philpott he had “no idea” Syngenta was funding ACSH.

Indefensible and incorrect statements on science 

ACSH has:

  • Claimed that “There is no evidence that exposure to secondhand smoke involves heart attacks or cardiac arrest.”[8]
  • Argued that “there is no scientific consensus concerning global warming. The climate change predictions are based on computer models that have not been validated and are far from perfect.”[9]
  • Argued that fracking “doesn’t pollute water or air.”[10]
  • Claimed that “The scientific evidence is clear. There has never been a case of ill health linked to the regulated, approved use of pesticides in this country.”[11]
  • Declared that “There is no evidence that BPA [bisphenol A] in consumer products of any type, including cash register receipts, are harmful to health.”[12]
  • Argued that the exposure to mercury, a potent neurotoxin, “in conventional seafood causes no harm in humans.”[13]

ACSH in the Media 

February 2017 letter to USA Today: Thirty health, environmental, labor and public interest groups wrote to the editors of USA Today expressing concerns that the paper is publishing science columns by members of the American Council on Science and Health without identifying  them as a corporate front group. The editors have so far declined to stop publishing the column or provide accurate disclosures about ACSH’s ties to corporations.

Footnotes

[2]Meet the ACSH Team,” American Council on Science and Health website.

[3]Seven Sentenced for Medicaid Fraud.” United Press International, December 6, 1993. See also correspondence from Tyrone T. Butler, Director, Bureau of Adjudication, State of New York Department of Health to Claudia Morales Bloch, Gilbert Ross and Vivian Shevitz, “RE: In the Matter of Gilbert Ross, M.D.” March 1, 1995. Bill Hogan, “Paging Dr. Ross.” Mother Jones, November 2005. Martin Donohoe MD FACP, “Corporate Front Groups and the Abuse of Science: The American Council on Science and Health (ACSH).” Spinwatch, June 25, 2010.

[4] Department of Health and Human Services, Departmental Appeals Board, Civil Remedies Division, In the Cases of Gilbert Ross, M.D. and Deborah Williams M.D., Petitioners, v. The Inspector General. June 16, 1997. Docket Nos. C-94-368 and C-94-369. Decision No. CR478.

[5] Andy Kroll and Jeremy Schulman, “Leaked Documents Reveal the Secret Finances of a Pro-Industry Science Group.” Mother Jones, October 28, 2013. “American Council on Science and Health Financial Report, FY 2013 Financial Update.” Mother Jones, October 28, 2013.

[6] Andy Kroll and Jeremy Schulman, “Leaked Documents Reveal the Secret Finances of a Pro-Industry Science Group.” Mother Jones, October 28, 2013. “American Council on Science and Health Financial Report, FY 2013 Financial Update.” Mother Jones, October 28, 2013.

[7]Koch Industries Climate Denial Front Group: American Council on Science and Health (ACSH).” Greenpeace. See also Rebekah Wilce, “Kochs and Corps Have Bankrolled American Council on Science and Health.” PR Watch, July 23, 2014.

[8] Richard Craver, “The Effects of the Smoking Ban.” Winston-Salem Journal, December 12, 2012.

[9] Elizabeth Whelan, “’Global Warming’ Not Health Threat.” PRI (Population Research Institute) Review, January 1, 1998.

[10] Elizabeth Whelan, “Fracking Doesn’t Pose Health Risks.” The Daily Caller, April 29, 2013.

[11]TASSC: The Advancement of Sound Science Coalition,” p. 9. Legacy Tobacco Documents Library, University of California, San Francisco. November 21, 2001. Bates No. 2048294227-2048294237.

[12]The Top 10 Unfounded Health Scares of 2012.” American Council on Science and Health, February 22, 2013.

[13]The Biggest Unfounded Health Scares of 2010.” American Council on Science and Health, December 30, 2010.

Why You Can’t Trust Henry Miller

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Henry I. Miller is perhaps the most prolific and best-known apologist for genetically engineered food and crops. He is the “the Robert Wesson Fellow in Scientific Philosophy and Public Policy at the Hoover Institution.”[1] He was the founding director of the FDA’s Office of Biotechnology. He has written numerous articles and op-eds in the Wall Street Journal, New York Times, Forbes and other news outlets in support of genetically engineered food, and against the labeling of it.[2] He was even featured in TV advertisements against Proposition 37, a ballot initiative for labeling of genetically engineered food in the State of California.[3]

Miller’s bio on the Forbes website proclaims: “I debunk junk science and flawed public policy.”[4] However, during the course of his life, Miller himself has often presented an agile defense of junk science and flawed public policy.

Funding

Defending the tobacco industry

  • In a 1994 APCO Associates PR strategy memo to help Phillip Morris organize a global campaign to fight tobacco regulations, Henry Miller was referred to as “a key supporter” of these pro-tobacco industry efforts.[5]
  • In 2012, Miller wrote that “nicotine … is not particularly bad for you in the amounts delivered by cigarettes or smokeless products.”[6]

Denying climate change

  • Miller is a member of the “scientific advisory board” of the George C. Marshall Institute,[7] which is famous for its oil and gas industry funded denials of climate change.[8]

Defending the pesticide industry

  • Miller defended the use of widely-criticized neonicotinoid pesticides and claimed that “the reality is that honeybee populations are not declining.”[9]
  • Miller has repeatedly argued for the re-introduction of DDT, a toxic pesticide banned in the United States since 1972, which has been linked to pre-term birth and fertility impairment in women.[10]

Attacking the organic industry

  • Miller’s recent activities include numerous attacks on the organic industry, including “The Colossal Hoax of Organic Agriculture” (Forbes), “Organic Farming is Not Sustainable” (Wall Street Journal) and “The Dirty Truth About Organic Produce” (Newsweek).
  • In May 2017, Miller claimed, “Organic agriculture is to the environment what cigarette smoking is to human health.” 

Defending exposure to radiation from nuclear power plants

  • In 2011, after the Japanese tsunami and radiation leaks at the Fukushima nuclear power plants, Miller argued in Forbes that “those … who were exposed to low levels of radiation could have actually benefitted from it.”[11] At that time, he even penned an article titled “Can radiation be good for you?”[12]

Defending the plastics industry

  • In an article in Forbes, Miller defended the use of the endocrine disruptor bisphenol A (BPA), which is banned in Europe and Canada for use in baby bottles.[13]

Henry Miller’s other activities

  • Miller was a trustee of the infamous industry front group American Council for Science and Health, according to the ACSH website.[14]

Excerpted from Seedy Business: What Big Food is Hiding With Its Slick PR Campaign on GMOs

Sources

[1] Hoover Institution, Henry Miller bio.

[2] See, for example, Jayson Lusk and Henry I. Miller, “We Need G.M.O. Wheat.” New York Times, February 2, 2014. Henry I. Miller and Gregory Conko, “General Mills Has a Soggy Idea for Cheerios.” Wall Street Journal, January 20, 2014. Henry I. Miller, “India’s GM Food Hypocrisy.” Wall Street Journal, November 28, 2012. Henry I. Miller, “Organic Farming Is Not Sustainable.” Wall Street Journal, May 15, 2014. Henry I. Miller, “More Crop for the Drop.” Project Syndicate, August 7, 2014. Henry Miller, “California’s Anti-GMO Hysteria.” National Review, March 31, 2014. Henry I. Miller, “Genetic Engineering and the Fight Against Ebola.” Wall Street Journal, August 25, 2014. Henry I. Miller, “Salmon Label Bill Should Be Thrown Back.” Orange County Register, April 4, 2011. Henry I. Miller, “GE Labels Mean Higher Costs.” San Francisco Chronicle, September 7, 2012. Gregory Conko and Henry Miller, “Labeling Of Genetically Engineered Foods Is a Losing Proposition.” Forbes, September 12, 2012. Gregory Conko and Henry I. Miller, “A Losing Proposition on Food Labeling.” Orange County Register, October 11, 2012. Henry I. Miller and Bruce Chassy, “Scientists Smell A Rat In Fraudulent Genetic Engineering Study.” Forbes, September 25, 2012. Jay Byrne and Henry I. Miller, “The Roots of the Anti-Genetic Engineering Movement? Follow the Money!Forbes, October 22, 2012.

[3] See, for example, Marc Lifsher, “TV Ad Against Food Labeling Initiative Proposition 37 Is Pulled.” Los Angeles Times, October 4, 2012. Eric Van Susteren, “Stanford Demands Anti-Prop. 37 Ad Be Changed.” Palo Alto Weekly, October 17, 2012.

[4] Forbes, Henry Miller bio and articles page.

[5] Memorandum from Tom Hockaday and Neal Cohen of Apco Associates Inc. to Matt Winokur, “Thoughts on TASSC Europe.” March 25, 1994. Legacy Tobacco Documents Library, University of California, San Francisco. Bates No. 2024233595-2024233602.

[6] Henry I. Miller and Jeff Stier, “The Cigarette Smokescreen.” Defining Ideas, March 21, 2012.

[7] Competitive Enterprise Institute, Henry Miller bio.

[8] See, for example, the profile of the George C. Marshall Institute in DeSmogBlog.

[9] Henry I. Miller, “Why the Buzz About a Bee-pocalypse Is a Honey Trap.” Wall Street Journal, July 22, 2014.

[10] Henry I. Miller, “Re-Booting DDT.” Project Syndicate, May 5, 2010. Henry I. Miller, “Rachel Carson’s Deadly Fantasies.” Forbes, September 5, 2012.

[11] Henry I. Miller, “Can Tiny Amounts Of Poison Actually Be Good For You?” Forbes, December 21, 2011.

[12] Henry I. Miller, “Can Radiation Be Good For You?Project Syndicate, April 8, 2011.

[13] Henry I. Miller, “BPA Is A-OK, Says FDA.” Forbes, March 12, 2014.

[14]The Buzz About a Bee-pocalyse Is a Honey Trap.” American Council on Science and Health, July 23, 2014.

BMJ Reveals Secret Industry Influence on Medical and Science Reporting

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News Release

For Immediate Release: April 5, 2017                                                    
For More Information Contact: Gary Ruskin (415) 944-7350

The medical journal BMJ published an article today about how Coca-Cola Co. deployed hidden influences to obtain favorable media coverage on issues of soda and obesity.

“Industry money was used to covertly influence journalists with the message that exercise is a bigger problem than sugar consumption in the obesity epidemic, documents obtained under freedom of information laws show. The documents detail how Coca-Cola funded journalism conferences at a US university in an attempt to create favourable press coverage of sugar sweetened drinks,” the article states.

The BMJ article by Paul Thacker, based on documents obtained by consumer group U.S. Right to Know, is available at: http://www.bmj.com/content/357/bmj.j1638.full

In October, BMJ published another article, also based in part on documents from U.S. Right to Know, regarding ties between Coca-Cola Co. and the Centers for Disease Control and Prevention.  That article is available at: http://www.bmj.com/content/355/bmj.i5723.

U.S. Right to Know is a nonprofit organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy. We promote the free market principle of transparency – in the marketplace and in politics – as crucial to building a better, healthier food system.

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U.S. Right to Know Sues EPA for Release of Glyphosate Documents

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News Release

For Immediate Release: Thursday, March 9, 2017
For More Information Contact: Carey Gillam (913) 526-6190

U.S. Right to Know, a consumer advocacy organization, filed a federal lawsuit on Thursday against the Environmental Protection Agency for violating provisions of the Freedom of Information Act (FOIA).  Public Citizen Litigation Group, a public interest law firm in Washington, D.C., is representing U.S. Right to Know in the action.

The lawsuit, filed in U.S. District Court in Washington, D.C., seeks documents related to EPA’s assessment of a controversial chemical called glyphosate. Glyphosate is the most widely used herbicide in the world and is the key ingredient in Monsanto Co.’s branded Roundup herbicides as well as other weed-killing products.  Concerns about the chemical have grown since the World Health Organization in 2015 said its cancer experts classified glyphosate as a probable human carcinogen. Other scientists have also said research shows safety problems with the chemical and the formulations its used in.

U.S. Right to Know requested the EPA records after the EPA posted an internal memorandum titled “GLYPHOSATE: Report of the Cancer Assessment Review Committee” to the agency’s website on April 29, 2016. The internal EPA report, known as the CARC report, concluded that glyphosate was “not likely to be carcinogenic to humans.” The EPA then deleted the public posting on May 2, saying that the document was posted inadvertently. But before it was deleted Monsanto officials copied the document, promoted it on the company website and on social media and made reference to it in a court hearing dealing with lawsuits filed by agricultural workers and others who allege Monsanto’s herbicide gave them cancer.

The May 12, 2016 FOIA request asked for certain records relating to the CARC report on glyphosate as well as records of communications between Monsanto and EPA officials that discussed glyphosate issues.  Under FOIA, the EPA had 20 working days to respond to the request, but well over 190 working days have now passed and the EPA has yet to produce any records in response to the request. The EPA has also failed to comply with similar, more recent FOIA requests made by U.S. Right to Know for documentation of EPA dealings with Monsanto regarding glyphosate, though those requests are not part of this lawsuit.

The lawsuit specifically claims that U.S. Right to Know has a statutory right under FOIA to the requested records and that EPA has no legal basis for refusing to produce these records. The complaint asks the court to order EPA to make the requested records promptly available.

U.S. Right to Know is a nonprofit organization that works to advance transparency and accountability in the nation’s food system. For more information about U.S. Right to Know, please see www.usrtk.org.

Public Citizen Litigation Group litigates cases involving open government, health and safety regulations, consumer rights, access to the courts, and the First Amendment. It is the litigating arm of the national, nonprofit consumer advocacy organization, Public Citizen. The Litigation Group often represents individuals and organizations seeking access to records under the Freedom of Information Act. More information can be found at www.citizen.org.

U.S. Right to Know Statement on Trump Transition Picks

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News Release

For Immediate Release:  Thursday, November 17, 2016
For More Information Contact: Gary Ruskin (415) 944-7350

 Statement of Consumer Group U.S. Right to Know on Trump Transition Picks

Statement of Gary Ruskin, co-director of U.S. Right to Know, a consumer and public health organization.

So far, the Trump administration looks like a servile minion for the junk food and tobacco industries.  First, they appointed soda lobbyist Mike Torrey and Altria lobbyist Cindy Hayden to the transition team.  Now, the Guardian is reporting that U.S. Rep. Mike Pompeo, author of the DARK Act to kill GMO labeling, is a possible pick for the Trump cabinet.

These are signs that the Trump administration intends to act with contempt against public health and consumers in our nation.

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How Not to Drain the Swamp

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The guys in the C-suites sure must be laughing today. They pulled a fast one on the American public.

As the seating chart fills out for the incoming Trump administration, it becomes clear that Team Trump seeks to “drain the swamp” in Washington by putting the swamp’s corporate lobbyists in charge.

It’s party time for the corporate elite that really runs our nation.

The signs are legion.

Jeffrey Eisenach, who has worked as a consultant for Verizon and its trade association, is running the FCC transition, and will likely use his post to eviscerate Internet freedoms and bury Net Neutrality.

As our nation’s obesity epidemic continues on, what could be worse than installing a lobbyist for the American Beverage Association, Michael Torrey, to head up Trump’s U.S. Department of Agriculture transition team. Nevermind the 25,000 Americans who die each year due to overconsumption of sugary drinks.

Prominent climate change skeptic Myron Ebell, director of the Center for Energy and Environment at the corporate front group Competitive Enterprise Institute, is leading Trump’s EPA transition team, a slap in the face to all Americans who recoil at climate change, dirty air and poisoned water.

Two of the biggest winners will be billionaire industrialists Charles and David Koch, and their firm Koch Industries. At least two of their lobbyists have prominent places in the Trump transition.

Mike Catanzaro, who lobbies for the U.S. Chamber of Commerce, the American Chemistry Council and Koch Industries, is the honcho for Trump’s “energy independence” agenda.

Mike McKenna, who is in charge of the transition at the Department of Energy, lobbies for Dow Chemical and Koch Industries.

Doubtless Team Trump’s lobbyists are working on how to gut the key regulators, for example, carrying out Trump’s promise to undermine the “FDA Food Police,” which is supposed to keep our nation’s food system safe for all Americans. Try telling that to the one in six Americans who contract food poisoning each year.

According to some news outlets, venture capitalist Peter Thiel, is joining Trump’s transition team. Thiel is co-founder of Palantir Technologies, which played a key role in a corporate espionage scandal involving U.S. Chamber of Commerce plans to spy on unions and citizen groups.

Trump’s promise to “end our government corruption” by putting corporate lobbyists in charge is laughable. As is the idea of empowering Newt Gingrich, who left Congress with a record of contempt for law and House Rules on ethics and corruption, after being forced to pay a $300,000 fine for his congressional wrongdoing.

To be sure, Hillary Clinton has been no great friend of the consumers, public health or government watchdogs. Clinton has a well-honed reticence to taking on the corporations and trade associations who paid her mammoth speaking fee and filled her foundation coffers. Her victory would not have brought citizen movements to power, just as her husband’s did not.
One open question: How will Trump voters respond to — instead of draining the swamp — putting the swamp in charge of the swamp?

Trump voters ought to be mad — they just got sold out.

Gary Ruskin is co-director of U.S. Right to Know, a food industry watchdog group.  For 14 years, he directed the Congressional Accountability Project, which opposed corruption in Congress. You can follow him on Twitter at @garyruskin.

This article was first published in The Hill.

UC Davis Sued for Failing to Release Public Records on GMOs and Pesticides

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News Release

For Immediate Release:  Thursday, August 18, 2016
For More Information Contact: Gary Ruskin (415) 944-7350

Consumer group U.S. Right to Know filed a lawsuit late Wednesday to compel the University of California, Davis to comply with requests for public records related to the university’s work on genetically engineered food, pesticides and its relationship with the agrichemical industry.

Since January 28, 2015, U.S. Right to Know has filed 17 public records requests with UC Davis as allowed under the California Public Records Act, but the university has provided a total of merely 751 pages in response to all of these requests, while similar requests at other universities have yielded thousands of pages each.

UC Davis has provided no estimate of when it will comply with the unfilled requests, as required by law.  It originally estimated production of documents in April 2015.  It has completed only one response – regarding the soda industry – but none of the 16 requests related to the agrichemical industry.

“We are conducting a wide-ranging investigation into the collaboration between the food and agrichemical industries, their front groups and several U.S. universities,” said Gary Ruskin, co-director of U.S. Right to Know. “So far, documents obtained from other universities have shown secretive funding arrangements and covert efforts to use taxpayer-funded university resources to promote the products of various corporations. The public has a right to know what is going on behind the scenes.”

These revelations have been covered in the New York Times, Boston Globe, the Guardian, Le Monde, STAT, Mother Jones and other outlets.

To underscore the agrichemical industry’s unease about U.S. Right to Know’s public records requests, a law firm that is allied with the agrichemical industry, Markowitz Herbold, has taken the unusual step of filing a public records request for all of U.S. Right to Know’s correspondence with UC Davis, including the responses to all public records requests.

Just over fifty years ago, on July 4, 1966, President Lyndon Baines Johnson signed the Freedom of Information Act into law. “Fifty years later, FOIA is a crucial tool for uncovering corruption, wrongdoing, abuse of power, and to protect consumers and public health,” Ruskin said. The California Public Records Act is the California state version of the federal Freedom of Information Act.

The plaintiff for the lawsuit is Gary Ruskin, in his capacity as co-director of U.S. Right to Know.  A copy of the complaint is available at: http://usrtk.org/wp-content/uploads/2016/08/UCDaviscomplaint.pdf

U.S. Right to Know is a nonprofit organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy. We promote the free market principle of transparency – in the marketplace and in politics – as crucial to building a better, healthier food system.

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