Monsanto Roundup Trial Tracker: New Developments

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You can find updates about the ongoing litigation against Monsanto Company in this blog, which we will be updating regularly with tips and tidbits of interest. Discovery documents from the litigation are posted on our Monsanto Papers page, and we provide links to recent news stories and analysis here.

February 8, 2019: Evidence and Issues – With the high-stakes, first federal Roundup cancer trial fast approaching on Feb. 25, lawyers for Monsanto – and its owner Bayer AG – have laid out a long list of evidence and issues they do not want introduced at trial.

Among the things the company does not want presented at trial are the following: Mentions of other litigation against Monsanto; evidence regarding the company’s public relations activities; comparisons to the tobacco industry; information about the company’s association with “controversial products” such as Agent Orange and PCBs; information about Monsanto’s “wealth”; and information about “Bayer’s role in World War II.”

None of the evidence Monsanto wants excluded at trial has any bearing on whether or not its herbicides caused the plaintiff’s non-Hodgkin lymphoma, the company’s attorneys told the judge.

The plaintiffs’ attorneys have their own list of things they’d rather not be presented to the jury. Among them: Information about attorney advertising for plaintiffs in the Roundup litigation; the “unrelated medical history” of plaintiff Edwin Hardeman; and evidence about foreign regulatory decisions.

Meanwhile, on Feb. 6 both parties filed a “joint trial exhibit list” detailing each and every piece of evidence they plan to present – or may present – to the jury. The list runs 314 pages and includes a host of internal Monsanto documents as well as regulatory documents, scientific studies, and reports by various expert witnesses.

Bayer added another member to the Monsanto Roundup defense team. On Feb. 8, Shook Hardy & Bacon attorney James Shepherd filed his notice of appearance in the Roundup Products Liability Litigation in federal court. Shepherd has defended Bayer against various lawsuits, including claims alleging injuries tied to Bayer’s cholesterol-lowering medication, and allegations of harm from an intrauterine device (IUD).

As well, both sides recently filed a joint list of exhibits each plan to introduce at trial, including depositions, photographs, emails, regulatory documents, scientific studies and more. The list runs 320 pages.

Judge Vince Chhabria indicated in a Feb. 4 hearing that if the jury finds for the plaintiff in the first phase of the bifurcated trial, meaning if the jury determines that Monsanto’s herbicides were a cause of Edwin Hardeman’s cancer, the second phase of the trial will begin the following day. That second phase will focus on Monsanto’s conduct and any potential punitive damages.

All the related documents can be found on our Monsanto Papers page.

January 29, 2019 – We are less than a month away from the start of the first federal trial in the Roundup products liability litigation, and both sides are loading up the court files with scores of pleadings and exhibits. Included in recent filings are several noteworthy internal Monsanto documents. A few are highlighted below. A more complete posting of the court documents can be found on the main USRTK Monsanto Papers page.

  • Get up and shout for glyphosate: Internal Monsanto emails written in 1999 detail the company’s “scientific outreach” work and efforts to develop a global network of “outside scientific experts who are influential at driving science, regulators, public opinion, etc.” The plan called for having people “directly or indirectly/behind the scenes” working on Monsanto’s behalf. The company wanted “people to get up and shout Glyphosate is Non-toxic,” according to the email thread. For the plan to work they “may have to divorce Monsanto from direct association with the expert or we will waste the $1,000/day these guys are charging.”
  • This intriguing email thread from January 2015 discusses a retired Monsanto plant worker who reported to the company that he had been diagnosed with Hairy cell leukemia, a type of non-Hodgkin lymphoma. He wrote that he had “irregular blood counts” before he retired, and he wondered if his diagnosis was “related to working around all of the chemicals” at the company’s plant. The company’s “adverse effects team” reviewed his case and a Monsanto “health nurse” told him they had not found an association between his “medical condition” and the chemicals at the plant where he worked. They also indicate in the email thread that there is no need to notify EPA. One email dated Nov. 21, 2014 written broadly to “Monsanto Employees” from the adverse effects team lets employees know that although the EPA requires the reporting of information about adverse effects of pesticide products such as injury or health problems, employees should not notify EPA themselves if they become aware of any such problems. Employees should “immediately forward” information to the company’s adverse effects unit instead.
  • Did Monsanto Collaborate on AHS Study? Monsanto and new owner Bayer repeatedly have sought to counter scores of studies showing ties between glyphosate herbicides and cancer by touting one study – An update to the U.S. government-backed Agricultural Health Study (AHS) that found no ties between glyphosate and non-Hodgkin lymphoma. The AHS is a foundational part of the company’s defense in the Roundup products liability litigation. But there have been many questions about the timing of the AHS update, which raced through peer review much faster than is normal for papers in peer-reviewed journals. The update was released to the public on the morning of Nov. 9, 2017 – the same day as a critical court hearing in the Roundup cancer litigation. It was cited by Monsanto at that hearing as a “significant development” and a reason to delay proceedings. A May 11, 2015 internal Monsanto “Proposal for Post-IARC Meeting Scientific Projects” discusses the potential for an “AHS Collaboration.” Monsanto called the proposal “most appealing” as it would appear that Monsanto was “somewhat distanced” from the study.
  • Despite much talk about “800 studies” showing the safety of glyphosate Monsanto acknowledged in a court filing that it “has not identified any 12 month or longer chronic toxicity studies that it has conducted on glyphosate containing formulations that were available for sale in the United States of as June 29, 2017.”

Separate news of note –

Plaintiffs’ expert scientific witness Dr. Christopher Portier will not be coming to San Francisco to testify at the trial as planned. Portier suffered a heart attack while traveling in Australia earlier in January and is still recovering.

And in a move welcomed by plaintiffs’ attorneys, U.S. Judge Vincent Chhabria on Monday said that he may allow some evidence about Monsanto’s alleged ghostwriting of scientific studies into the first phase of the upcoming trial despite Monsanto’s efforts to keep the evidence out until and unless a second phase of the trial occurs. Evidence of Monsanto’s efforts to influence regulators and scientists may also be allowed in the first phase, Chhabria said. Chhabria has ordered that the trial be bifurcated, meaning that the first phase will deal only with the allegation of causation. If the jury does find that Monsanto’s herbicides caused plaintiff Edwin Hardeman’s cancer then a second phase would be held to explore Monsanto’s conduct.

January 18, 2019 – Time flies when a big case approaches. U.S. District Judge Vince Chhabria has set an evidentiary hearing for Jan. 28 at 9 a.m. local time in federal court in San Francisco to be followed by a “Daubert” hearing that day at 2 p.m. The hearings are to consider evidence and experts that will be key to the first-ever federal trial taking up claims that Monsanto’s glyphosate-based herbicides can cause cancer and Monsanto has covered up the risks. Video recording of the proceedings is being allowed.

Chhabria has taken the unusual step of agreeing with a request from the attorneys representing Monsanto and its owner Bayer AG to bifurcate the trial. The first phase, per Monsanto’s request, will deal only with evidence relevant causation – if its products caused the cancer suffered by plaintiff Edwin Hardeman. Evidence of Monsanto efforts to manipulate regulators and the scientific literature and “ghost write” various articles would only be presented in a second phase of the trial if jurors in the first phase find the herbicides were a substantial factor in causing Hardeman’s cancer.

The parties are in disagreement over exactly what evidence should be allowed in the causation phase.

Monsanto specifically has asked the judge to exclude from evidence:

  • A  2001 email detailing internal discussions regarding an independent epidemiology study published that year.
  • A 2015 internal email regarding the company’s relationship with and funding of the American Council on Science and Health, a group that purports to be independent of industry as its promotes safety messaging about glyphosate products.
  • A 2015 email chain including internal commentary by Monsanto scientist Bill Heydens about the role surfactants play in glyphosate formulated products.

For point 1, attorneys for Hardeman have said they do not intend to try to introduce the evidence “unless the door is opened by Monsanto.”

For point 2, they also said they do not intend to introduce the ACSH correspondence “unless Monsanto in any way relies on the ACSH’s junk science positions regarding the carcinogenicity” of glyphosate-based formulations “or attacks on IARC’s classification of glyphosate.”

As for the 2015 Heydens email chain, attorney’s for Hardeman argue the correspondence is illuminating to the causation question. Heydens’ email refers to the results of a 2010 study referred to as George et al., which found a statistically significant increase of tumors on the skin of rodents following exposure to a formulated Roundup product. The study is one relied upon by plaintiffs’ general causation experts.

The letter brief laying out the positions by opposing parties is here.

In a separate issue – the ongoing government shut-down could impact the Feb. 25 trial date for the Hardeman case. Judge Chhabria has said that he does not intend to ask jurors to sit in a trial without being paid.

January 16, 2019 – (UPDATED Feb. 9, 2019) New documents filed in federal court are threatening to expose Reuters news reporter Kate Kelland for acting as Monsanto’s puppet in driving a false narrative about cancer scientist Aaron Blair and the International Agency for Research on Cancer (IARC) that classified glyphosate as a probable carcinogen.

In 2017, Kelland authored a controversial story attributed to “court documents,” that actually appears to have been fed to her by a Monsanto executive who helpfully provided several key points the company wanted made. The documents Kelland cited were not filed in court, and not publicly available at the time she wrote her story but writing that her story was based on court documents allowed her to avoid disclosing Monsanto’s role in driving the story.

When the story came out, it portrayed cancer scientist Aaron Blair as hiding “important information” that found no links between glyphosate and cancer from IARC. Kelland wrote that Blair “said the data would have altered IARC’s analysis” even though a review of the full deposition shows that Blair did not say that.

Kelland provided no link to the documents she cited, making it impossible for readers to see for themselves how far she veered from accuracy.

The story was picked up by media outlets around the world, and promoted by Monsanto and chemical industry allies. Google advertisements were even purchased promoting the story.

Now, new information revealed in court filings indicates just how heavy Monsanto’s hand was in pushing the narrative. In a January 15 court filing, Plaintiff’s attorneys cited internal Monsanto correspondence dated April 27, 2017 they say show that Monsanto executive Sam Murphey sent the desired narrative to Kelland with a slide deck of talking points and portions of the Blair deposition that was not filed in court. The attorneys said the correspondence shows the Monsanto executive asking her to publish an article accusing Dr. Blair of deceiving IARC.

Monsanto and Bayer lawyers have tried to keep the correspondence with Kelland sealed from public view, and some of the emails between the Reuters reporter and Monsanto still have not been released.

Plaintiff’s attorneys also write in their letter brief that Monsanto’s internal documents show Kelland was seen as a a key media contact in their efforts to discredit IARC.

There is nothing inherently wrong in receiving story suggestions that benefit companies from the companies themselves. It happens all the time. But reporters must be diligent in presenting facts, not corporate propaganda.

This story was used by Monsanto to attack IARC on multiple fronts, including an effort by Monsanto to get Congress to strip funding from IARC.

At the very least, Kelland should have been honest with readers and acknowledged that Monsanto was her source. Reuters owes the world – and IARC – an apology.

For more background on this topic, see this article.

January 10, 2019 – For those wanting more details on the reasoning and ramifications of a federal court judge’s decision to limit large volumes of evidence related to Monsanto’s internal communications and conduct from the first federal trial, this transcript of the Jan. 4 hearing on the matter is informative.

Here is an exchange between plaintiff’s attorney Brent Wisner and Judge Vince Chhabria that illustrates the frustration and fear plaintiff’s attorneys have over the limitation of their evidence to direct causation, with much of the evidence dealing with Monsanto’s conduct and internal communications restricted. The judge has said that evidence would only come in at a second phase of the trial if jurors in a first phase find that Monsanto’s Roundup products directly contributed substantially to the plaintiff’s cancer.

MR. WISNER: Here is a great example: Monsanto’s chief toxicologist,
Donna Farmer, she writes in an e-mail: We can’t say Roundup
doesn’t cause cancer. We have not done the necessary testing
on the formulated product.
THE COURT: That would not come in — my gut reaction
is that that would not come in in the first phase.
MR. WISNER: So that is literally Monsanto’s chief
toxicologist — a person who has more knowledge about Roundup
than anyone else in the world — saying —
THE COURT: The question is whether it causes cancer,
not whether — not Farmer’s opinion on what Monsanto can say or
not say. It is about what the science actually shows.
MR. WISNER: Sure. She is literally talking about the
science that they didn’t do.
THE COURT: My gut is that that is actually really a
fairly easy question, and the answer to that fairly easy
question is that that doesn’t come in in the first phase.”

Stay tuned….

January 9, 2019 – The first federal trial in the Roundup Products Liability Litigation may still be more than a month away, but the calendar is busy for attorneys on both sides. See below the schedule set by the judge in an order filed yesterday:

PRETRIAL ORDER NO. 63: UPCOMING DEADLINES FOR BELLWETHER TRIAL.

Evidentiary Hearing set for 1/28/2019 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.

Dr. Shustov’s Daubert Hearing set for 1/28/2019 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.

Jury Selection to complete the supplemental questionnaire in the jury office (not on the record or in court) set for 2/13/2019 08:30 AM in San Francisco.

Jury Selection (hardship and challenge cause hearing with counsel and Court) set for 2/15/2019 10:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.

January 7, 2019 – The new year is off to a strong start for Monsanto as the Bayer unit heads into its second trial over allegations that its Roundup and other glyphosate-based herbicides cause cancer. In Jan. 3 ruling, U.S. District Judge Vince Chhabria rejected arguments by attorneys representing cancer victims and sided with Monsanto in deciding to block jurors from hearing a large portion of evidence that plaintiffs say shows efforts by Monsanto to manipulate and influence regulators in a first phase of the trial. In deciding to bifurcate the trial, Chhabria said that jurors will only hear such evidence if they first agree that Monsanto’s weed killer did significantly contribute to causing the plaintiff’s non-Hodgkin lymphoma (NHL).

“A significant portion of the plaintiffs’ case involves attacks on Monsanto for attempting to influence regulatory agencies and manipulate public opinion regarding glyphosate. These issues are relevant to punitive damages and some liability questions. But when it comes to whether glyphosate caused a plaintiff’s NHL, these issues are mostly a distraction, and a significant one at that,” the judge’s order states.

He did provide a caveat, writing, “if the plaintiffs have evidence that Monsanto manipulated the outcome of scientific studies, as opposed to agency decisions or public opinion regarding those studies, that evidence may well be admissible at the causation phase.”

Jury selection is set to begin Feb. 20 with the trial set to get underway on Feb. 25 in San Francisco. The case is Edwin Hardeman v. Monsanto.

Meanwhile, plaintiff Lee Johnson, who was the first cancer victim to take Monsanto to trial, winning a unanimous jury verdict against the company in August, has also won his request to the 1st District Court of Appeals for speedy handling of Monsanto’s appeal of that jury award. Monsanto opposed Johnson’s request for “calendar preference,” but the court granted the request on Dec. 27, giving Monsanto 60 days to file its opening brief.

December 20, 2018 – U.S. District Judge Vince Chhabria said on Thursday that he would not rule until January on the disputed issue of bifurcation of the first federal trial, which is set to get underway in February. Attorneys for plaintiffs and for Monsanto were ordered to file all of their experts’ reports by Friday, December 21 to help Chhabria in his decision.

December 18, 2018 –Monsanto/Bayer lawyers responded Friday to de-designation requests concerning several hundred internal Monsanto records, seeking to keep most of them sealed in opposition to requests from plaintiffs’ attorneys. Company lawyers did agree to the release of some internal documents, which could be made public this week.

In the meantime both sides are awaiting a ruling from U.S. District Court Judge Vince Chhabria on a motion made by Monsanto attorneys to reverse bifurcate the first federal court trial in the mass Roundup cancer litigation. That trial is set to begin Feb. 25 and is considered a bellwether that will set the stage for how and if other cases proceed and/or are resolved.

Monsanto would like the federal court trials to be conducted in two phases—a first phase focused on medical causation – did the company’s herbicides cause the specific plaintiff’s cancer – and a second phase to address liability only if plaintiffs prevail in the first phase.

The issues of causation and compensatory damages are “separate and distinct from Monsanto’s alleged negligence and company conduct and would involve testimony from different witnesses,” the company argued. Bifurcation would avoid “undue delay in resolving this case…”

Plaintiffs’ attorneys object to the bifurcation saying the idea is “unheard of” in modern multi district litigation (MDL), which is what Chhabria is overseeing. More than 600 lawsuits are pending in his court alleging that Monsanto’s glyphosate-based herbicides caused plaintiffs’ cancers, and Monsanto failed to warn consumers of the dangers of its products.

“It is simply never done, and for good reason,” plaintiffs’ attorneys argued in a Dec. 13 court filing. “The purpose of a bellwether trial is to allow each side to test their theories and evidence against a real-world jury and, hopefully, learn important information about the strengths and weaknesses of the case to inform collective resolution. Imposing a one-sided procedural hurdle—one that would be a de facto outlier for the 10,000 cases proceeding around the country—does not accomplish that goal. It renders any verdict in this MDL, no matter which side prevails, unhelpful.”

The next hearing in the case is set for Jan. 4.

December 14, 2018 – Plaintiff Seeks Expedited Handling of Monsanto’s Appeal as His Health Deteriorates

Dewayne “Lee” Johnson, the first plaintiff to take Monsanto to trial alleging the company’s glyphosate-based herbicides cause cancer, is scheduled for surgery today to remove a new cancerous growth on one of his arms.

Johnson’s health has been deteriorating since the trial’s conclusion in August and an interruption in treatment due to a temporary lapse in insurance coverage. He has not received any funds from the litigation due to the appeals Monsanto instigated after Johnson court victory. Monsanto is appealing the verdict of $78 million, which was reduced by the trial judge from the jury’s award of $289 million.

Johnson filed notice with the court in October that he would accept the reduced award. But because Monsanto has appealed, Johnson’s attorneys have also filed an appeal, seeking to reinstate the jury award.

The California State Court of Appeals, 1st Appellate District, case number is A155940.

Johnson’s attorneys are seeking expedited handling of the appeal and say they hope to have briefings completed by April.

“There is… a strong likelihood that Mr. Johnson is going to die in 2019,” the plaintiff’s motion states.

Johnson, who plans to restart immunotherapy after his surgery, is not necessarily in agreement.

“I hate to think about dying,” he said in an interview published in Time Magazine. “Even when I feel like I’m dying, I just make myself move past it. I feel like you can’t give in to it, the diagnosis, the disease, because then you really are dead. I don’t mess around with the death cloud, the dark thoughts, the fears. I’m planning for a good life.”

December 13, 2018 – More Monsanto Shoes (Documents) Set to Drop

The law firm of Baum Hedlund Aristei & Goldman, which partnered with The Miller Firm in notching the historic victory for plaintiff Dewayne Lee Johnson over Monsanto in August, is seeking the de-designation of several hundred pages of internal Monsanto records that were obtained through discovery but have so far been kept sealed.

Baum Hedlund last year released hundreds of other internal Monsanto records that include emails, memos, text messages and other communications that were influential in the unanimous jury verdict finding Monsanto acted with “malice” by not warning customers of scientific concerns about its glyphosate-based herbicides. Jury sources say that those internal records were very influential in their $250 million punitive damage award against Monsanto, which the judge in the case reduced to $39 million for a total award of $78 million.

Attorneys for plaintiffs in two upcoming trials say that Monsanto records that have not been seen publicly before will be part of new evidence they plan to introduce at the trials.

Today is also the deadline for plaintiffs attorneys to respond to Monsanto’s motion to “reverse bifurcate” the Feb. 25 trial set for U.S. District Court in the Northern District of California. (see Dec. 11 entry below for more details)

December 12, 2018 – New Judge Appointed in Pilliod Case

Alameda County Superior Court Judge Ioana Petrou, who has spent more than a year engaged in the Roundup cancer litigation and sat through many days of the presentation of scientific evidence by plaintiffs and defense experts in a federal court hearing in March 2017, is off the case. California Gov. Jerry Brown announced on November 21st that Petrou has been appointed associate justice, Division Three of the First District Court of Appeal.

Judge Winifred Smith has been named to replace Petrou to oversee the case of Pilliod V. Monsanto, which is scheduled to go to trial March 8 in Oakland, California. Smith was appointed by Governor Gray Davis in November 2000, and prior to her appointment, served as deputy assistant attorney general for the Department of Justice in San Francisco.

The Pilliod case will be the third to go to trial in the sweeping Roundup mass tort litigation. Alva Pilliod and his wife Alberta Pilliod, both in their 70s and married for 48 years, allege that their cancers – forms of non-Hodgkin lymphoma – are due to their long exposure to Roundup. Their advanced ages and cancer diagnoses warrant a speedy trial, according to court filings by their attorneys. Monsanto opposed their request for the expedited trial date but Petrou found the couple’s illnesses and ages warranted preference. Alberta has brain cancer while Alva suffers from a cancer that has invaded his pelvis and spine. Alva was diagnosed in 2011 while Alberta was diagnosed in 2015. They used Roundup from roughly the mid -1970s until only a few years ago.

The Pilliod suit echoes others in claiming that “Monsanto led a prolonged campaign of misinformation to convince government agencies, farmers and the general public that Roundup was safe.”

December 11, 2018 – Attorneys Scramble Ahead of Next Trial

With the next trial in the mass Roundup cancer litigation set for Feb. 25 in San Francisco, attorneys for Monsanto and plaintiffs are scrambling to take more than two dozen depositions in the waning weeks of December and into January even as they debate how the trial should be organized.

Monsanto attorneys on Dec. 10 filed a motion to “reverse bifurcate” the next trial, Edwin Hardeman V. Monsanto (3:16-cv-00525). Monsanto wants the jury only to hear evidence focused on specific medical causation first – did its herbicide cause the plaintiff’s cancer – with a second phase that would address Monsanto’s liability and damages only necessary if the jury found in plaintiff’s favor in the first phase. See Monsanto’s argument here. Judge Chhabria granted a request from plaintiff’s attorneys to be allowed until Thursday to file their response.

Edwin Hardeman and his wife spent many years living on a 56-acre, former exotic animal refuge in Sonoma County, California where Hardeman routinely used Roundup products to treat overgrown grasses and weeds since the 1980s. He was diagnosed with B-cell non-Hodgkin lymphoma in February 2015, just a month before the International Agency for Research on Cancer declared glyphosate to be a probable human carcinogen.

Hardeman’s case was selected as the first to be tried in federal court in San Francisco (Northern District of California) in front of Judge Vince Chhabria. Attorney Aimee Wagstaff of Denver, Colorado, is lead plaintiff’s counsel on the case. Attorney Brent Wisner of the Baum Hedlund law firm in Los Angeles, and the lawyer credited with leading the victory in Dewayne Lee Johnson’s historic August victory over Monsanto, had been expected to help try the case but now has another case scheduled to begin in March. That case is Pilliod, et al V. Monsanto in Alameda County Superior Court. See related documents on the Monsanto Papers main page.

Monsanto’s new owner Bayer AG is not content to rely on Monsanto’s trial team that lost the Johnson case and is bringing in its own legal defense team. The Bayer team, which helped the German company win litigation over the Xarelto blood thinner, now includes Pamela Yates and Andrew Solow of Arnold & Porter Kaye Scholer and Brian Stekloff of Wilkinson Walsh Eskovitz.

Hearings on specific causation issues are set in the Hardeman case for Feb. 4, 6, 11, and 13 with jury selection scheduled for Feb. 20. Opening arguments would then begin Feb. 25, according to the current schedule.

December 6, 2018 – Upcoming Monsanto Trial Dates

2/25/2019 – Federal Court – Hardeman
3/18/2019 – CA JCCP – Pilliod (2 plaintiffs)
4/1/2019 – St. Louis City Court – Hall
4/22/2019 – St. Louis County Court – Gordon
5/25/2019 – Federal Court – Stevick or Gebeyehou
9/9/2019 – St. Louis County Court – 4 plaintiffs
1/21/2020 – St. Louis City Court – 10 plaintiffs
3/23/2020 – St. Louis City Court

November 21, 2018 – Lee Johnson interview

Dewayne “Lee” Johnson was the first person to take Monsanto to court alleging that exposure to Roundup herbicide caused him to develop non-Hodgkin lymphoma and that the company covered up the risks. In August 2018, a jury in San Francisco unanimously found that Monsanto had failed to warn about the carcinogenic dangers of Roundup herbicide and related products, and they awarded Johnson $289 million. A judge later reduced that amount to $78 million. Carey Gillam spoke with Johnson about the aftermath of his case in this interview for TIME magazine: I Won a Historic Lawsuit But May Not Get to Keep the Money

Rachel Carson Environment Book Award Winner: Whitewash by Carey Gillam

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Carey Gillam’s “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science (Island Press) has received rave reviews since its release last fall and has received several awards for outstanding reporting:

Hard-hitting, eye-opening narrative…A forceful argument for an agricultural regulatory environment that puts public interest above corporate profits.”  Kirkus Reviews

This is a must-read for everyone concerned about the increasing burden of toxic chemicals in water and food, the health and environmental consequences thereof, and corporate influence on government agencies.Booklist 

“Gillam expertly covers a contentious front where corporate malfeasance intersects with issues of public health and ecology.” Publishers Weekly 

“a gutsy, compelling read from beginning to end, especially for readers who enjoy the kind of hard-nosed, shoe-leather reporting that used to be the hallmark of great journalism.” Society for Environmental Journalists BookShelf

“well-documented compendium of wrongs, fraud, conflicts of interest, undue influence, and troubling forms of plain old [PR]….Some of its revelations are downright infuriating. Los Angeles Review of Books 

See also: Carey Gillam’s testimony before a joint committee of the European Parliament on 10/11/2017 and her reporting from the Daubert Hearings in the Cancer Victims Vs. Monsanto glyphosate litigation.

Book Description

It’s the pesticide on our dinner plates, a chemical so pervasive it’s in the air we breathe, our water, our soil, and even found increasingly in our own bodies. Known as Monsanto’s Roundup by consumers, and as glyphosate by scientists, the world’s most popular weed killer is used everywhere from backyard gardens to golf courses to millions of acres of farmland. For decades it’s been touted as safe enough to drink, but a growing body of evidence indicates just the opposite, with research tying the chemical to cancers and a host of other health threats.

In Whitewash, veteran journalist Carey Gillam uncovers one of the most controversial stories in the history of food and agriculture, exposing new evidence of corporate influence. Gillam introduces readers to farm families devastated by cancers which they believe are caused by the chemical, and to scientists whose reputations have been smeared for publishing research that contradicted business interests. Readers learn about the arm-twisting of regulators who signed off on the chemical, echoing company assurances of safety even as they permitted higher residues of the pesticide in food and skipped compliance tests. And, in startling detail, Gillam reveals secret industry communications that pull back the curtain on corporate efforts to manipulate public perception.

Whitewash is more than an exposé about the hazards of one chemical or even the influence of one company. It’s a story of power, politics, and the deadly consequences of putting corporate interests ahead of public safety.

http://careygillam.com/book
Publication date October 2017

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More Praise for Whitewash

“The book unravels a tapestry of pesticide industry tricks to manipulate the scientific truths about their products while placing profits above human health and the environment. As someone who has experienced similar actions by corporations firsthand in my work far too often, I am hopeful that Carey’s book will be a wake-up call for more transparency about the dangers surrounding many chemicals in the marketplace.” Erin Brockovich, environmental activist and author

Carey Gillam has brilliantly assembled the facts and describes how Monsanto and other agricultural chemical companies lied about their products, covered up the damaging data and corrupted government officials in order to sell their toxic products around the world.  David Schubert, Ph.D., Professor and Head of the Cellular Neurobiology Laboratory at the Salk Institute For Biological Studies

Carey Gillam is a brave warrior in the mold of Rachel Carson. She has exposed the ruthless greed and fraud which have led to the poisoning of our planet. Brian G.M. Durie, M.D. Chairman of the International Myeloma Foundation, oncology specialist and attending physician at Cedars-Sinai Medical Center

In the grand tradition of Silent Spring, Carey Gillam’s Whitewash is a powerful exposé that sheds light on a chemical that — to most of us — is both entirely invisible and yet profoundly damaging to our bodies and our environment. It is a deeply researched, entirely convincing exposé of the politics, economics and global health consequences implicit in the spread of the world’s most common herbicide. Gillam has done what all great journalists strive to do: she has made us see clearly what has long been right before our eyes. Highly recommended.  McKay Jenkins, author, Professor of English, Journalism and Environmental Humanities at the University of Delaware

FDA FOIA Documents Regarding Glyphosate Residue Testing

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The Food and Drug Administration has responded to Freedom of Information Act (FOIA) requests for information regarding its efforts to start testing food samples for residues of glyphosate as well as some other herbicides, including 2,4-D.

Many of those documents can be accessed below:

FDA FOIA 2017-7005

FDA FOIA 2017-7005 part 2

FDA Final Responsive Records (2017-7005) Part 3 (Redacted)

FDA FOIA 2017-7005 attachments

CFSAN Responsive Records (2017-7005) Interim Response Part 2 (OC-ORA red boxed emails)_Redacted (1)

FDA FOIA Objectives herbicide analysis

CFSAN Responsive Records (Redacted) 2017-10178

FDA Pestag Meeting Minutes April 19, 2017

FDA March 15, 2017 PesTAG Meeting Minutes

FDA Minutes of phone call Feb 10, 2016

Email of intrigue: “IARC is killing us!”

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As researchers we often look to documents to shed new light on issues important to food policy. Sometimes, they simply reflect what we already know.

That’s the case with one new communication string that adds to evidence of a far-reaching strategy by food industry players to discredit and diminish the world’s leading cancer research agency. We’ve already seen documents from Monsanto and other chemical industry interests laying out plans to tear apart the credibility of the International Agency for Research on Cancer (IARC) because of its classification of Monsanto’s weed killer glyphosate as a probable human carcinogen.

Now we see evidence that other food industry players are part of the scheme; working to head off potentially damaging IARC scrutiny of food additives such as aspartame, sucralose, and more.

The email of intrigue was obtained through a state open records request.  It shows communication between James Coughlin, a one-time scientist for Kraft General Foods Inc. who operates a food and “nutritional” consulting business, and Timothy Pastoor, a retired toxicologist with the agrochemical giant Syngenta AG who now runs his own “science communications” business. Also included on a portion of the email string is Monsanto PR man Jay Byrne, who runs a “reputation management” and public relations business, and Douglas Wolf, a former Environmental Protection Agency scientist now with Syngenta.

In the October 2016 email, Coughlin tells Pastoor how he’s been “fighting IARC forever!!” dating back to his time at Kraft. He relates the time he spent criticizing the international cancer agency to a U.S. House of Representatives staffer who was coordinating an effort to strip U.S. funding from IARC.

And then, articulating the deep fear the food industry holds for the cancer agency, he gets to the meat of the matter: “IARC is killing us!” he writes. The 2-page string can be found here. An excerpt is below:

EPA Glyphosate Registration Review Public Comments Now Due

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For anyone interested in commenting on the EPA’s latest safety review of the weed killing chemical glyphosate:

  • Docket ID:EPA-HQ-OPP-2009-0361
  • Abstract:Federal Register for Tuesday, February 27, 2018 (83 FR 8476) (FRL–9973–07) EPA–HQ–OPP–2017–0720; Registration Review; Draft Human Health and/or Ecological Risk Assessments for Several Pesticides; Notice of Availability
  • Document Type:Notice
  • Status:Posted
  • Received Date:Feb 27, 2018
  • FR Citation:83
  • Start-End Page:8476 – 8478
  • Comment Start Date:Feb 27, 2018
  • Comment Due Date:Apr 30, 2018
  • Glyphosate Case 0178 EPA-HQ-OPP-2009-0361 glyphosateRegReview@epa.gov (703) 347-0292.

See all details here: https://www.regulations.gov/docket?D=EPA-HQ-OPP-2009-0361

Corporate power, not public interest, at root of science committee hearing on IARC

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(First published in Environmental Health News)

Score another point for corporate power over protection of the public.

U.S. Rep Lamar Smith, chairman of the U.S. House of Representatives Committee on Science, Space, & Technology, has slated a full committee hearing for Feb. 6 with an agenda aimed squarely at attacking some of the world’s top cancer scientists.

Given the fact that cancer is the second-leading cause of death in the United States, it seems obvious that our lawmakers should be supporting cancer science rather than trying to thwart it. But Smith’s action comes after the World Health Organization’s International Agency for Research on Cancer ( IARC) angered Monsanto Co. when it declared the pesticide glyphosate, a key ingredient in Monsanto’s weed killing products, to be a probable carcinogen.

Though the hearing is titled “In Defense of Scientific Integrity: Examining the IARC Monograph Programme and Glyphosate Review,” the irony of the descriptor is not lost on those who have been following Smith’s efforts to derail and defund this cancer research agency.

In letters to IARC’s leadership, Smith has repeated false narratives and inaccurate news stories planted by Monsanto and chemical industry allies, and cited the “serious nature of these concerns related to expenditures of taxpayer dollars.”

It’s worth noting that the plan to put the International Agency for Research on Cancer on the hot seat was put into motion roughly three years ago when Monsanto predicted the international cancer scientists would find its weed killer to have carcinogenic potential. The company said as much in internal communications brought to light through recent litigation.

The documents also show that it was February 2015, a month before the IARC classification, when Monsanto executives laid out a strategic plan to discredit the cancer scientists. The plan was designed to “orchestrate outcry with IARC decision.”

The efforts to manipulate public perception about IARC ramped up last summer when Monsanto allies spoon-fed a false narrative to a Reuters reporter who produced a news story that shot around the globe and has been a key talking point for the chemical industry attack against IARC.

The story relied on the deposition of an IARC scientist named Aaron Blair and reported that Blair withheld critical information that would have altered the IARC glyphosate classification. Reuters never provided a link to the deposition, which at that point was not filed in any court and was not publicly available.

Chairman Smith ran with the story, stating that Blair “admitted to knowing that this research could have prevented” the classification of glyphosate as a probable carcinogen.

Anyone taking time to actually read the deposition, which is now public, would see that Blair never said any such thing, and in fact protested multiple times that the data in question was not fully analyzed and not published and thus was not suitable to be considered by IARC.

A similar false narrative pushed by the chemical industry and repeated by Smith accused IARC of deleting assessments finding no connection between glyphosate and cancer from its final report. Smith and team either don’t know or don’t care that IARC’s deletions were of Monsanto assertions that the cancer scientists said could not be substantiated.

IARC officials have detailed the falsehoods perpetuated against them by the chemical industry but the defense has fallen on deaf ears.

Monsanto needs to discredit the international cancer scientists because it was the IARC finding that triggered waves of lawsuits against Monsanto, and prompted moves to ban the chemical in some European countries.

But while Monsanto and other chemical industry interests are concerned about the billions of dollars in revenues they rake in annually from glyphosate-based products, the attack on this independent science group should have all of us concerned.

Approximately 39 percent of men and women living in the United States are expected to be diagnosed with cancer during their lifetimes, according to the National Cancer Institute.

For this year alone, the American Cancer Society has estimated there will be more than 1.68 million people newly diagnosed with cancer and more than 600,000 deaths from cancer. Worldwide, there are more that 14 million cases of cancer occurring each year, and that number is expected to hit nearly 22 million by 2030.

Cancer “affects almost everyone’s life, either directly or indirectly,” and beyond the toll on life and health it costs the United States more than $200 billion in medical costs and lost productivity, according to the U.S. Department of Health and Human Services (HHS).

In order to reduce deaths from cancer we have to put more emphasis on preventing it in the first place, and a big part of that “primary prevention” according to a 2016 report by the HHS National Toxicology Program (NTP) “is to identify the carcinogens.”

Clearly, the companies that sell chemicals linked to cancer prefer to see IARC defunded and dismantled. They’ve said as much through the disingenuously named Council for Accuracy in Public Health Research (CAPHR), a nonprofit established by the American Chemistry Council a year ago with the specific goal of promoting the “reform” of IARC.

But to see our lawmakers so eagerly promoting corporate interests when such dire public safety interests are at stake marks perhaps a new low in American politics. These are literally life and death matters.

Our public servants must be held to account, to support the scientists who work to identify carcinogens, and push back against the corporate interests who want to discredit the science that threatens its profits.

Scientific integrity should mean exactly that.

Collusion or Coincidence? Records Show EPA Efforts to Slow Herbicide Review Came in Coordination with Monsanto

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Newly released government email communications show a persistent effort by multiple officials within the Environmental Protection Agency (EPA) to slow a separate federal agency’s safety review of Monsanto’s top-selling herbicide. Notably, the records demonstrate that the EPA efforts came at the behest of Monsanto, and that EPA officials were helpful enough to keep the chemical giant updated on their progress.

The communications, most of which were obtained through Freedom of Information Act (FOIA) requests, show that it was early 2015 when the EPA and Monsanto began working in concert to stall a toxicology review that a unit tied to the Centers for Disease Control and Prevention (CDC) was conducting on glyphosate, the key ingredient in Monsanto’s branded Roundup herbicide products. The details revealed in the documents come as Monsanto is defending itself against lawsuits alleging that it has tried to cover up evidence of harm with its herbicides.

The Agency for Toxic Substances and Disease Registry (ATSDR), a federal public health agency that along with the CDC is part of the U.S. Department of Health and Human Services (HHS), is charged with evaluating the potential adverse human health effects from exposures to hazardous substances in the environment. So it made sense for the ATSDR to take a look at glyphosate, which is widely used on U.S. farms, residential lawns and gardens, school playgrounds and golf courses. Glyphosate is widely used in food production and glyphosate residues have been found in testing of human urine.

The ATSDR announced in February 2015 that it planned to publish a toxicological profile of glyphosate by October of that year. But by October, that review was on hold, and to this date no such review has yet been published.

The documents reveal this was no accident, no bureaucratic delay, but rather was the result of a collaborative effort between Monsanto and a group of high-ranking EPA officials.

For Monsanto, the timing of the ATSDR review was worrisome. In March 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) had declared glyphosate to be a probable human carcinogen, and Monsanto feared ATSDR might have similar concerns about the chemical. Previous reports have described how one EPA official, Jess Rowland, communicated to Monsanto in April 2015 his willingness to try to kill the ATSDR review. Rowland, who retired in 2016, was the deputy division director within the health effects division of the EPA’s Office of Pesticide Programs (OPP). Allegations of collusion between Rowland and Monsanto have prompted a probe by the EPA’s Office of Inspector General.

But the trove of documents newly obtained from within EPA and HHS demonstrate that the assistance to Monsanto came not only from Rowland but also from even higher-level EPA officials. Rather than encourage and assist the toxicology review of glyphosate, Monsanto and EPA officials repeatedly complained to ATSDR and HHS that such a review was unnecessarily “duplicative” and should take a back seat to an EPA review also underway.

The following timeline shows how the events unfolded:

May 19, 2015 – Michael Dykes, who at that time was Monsanto’s long-time vice president of government affairs, wrote directly to the EPA’s Jim Jones, the Assistant Administrator for the Office of Chemical Safety & Pollution Prevention. Jones had oversight of the EPA’s Office of Pesticide Programs (OPP) and was a presidential appointee who carried significant clout. The afternoon was waning when the email came in at 3:28 p.m. Dykes reminded Jones that they had recently discussed the HHS’ ATSDR glyphosate review at a meeting. “You were not aware of their review. Did you learn anything more about their efforts?” Dykes asked.

Jones did not waste time. Roughly an hour later he forwarded the message to OPP Director Jack Housenger, writing “Monsanto thinks atsdr is doing a glyphosate Assessment. Could you guys run that down?” Housenger responds quickly: “Yes. Jess checked with them…. It has been difficult to get information.”

Within an hour Jones instructed a member of his staff to get him contact information for the head person responsible for ATSDR. She replied the next morning that Dr. Patrick Breysse was the point person. Breysse joined the CDC in 2014 as director of its National Center for Environmental Health, overseeing the NCEH’s ATSDR.

May 20, 2015 It was only a little after 8:30 a.m. but Jones told the staff member to instruct Housenger to get in touch with Breysse, and within two hours Housenger had penned an email to Breysse explaining that an EPA’s own re-evaluation/risk assessment of glyphosate was nearing completion, and asking Breysse if “you would still feel the need to do your assessment.” Housenger told Breysse that he already had reached the individual assigned to the ATSDR assessment and she had indicated she would “coordinate” with EPA, but that was not sufficient. Housenger did not mention Monsanto’s outreach to EPA on the issue, but instead questioned “whether this is a good use of government resources” for ATSDR to continue with its review. Breysse responded that he would “look into this” and Housenger thanked him for his quick response. Breysse then reached out to an ATSDR division director named James Stephens to arrange a discussion about the EPA request.

May 21, 2015 James Stephens wrote back to Patrick Breysse that the ATSDR team thought the EPA work “overlaps but isn’t totally duplicative…” and stated that the ASTDR team has not been able to see draft copies of the EPA’s work. “I think we would all welcome further discussion with EPA but would hope to use it to help us find out more about what they are doing, ” he told Breysse. After hearing from Stephens, Breysse wrote back to Housenger saying ATSDR staff would be in touch to discuss. Housenger replied with his reiteration that the ATSDR review would be a “duplicative government effort” and that the EPA draft would be out in July of 2015. (As of this writing, that EPA preliminary risk assessment still has not been released, though in 2016 the EPA did release a cancer assessment report that declared glyphosate was not likely to cause cancer.)

June 4, 2015 Pressing the issue, EPA’s Housenger wrote again to Breysee to say he had not heard from anyone yetThe ATSDR’s Stephens wrote back promising to make sure “someone gives you a ring.” Internal Monsanto emails show that at the same time, Monsanto was also pushing the “duplicative” narrative with HHS, meeting on June 4 with HHS Deputy Assistant Secretary for Global Health Mitchel Wolfe to ask him to help repudiate the IARC classification and to recognize that a review of glyphosate was “not the primary role” for his agency. “Dr. Wolfe said he would follow up on what was going on with ATSDR and he was encouraged to have discussions with EPA staff, as well,” a Monsanto memo detailing the meeting states.

June 9, 2015 Henry Abadin, an ATSDR supervisory scientist, reported to Stephens that he had talked with Housenger and explained that the agency did not believe it was “duplicating efforts.” Nevertheless, he said he told EPA, “we did not have a problem with putting the glyphosate profile on hold, pending the OPP final report.”

June 19, 2015 To further ensure the ATSDR review didn’t move forward, Monsanto’s Dykes talked again with HHS’s Wolfe, asking for an update on ATSDR. “I explained… our question was about the purpose and scope of such a duplicative review by ATSDR. I also told him that we were concerned that ATSDR may come out any day with a report. I again stressed that we were concerned that they were even reviewing glyphosate as were the people we talked with at EPA,” Dykes wrote to colleagues.

June 21, 2015 It was a Sunday, but Monsanto’s Dykes was still concerned enough about the ATSDR review to copy multiple colleagues on a late night email to report that he had continued to press the “duplicative” point with ATSDR but was concerned about a “glyphosate review coming any day.” In a text message sent that same day, Monsanto scientist Eric Sachs reached out to a former EPA toxicologist named Mary Manibusan asking for contacts at ATSDR. “We’re trying to do everything we can to keep from having a domestic IARC occur w this group. may need your help,” Sachs wrote. The text messages were among certain internal Monsanto records obtained by cancer victims who are suing Monsanto alleging Roundup caused their diseases.

June 23, 2015 By Tuesday, Monsanto’s Jenkins had good news: He had heard from Housenger that the EPA official had been successful in garnering a promise from ATSDR to put its report “on hold.” The review was not dead, however, he wrote: ATSDR argues “that their process is distinguishable and not duplicative. They look at different endpoints and told EPA they don’t “make a call on cancer”, but I think we should continue to be cautious.”

On June 24, 2015 Monsanto’s chief scientist William Heydens responded:“’Distinguishable and not duplicative’? Seriously? And I will believe the not ‘making a call on cancer’ part when I see it. Anyway, at least they know they are being watched, and hopefully that keeps them from doing anything too stupid…” Jenkins wrote back, acknowledging that Monsanto had much more to fear from ATSDR than EPA as the two agencies had arrived at “different conclusions” on other issues. He reported he had been told ATSDR was “VERY conservative and IARC like…”

By October 23, 2015 EPA and Monsanto had the ATSDR review fully on hold. EPA’s Housenger wrote to update Monsanto’s Jenkins: “They are waiting for our glyphosate RA. And they agreed to share what they do.”

That same month, the EPA’s Cancer Assessment Review Committee (CARC), which was chaired by Rowland, issued an internal report stating that contrary to IARC, the EPA’s review of glyphosate found it “not likely to be carcinogenic to humans.”

The EPA still has yet to issue the overall new risk assessment it said would be out in 2015. The agency has offered ever-changing timelines for the assessment, but now says its intends to release a draft risk assessment sometime this year. That will be followed by a 60-day public comment period. After the public comment period the EPA will determine whether any risk management is needed. In the meantime, Monsanto has cited the EPA’s backing of glyphosate safety as repudiation of the IARC finding both in court and with regulators in Europe who are also looking at glyphosate safety issues.

The EPA did not respond to a request for comment about its efforts to delay the ATSDR report or communications with Monsanto regarding that effort.

But Brent Wisner, a lawyer representing many of the cancer victims who are suing Monsanto, said the documents offer damning evidence of improperly close ties between the EPA and the chemical company.

“I think it’s very clear… that EPA officials and Monsanto employees worked together to accomplish a goal of stopping that analysis at ATSDR. That is collusion. I don’t know what else you’d call that,” said Wisner.

For its part, the ATSDR said this week that the review it started in 2015 “is not complete” but that it anticipates a draft glyphosate toxicological profile to be issued for public comment by the end of this year. A spokesperson for the agency declined to discuss the circumstances surrounding the delay in the review.

And Jones, whose EPA job ended when the Trump administration took over, defended his responsiveness to Monsanto’s concern about the ATSDR review, saying it had only to do with the “efficient use of government resources.”

“Had any party contacted me and informed me that another agency within the Administration was simultaneously assessing a chemical as my organization, I would have intervened,” Jones said. “There is no value to the same government investing limited resources to work on the same issue. As you know resources at the federal level were and are scarce which made duplication even more problematic.” Jones said additionally that “when two organizations assess the same chemical, it is very likely there will be differences in their assessments. Even when these differences don’t matter from a public health perspective, an enormous amount of energy is spent attempting to resolve these differences” and that is not ultimately in the “public interest.”

New ‘Monsanto Papers’ Add To Questions Of Regulatory Collusion, Scientific Mischief

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The other shoe just dropped.

Four months after the publication of a batch of internal Monsanto Co. documents stirred international controversy, a new trove of company records was released early Tuesday, providing fresh fuel for a heated global debate over whether or not the agricultural chemical giant suppressed information about the potential dangers of its Roundup herbicide and relied on U.S. regulators for help.

More than 75 documents, including intriguing text messages and discussions about payments to scientists, were posted for public viewing early Tuesday morning by attorneys who are suing Monsanto on behalf of people alleging Roundup caused them or their family members to become ill with non-Hodgkin lymphoma, a type of blood cancer. The attorneys posted the documents, which total more than 700 pages, on the website for the law firm Baum Hedlund Aristei Goldman, one of many firms representing thousands of plaintiffs who are pursuing claims against Monsanto. More than 100 of those lawsuits have been consolidated in multidistrict litigation in federal court in San Francisco, while other similar lawsuits are pending in state courts in Missouri, Delaware, Arizona and elsewhere. The documents, which were obtained through court-ordered discovery in the litigation, are also available as part of a long list of Roundup court case documents compiled by the consumer group I work for, U.S. Right to Know.

It was important to release the documents now because they not only pertain to the ongoing litigation, but also to larger issues of public health and safety, while shedding light on corporate influence over regulatory bodies, according to Baum Hedlund attorneys Brent Wisner and Pedram Esfandiary.

“This is a look behind the curtain,” said Wisner. “These show that Monsanto has deliberately been stopping studies that look bad for them, ghostwriting literature and engaging in a whole host of corporate malfeasance. They (Monsanto) have been telling everybody that these products are safe because regulators have said they are safe, but it turns out that Monsanto has been in bed with U.S. regulators while misleading European regulators.”

Esfandiary said public dissemination of the documents is important because regulatory agencies cannot properly protect public and environmental health without having accurate, comprehensive, and impartial scientific data, and the documents show that has not been the case with Monsanto’s Roundup herbicide and the active ingredient glyphosate.

Monsanto did not respond to a request for comment.

Several of the documents discuss a lack of robust testing of formulated Roundup products. In one email, Monsanto scientist Donna Farmer writes “you cannot say that Roundup is not a carcinogen … we have not done the necessary testing on the formulation to make that statement. The testing on the formulations are not anywhere near the level of the active ingredient.”

The release of the documents Tuesday came without the blessing of Judge Vince Chhabria, who is overseeing the multidistrict litigation moving its way through the U.S. District Court for the Northern District of California. In March, Chhabria did agree to unseal several other discovery documents – over Monsanto’s objections – and those documents prompted a wave of outrage for what they revealed: questionable research practices by Monsanto, cozy ties to a top official within the U.S. Environmental Protection Agency, and indications that Monsanto may have engaged in “ghostwriting,” of research studies that appeared to be independent of the company.

The revelations within those documents prompted an investigation by the EPA’s Office of Inspector General into possible Monsanto-EPA collusion, and roiled Europe where regulators now are trying to decide whether or not to reauthorize glyphosate, which is the most widely used herbicide in the world and is found in numerous products in addition to Roundup.

The lawyers said they are sending copies of the documents to European authorities, to the EPA’s OIG and to the California Office of Environmental Health Hazard Assessment (OEHHA), which has been sued by Monsanto for moving to list glyphosate as a known carcinogen

Monsanto has fought to keep most of the documents it turned over in discovery sealed, complaining to Judge Chhabria that in several court filings plaintiffs’ attorneys presented discovery materials out of context and tried to exploit the information to influence public opinion. Chhabria has both chided Monsanto for trying to improperly seal certain documents and warned plaintiffs’ attorneys against unfairly publicizing certain documents. It is unclear how Judge Chhabria will react, if at all, to the law firm’s release of these documents.

Baum Hedlund attorneys said they notified Monsanto on June 30 of their intent to unveil the 86 documents and gave Monsanto the legally required 30-day window to formally object. That period expired Monday, clearing the way for them to make the release early Tuesday, said Wisner.

Concerns about the safety of glyphosate and Roundup have been growing for years amid mounting research showing links to cancer or other diseases. But the lawsuits only began to accumulate after the International Agency for Research on Cancer (IARC) in 2015 classified glyphosate as a probable human carcinogen. The plaintiffs in the lawsuits allege that the combination of glyphosate with certain surfactants used in Monsanto-branded Roundup products is even more toxic than glyphosate alone, and Monsanto has sought to cover up that information.

Monsanto has publicly denied that there are cancer connections to glyphosate or Roundup and says 40 years of research and scrutiny by regulatory agencies around the world confirm its safety.

Monsanto has made billions of dollars a year for decades from its glyphosate-based herbicides, and they are the linchpin to billions of dollars more it makes each year from the genetically engineered glyphosate-tolerant crops it markets. The company is currently moving toward a planned merger with Bayer AG.

(Article first appeared in Huffington Post)

Monsanto Spin Doctors Target Cancer Scientist In Flawed Reuters Story

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In a well-orchestrated and highly coordinated media coup, Monsanto Co. and friends this week dropped a bombshell on opponents who are seeking to prove that the company’s beloved Roundup herbicide causes cancer.

A widely circulated story published June 14 in the global news outlet Reuters (for which I formerly worked) laid out what appeared to be a scandalous story of hidden information and a secretive scientist, “exclusive” revelations that the story said could have altered a critical 2015 classification that associated Monsanto’s Roundup to cancer and triggered waves of lawsuits against Monsanto.

It was a blockbuster of a story, and was repeated by news organizations around the globe, pushed by press releases from Monsanto-backed organizations and trumpeted by industry allies like the American Chemistry Council.

It was also flawed and misleading in a number of critical respects.

Authored by Reuters’ reporter Kate Kelland, who has a history of cozy relations with a group partly funded by agrichemical company interests, the piece accused a top epidemiologist from the U.S. National Cancer Institute of failing to share “important” scientific data with other scientists as they all worked together assessing the herbicide glyphosate for the International Agency for Research on Cancer (IARC). That group reviewed a wide body of research on glyphosate and determined in March of 2015 that the pesticide should be classified as a probable human carcinogen. Had the group known of this missing data, it’s conclusion could have been different, according to Reuters.

The story was particularly timely given glyphosate and Roundup are at the center of mass litigation in the United States and under scrutiny by U.S. and European regulators. After the IARC classification, Monsanto was sued by more than 1,000 people in the United States who claim they or their loved ones got non-Hodgkin lymphoma (NHL) from exposure to Monsanto’s glyphosate-based Roundup and the company and the cases could start going to trial next year. Roundup is the most widely used herbicide in the world and brings in billions of dollars a year for Monsanto. The company insists the IARC classification is meritless and the chemical is proven safe by decades of research.

So yes, it was a big story that scored big points for Monsanto in the debate over glyphosate safety. But drilling deeply into the sourcing and selective nature of the Reuters piece makes it clear the story is not only seriously flawed, but that it is part of an ongoing and carefully crafted effort by Monsanto and the pesticide industry to discredit IARC’s work.

The story contains at least two apparent factual errors that go to the credibility of its theme. First the story cites “court documents” as primary sources when in fact the documents referred to have not been filed in court and thus are not publicly available for reporters or members of the public to access. Kelland does not share links to the documents she references but makes it clear her information is largely based on a deposition from Aaron Blair, the National Cancer Institute epidemiologist who chaired the IARC working group on glyphosate, as well as related emails and other records. All were obtained by Monsanto as part of the discovery process for the Roundup litigation that is pending in federal court in San Francisco. By citing court documents, Kelland avoided addressing whether or not Monsanto or its allies spoon-fed the records to her. And because the article did not provide a link to the Blair deposition, readers are unable to see the full discussion of the unpublished study or the multiple comments by Blair of many other studies that do show evidence of links between glyphosate and cancer. I’m providing the deposition here, and disclosing that I requested and obtained it from attorneys involved in the Roundup litigation after Kelland’s story was published.

Second, the story relies in part on an anti-IARC view of a scientist named Bob Tarone and refers to him as an “independent” expert, someone “independent of Monsanto.” Kelland quotes Tarone as saying that IARC’s evaluation of glyphosate is “flawed and incomplete.” Except, according to information provided by IARC, Tarone is far from independent of Monsanto; Tarone in fact has acknowledged that he is a paid consultant to Monsanto, and a piece cited by Reuters and authored by Tarone last year in a European scientific journal is being recorrected to reflect Tarone’s conflict of interest, according to IARC, which said it has been in communication with that journal.

But much more noteworthy than the errors is how selective the story is in pulling from the Blair deposition. The story ignored Blair’s many affirmations of research showing glyphosate connections to cancer, and focused instead on Blair’s knowledge of one unpublished research study that was still in progress. The story hones in on speculation that the data perhaps could have been finished and published in time to be reviewed by IARC and further speculation by Blair, prodded by a Monsanto attorney, that had it been finished and had it been published it could have helped counter the other studies IARC viewed that showed positive cancer connections.

That research, part of a massive ongoing project by U.S. government researchers called the Agricultural Health Study, includes hundreds of studies and years of data analyzing pesticide impacts on farmers. Blair, who retired from the National Cancer Institute in 2007, was not leading that research but was part of a team of scientists who in 2013 were analyzing data about pesticide use and the risk of non-Hodgkin lymphoma. The data specific to glyphosate did not show a connection to NHL but in working to publish a paper about all the data the group had gathered, they decided to narrow the focus to insecticides and in 2014 did publish a paper on that work. The data on glyphosate and NHL has yet to be published, and some scientists who are familiar with the work say it has not tracked people long enough yet to be definitive given NHL generally takes 20 or more years to develop. A prior compilation of data by AHS researchers that also showed no connection between glyphosate and NHL was published in 2005 and was considered by IARC. But because the newer data was not published it was not considered by IARC.

Blair said the decision to limit the published work to insecticides was to make the data more manageable and was made well before IARC announced it would be looking at glyphosate in 2015.

“The rule is you only look at things that are published,” Blair told me this week after the Reuters story was published. “What would it be like if everyone on the working group whispered things they knew but weren’t published and made decisions on that?” IARC confirmed it does not consider unpublished research. In his deposition, Blair states that nothing has changed his opinion about glyphosate and NHL.

Epidemiologist and University of Toronto scientist John McLaughlin, who sat on the glyphosate working group for IARC with Blair, said to me in a note this week that the information about the unpublished work written about by Reuters did not alter his view of the validity of IARC conclusion on glyphosate either.

Also left out of the Reuters story – the deposition and a draft copy of the study in question shows that there were concerns about the AHS results due to “relatively small” subgroups of exposed cases. And notably, the Reuters report leaves out Blair’s discussion of the North American Pooled Project, in which he participated, which also contains data related to glyphosate and NHL but is not favorable to Monsanto. A synopsis of that project presented to the International Society for Environmental Epidemiology in 2015 showed that people who used glyphosate for more than five years had significantly increased odds of having NHL, and the risk was also significantly higher for people who handled glyphosate for more than two days per year. That information, like the new AHS data, was not given to IARC because it wasn’t yet published.

“When Dr. Blair’s deposition transcript is read in total, it shows that nothing was wrongfully withheld from IARC,” said Plaintiffs’ attorney Aimee Wagstaff. She said Monsanto was using pieces of the deposition to “further its agenda in the media.”

To epidemiologist Peter Infante, who spent more than 20 years leading a cancer identification unit at the Occupational Safety and Health Administration and analyzed a body of epidemiology research on glyphosate in testimony to an Environmental Protection Agency (EPA) Scientific Advisory Committee in December, the attention drawn to unpublished data that supports Monsanto’s position is much ado about nothing.

“You still have other studies that show dose response,” he told me. “This Agricultural Health Study is not the gold standard. For glyphosate and NHL they haven’t been following people long enough. Even if the data had been published and had been considered by IARC it would be in the context of all the other study results.”

And finally, in an odd exclusion, the story fails to disclose that Kelland herself has at least tangential ties to Monsanto and friends. Kelland has helped promote an organization called the Science Media Centre, a group whose aim is to connect certain scientists such as Tarone with journalists like Kelland, and which gets its largest block of funding from corporations that include the agrichemical industry. Current and past funders include Monsanto, Monsanto’s proposed merger partner Bayer AG, DuPont and agrichemical industry lobbyist CropLife International. Kelland appears in a promotional video for SMC touting the group and authored an essay applauding the SMC that appeared in a SMC promotional report.

As a Reuters reporter for 17 years (1998-2015) I know the value of an “exclusive.” The more such scoops a reporter garners, the more bonus points and high praise from editors. It’s a system seen in many news agencies and it works great when it encourages dogged, investigative journalism. But powerful corporations like Monsanto also know how eager reporters are to land exclusives and know that handing favored journalists cherry-picked information with the promise of exclusivity can serve their public relations needs quite well. Follow up the hand-fed story with a press release from an industry-funded outlet and calls for an investigation from the industry group American Chemistry Council and you have propaganda gold.

What you don’t have is the truth.

Of Mice, Monsanto and a Mysterious Tumor

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Call it the case of the mysterious mouse tumor.

It’s been 34 years since Monsanto Co. presented U.S. regulators with a seemingly routine study analyzing the effects the company’s best-selling herbicide might have on rodents. Now, that study is once again under the microscope, emerging as a potentially pivotal piece of evidence in litigation brought by hundreds of people who claim Monsanto’s weed killer gave them cancer.

This week tissue slides from long-dead mice in that long-ago research study are being scrutinized by fresh eyes as an expert pathologist employed by lawyers for cancer victims looks for evidence the lawyers hope will help prove a cover-up of the dangers of the weed killer called glyphosate.

Glyphosate, which is the active ingredient in Monsanto’s branded Roundup products, is the most widely used herbicide in the world, and is applied broadly in the production of more than 100 food crops, including wheat, corn and soy, as well as on residential lawns, golf courses and school yards.

Residues have been detected in food and human urine, and many scientists around the world have warned that exposure through diet as well as through application can potentially lead to health problems. The World Health Organization’s International Agency for Research on Cancer (IARC) declared glyphosate a probable human carcinogen in 2015 based on a review of scientific literature, triggering the wave of lawsuits against Monsanto, and pushing California regulators to announce they would add glyphosate to a list of known carcinogens.

What the expert finds, or doesn’t find, is expected to be key evidence in hearings slated for the week of Dec. 11 in dozens of consolidated cases being overseen by a federal judge in San Francisco.

Rewind to 1983

Monsanto, as well as many other scientists and regulatory bodies, have defended glyphosate’s safety. They say research showing a cancer connection is flawed and hundreds of studies support its safety.

And yet—rewind to July 1983 and a study titled “A Chronic Feeding Study of Glyphosate (Roundup Technical) in Mice.” Following the document trail that surrounds the study offers an illuminating look into how science is not always clear-cut, and the lengths Monsanto has had to go to in order to convince regulators to accept scientific interpretations that support the company’s products.

The two-year study ran from 1980-1982 and involved 400 mice divided into groups of 50 males and 50 females that were administered three different doses of the weed killer or received no glyphosate at all for observation as a control group. The study was conducted for Monsanto to submit to regulators. But unfortunately for Monsanto, some mice exposed to glyphosate developed tumors at statistically significant rates, with no tumors at all in non-dosed mice.

A February 1984 memo from Environmental Protection Agency toxicologist William Dykstra stated the findings definitively: “Review of the mouse oncogenicity study indicates that glyphosate is oncogenic, producing renal tubule adenomas, a rare tumor, in a dose-related manner.” Researchers found these increased incidences of the kidney tumors in mice exposed to glyphosate worrisome because while adenomas are generally benign, they have the potential to become malignant, and even in noncancerous stages they have the potential to be harmful to other organs. Monsanto discounted the findings, arguing that the tumors were “unrelated to treatment” and showing false positives, and the company provided additional data to try to convince the EPA to discount the tumors.

But EPA toxicology experts were unconvinced. EPA statistician and toxicology branch member Herbert Lacayo authored a February 1985 memo outlining disagreement with Monsanto’s position. A “prudent person would reject the Monsanto assumption that Glyphosate dosing has no effect on kidney tumor production,” Lacayo wrote. ”Glyphosate is suspect. Monsanto’s argument is unacceptable.”

Eight members of the EPA’s toxicology branch, including Lacayo and Dykstra, were worried enough by the kidney tumors in mice that they signed a consensus review of glyphosate in March 1985 stating they were classifying glyphosate as a Category C oncogen, a substance “possibly carcinogenic to humans.”

Research rebuttal

That finding did not sit well with Monsanto, and the company worked to reverse the kidney tumor concerns. On April 3, 1985, George Levinskas, Monsanto’s manager for environmental assessment and toxicology, noted in an internal memorandum to another company scientist that the company had arranged for Dr. Marvin Kuschner, a noted pathologist and founding dean of the medical school at the State University of New York at Stony Brook, to review the kidney tissue slides.

Kushner had not yet even accessed the slides but Levinskas implied in his memo that a favorable outcome was assured: “Kuschner will review kidney sections and present his evaluation of them to EPA in an effort to persuade the agency that the observed tumors are not related to glyphosate,” Levinskas wrote. Notably, Levinskas, who died in 2005, was also involved in efforts in the 1970s to downplay damaging findings from a study that found rats exposed to Monsanto’s PCBs developed tumors, documents filed in PCB litigation revealed.

Kuschner’s subsequent re-examination did —as Monsanto stated it would—determine the tumors were not due to glyphosate. Looking over slides of the mouse tissue from the 1983 study, Kuschner identified a small kidney tumor in the control group of the mice – those that had not received glyphosate. No one had noted such a tumor in the original report. The finding was highly significant because it provided a scientific basis for a conclusion that the tumors seen in the mice exposed to glyphosate were not noteworthy after all.

Additionally, Monsanto provided the EPA with an October 1985 report from a “pathology working group” that also rebutted the finding of the connection between glyphosate and the kidney tumors seen in the 1983 study. The pathology working group said “spontaneous chronic renal disease” was “commonly seen in aged mice.” Monsanto provided the report to the EPA stamped as a “trade secret” to be kept from the prying eyes of the public.

The EPA’s own scientists still did not agree, however. An EPA pathologist wrote in a December 1985 memo that additional examination of the tissue slides did not “definitively” reveal a tumor in the control group. Still, the reports by the outside pathologists brought into the debate by Monsanto helped push the EPA to launch a reexamination of the research.

And by February 1986 an EPA scientific advisory panel had dubbed the tumor findings equivocal; saying that given the tumor identified in the control group by some pathologists, the overall incidences of tumors in the animals given glyphosate were not statistically significant enough to warrant the cancer linkage.

The panel did say there may be reason for concern and noted that the tumor incidences seen in the mice given glyphosate were “unusual.”

The advisory panel told the EPA the studies should be repeated in hopes of more definitive findings, and that glyphosate be classified into what the agency at that time called Group D—“not classifiable as to human carcinogenicity.” The EPA asked Monsanto for a repeat of the mouse oncogenicity study but Monsanto refused to do so.

The company argued “there is no relevant scientific or regulatory justification for repeating the glyphosate mouse oncogenicity study.” Instead, the company provided EPA officials with historical control data that it argued supported its attempt to  downplay the tumor incidences seen in the worrisome 1983 study.

The company said the tumors in mice appear “with some regularity” and were probably attributable to “genetic or environmental” factors. “It is the judgement of Monsanto scientists that the weight-of-evidence strongly supports a conclusion that glyphosate is not oncogenic in the mouse.” Monsanto said repeating the mouse study would “require the expenditure of significant resources… and tie-up valuable laboratory space.”

Feds fold

The discussions between Monsanto and the EPA dragged on until the two sides met in November 1988 to discuss the agency’s request for a second mouse study and Monsanto’s reluctance to do so. Members of the EPA’s toxicology branch continued to express doubts about the validity of Monsanto’s data, but by June of 1989, EPA officials conceded, stating that they would drop the requirement for a repeated mouse study.

By the time an EPA review committee met on June 26, 1991, to again discuss and evaluate glyphosate research, the mouse study was so discounted that the group decided that there was a “lack of convincing carcinogenicity evidence” in relevant animal studies. The group concluded that the herbicide should be classified far more lightly than the initial 1985 classification or even the 1986 classification proposed by the advisory panel. This time, the EPA scientists dubbed the herbicide a Group E chemical, a classification that meant “evidence of non-carcinogenicity for humans.” At least two members of the EPA committee refused to sign the report, stating that they did not concur with the findings. In a memo explaining the decision, agency officials offered a caveat. They wrote that the classification “should not be interpreted as a definitive conclusion that the agent will not be a carcinogen under any circumstances.”

Despite the EPA’s ultimate conclusion, the mouse study was among those cited by IARC for classifying glyphosate as a probable human carcinogen. Indeed, many other animal studies have similarly had questionable results, including a 1981 rat study that showed an increase in incidences of tumors in the testes of male rats and possible thyroid carcinomas in female rats exposed to glyphosate and a 1990 study that showed pancreatic tumors in exposed rats. But none have swayed the EPA from its backing of glyphosate safety.

Christopher Portier, who was an invited specialist to the IARC review of glyphosate and is former director of the National Center for Environmental Health and Agency for Toxic Substances and Disease Registry at the U.S. Centers for Disease Control and Prevention, believes the evaluations applied to glyphosate data by regulators are “scientifically flawed” and putting public health at risk.

“The data in these studies strongly supports the ability of glyphosate to cause cancer in humans and animals; there is no reason to believe that all of these positive studies arose simply by chance,” Portier said.

Monsanto fought the plaintiffs’ request to view the mouse tissue slides, calling it a “fishing expedition,” but was overruled by U.S. District Judge Vince Chhabria who is overseeing the roughly 60 combined lawsuits under his purvey. Monsanto has confirmed that roughly 900 additional plaintiffs have cases pending in other jurisdictions. All make similar claims – that Monsanto manipulated the science, regulators and the public in ways that hid or minimized the danger posed by its herbicide.

“The importance of the original kidney slides and the re-cut kidney slides is immense to the question of general causation and played a critical role in the EPA’s decision to re-categorize glyphosate…” the plaintiffs’ attorneys stated in a court filing.

Plaintiffs’ attorney Aimee Wagstaff reiterated that in a recent court hearing, telling Judge Chhabria that the events surrounding the 1983 mouse study “sort of dominoed,” and potentially are “extremely relevant” to the cancer litigation.

(First published in Environmental Health News)

(Coming in October 2017 – Whitewash- The Story of a Weed Killer, Cancer, and the Corruption of Science, Island Press)