Monsanto scientist defends Roundup safety in California trial

Print Email Share Tweet

A senior scientist at the former Monsanto Co. told jurors in a California trial that the company’s Roundup herbicide is so safe that the scientist uses it regularly at her home, and suggests friends also use the weed killing product.

Donna Farmer, who worked as a toxicologist at Monsanto for more than two decades and now works at Monsanto owner Bayer AG, spent long hours testifying Monday and on multiple days last week in the case of Donnetta Stephens v. Monsanto. The Stephens case is the fourth Roundup cancer lawsuit to go to trial and the first since 2019. Stephens suffers from non-Hodgkin lymphoma she blames on her use of Roundup herbicide for more than 30 years.

Stephens is one of tens of thousands of plaintiffs who filed U.S. lawsuits against Monsanto after the World Health Organization’s cancer experts in 2015 classified glyphosate – the active ingredient in Monsanto’s herbicides – as a probable human carcinogen with an association to non-Hodgkin lymphoma.

Monsanto lost each of the three previous trials, after lawyers for the plaintiffs presented jurors with multiple scientific studies finding potential health risks with glyphosate and Roundup  The plaintiffs lawyers also used internal Monsanto documents as evidence, arguing the so-called “Monsanto Papers” showed intentional efforts by the company to manipulate regulators and control scientific research.

The jury in the last trial ordered $2 billion in damages though the award was later shaved to $87 million.

Bayer, which bought Monsanto in 2018, insists there is no cancer risk with its glyphosate herbicides, but it has agreed to pay close to $14 billion to try to settle the litigation and said it will remove glyphosate products from the U.S. consumer market by 2023. The company will continue to sell the herbicides to farmers and other commercial users.

Combative exchanges

In testimony delivered under cross-examination by Stephens’ lawyer William Shapiro, Farmer was combative, going beyond answering the yes or no questions Shapiro posed to her in an effort to “explain” the context she said Shapiro was misrepresenting.

Shapiro quizzed Farmer about emails and documents dating back to the late 1990s that Shapiro presented as evidence that Farmer and other company scientists engaged in misconduct, including ghostwriting scientific papers to fraudulently assert the safety of its glyphosate-based herbicides and buried information that found cancer risk with the products.

On Monday, Monsanto lawyer Manuel Cachan questioned Farmer about many of the same pieces of evidence focused on by Shapiro, but cast the emails and other evidence as innocent exchanges that bear no signs of deceit or misconduct.

Under Cachan’s questioning, Farmer said that based on the science that she is familiar with, she does not believe glyphosate causes cancer, and is confident that Roundup is safe to use. She said that she is so certain of the safety of Roundup that she has used it around her yard for about 25 years. She does not wear gloves or special protective gear when spraying, she testified. Farmer said she has no worries about recommending the product to family members and friends.

Farmer said the phase-out for consumers is not due to any safety concerns and is being removed from consumer markets simply “because of the litigation and the lawsuits.” Farmer said she does not think the product should be withdrawn.

“The product is in my opinion – and not just my opinion but regulators around the world – the product is safe and is not a carcinogen,” Farmer testified.

Even after Bayer stops selling Roundup to consumers in 2023, Farmer said she plans to keep using it.

“It has a good shelf life so I’ll probably buy some extra bottles,” she said. “You can go to dealerships in farm country, you can buy some of the products there.”

Monsanto has been persecuted by an anti-pesticide movement, according to Farmer.

“There are a lot of people who don’t like pesticides. They don’t like glyphosate and quite frankly don’t like Monsanto. There are a lot of people who make allegations and spread misinformation about the safety of our products,” Farmer testified.

Beyond Pesticides

At one point in her testimony, Farmer weighed in on a nonprofit group and Monsanto critic called Beyond Pesticides, telling jurors that Beyond Pesticides was not a scientific group but rather an activist group that was “misrepresenting the science” about synthetic pesticides such as glyphosate.

“Their mission is to stop the use of synthetic pesticides and so what they publish is misinformation, inaccurate information about pesticides,” she testified.

Monsanto’s lawyer asked her to address a 2008 internal Monsanto email regarding a press release issued by Beyond Pesticides. The press release by the nonprofit group shared a research study that found glyphosate exposure could increase a person’s risk of developing non-Hodgkin lymphoma. The group advised people should embrace organic agriculture and use “non-toxic land care” on residential lawns.

In the email, Farmer had written to colleagues: “We have been aware of this paper for awhile and knew it would only be a matter of time before the activists picked it up.” Mentioning the Beyond Pesticides line about embracing organic agriculture, Farmer had written: How do we combat this?”

Under questioning from Monsanto’s lawyer, Farmer explained that she was not indicating Monsanto should try to combat the scientific research but was addressing only the Beyond Pesticide advice about avoiding pesticide use.

The Stephens trial started as an in-person proceeding but was changed to a Zoom trial due to concerns about the spread of Covid-19, and has been plagued by repeated “technical problems” ever since the change. Several times jurors and/or a witness have lost their audio and/or video connections to the trial.

Judge Gilbert Ochoa of the Superior Court of San Bernardino County in California, is overseeing the proceedings.

The trial does not resume until Monday Oct. 4 because of scheduling conflicts for some of the trial participants.

EPA’s “scientific integrity” program lacks teeth, group alleges

Print Email Share Tweet

Insiders at the Environmental Protection Agency (EPA) have alleged dozens of violations of the agency’s “scientific integrity” policy over the last few years, including complaints of political interference and tampering with chemical risk assessments, but nearly all the complaints have been ignored, according to an analysis conducted by a nonprofit group representing EPA employees.

Seven complaints were filed very recently- between January and July of this year, according to EPA data obtained by the group.

Since 2017 there have been a total of 68 allegations of scientific integrity violations inside the EPA, including 35 allegations filed between 2019 and mid-year 2021, according to Public Employees for Environmental Responsibility (PEER).

PEER is currently representing four EPA scientists who have come forward as whistleblowers, offering internal agency emails and other documents as evidence of what they allege is wide-spread corruption driven by powerful political and corporate influences.

Among other things, those whistleblowers have claimed specifically that chemical risk assessments have been altered, or otherwise tampered with, in order to make chemicals entering the marketplace appear safer than they actually are. The result leaves the public exposed to chemicals that may cause cancer, developmental problems or other hidden health risks.

Importantly, the whistleblowers have said that agency misconduct has continued through the first several months of the Biden administration.

The information obtained by PEER shows that of the 35 allegations filed from 2019 through June 2021, 12 were closed, 22 remained unresolved and only one was deemed “substantiated,” but even that one has not led to any punishment.

“It’s a complete sham,” Jeff Ruch, one of PEER’s regional directors and former executive director, said of the EPA’s scientific integrity program. “They give the illusion that they have a program, but it’s worse than nothing because it suggests they’re holding themselves to a high standard of scientific integrity when they’re not.”

Interference

The EPA has publicly reported scientific integrity complaint information through 2018, but has not filed public reports for complaint information since. The data for 2019 through June of 2021 was procured by PEER through a Freedom of Information Act request. The nonprofit requested details about the complaints and their handling but EPA provided only very limited information illustrated in pie charts.

The information in the pie charts shows that “interference” in scientific work ranked as the most often-cited type of complaint. Five of the seven complaints recorded for the first half of 2021 were for interference, for instance.

Shortly after taking office, President Biden launched a review of federal scientific integrity policies, saying “Scientific findings should never be distorted or influenced by political considerations.”

The directive said ”Improper political interference in the work of Federal scientists… undermines the welfare of the Nation, contributes to systemic inequities and injustices, and violates the trust that the public places in government to best serve its collective interests.”

In one example of such interference, PEER filed a complaint last year with the EPA’s Office of  Inspector General charging that then EPA Administrator Andrew Wheeler, along with other high-ranking EPA officials, excluded key scientific information and the analysis of experts​ in changing the definition of “water of the United States” under the Clean Water Act, a move PEER and others said threatened clean drinking water around the country. 

“Major” hindrances

PEER describes what it calls “major” hindrances within the EPA’s Scientific Integrity program, including a “lack of investigative staff,” an “inability to draw upon expertise needed to assess technical issues,” and the “absence of any protocol for reviewing or investigating complaints.”

And notably, violations of the agency’s scientific integrity policy carry no penalties, PEER said.  The group’s experience representing whistleblowers indicates violations are largely addressed by trying to “persuade non-compliant managers to address their own violations,” PEER said.

The group said with respect to the current whistleblower complaints PEER is involved in, the EPA scientists notified the agency’s office of scientific integrity last November about their concerns about a memorandum that made policy changes they scientists said weakened human health assessments in a way that made them less likely to find risks with a new chemical substance. Their concerns were ignored for months, according to PEER. The memorandum was eventually revoked, but the altered chemical assessments were not corrected and the scientists fear the policy memo will be reinstituted, according to PEER.

In the EPA’s 2018 report, the agency said that “Scientific integrity remains an ongoing priority for EPA,” and said the agency works with special advisors and committees and engages the Office of Inspector General (OIG) when needed to protect and advance the integrity of the agency’s scientific work.

“Scientific integrity is the compass that guides EPA in its mission to protect human health
and the environment,” the agency states in the report.

Cancer patient lawyer spars with Monsanto scientist in California Roundup trial

Print Email Share Tweet

A lawyer for a woman claiming her use of Roundup herbicide caused her to develop non-Hodgkin lymphoma sparred with a longtime Monsanto scientist in court on Wednesday, forcing the scientist to address numerous internal corporate documents about research showing Monsanto weed killers could be genotoxic and lead to cancer.

The testimony by former Monsanto scientist Donna Farmer marked her second day on the stand and  came several weeks into the case of Donnetta Stephens v. Monsanto, the fourth Roundup trial in the United States, and the first since 2019. Juries in three prior trials all found in favor of plaintiffs who, like Stephens, alleged they developed non-Hodgkin lymphoma due to their use of Roundup or other Monsanto herbicides made with the chemical glyphosate. Thousands of people have filed similar claims.

Bayer AG, which bought Monsanto in 2018, has earmarked more than $14 billion to try to settle all of the U.S. Roundup litigation, but many plaintiffs have refused to settle, and cases continue to go to trial.

A “genotox hole”

In hours of contentious back-and-forth, interrupted repeatedly by objections from a Monsanto attorney, Stephens’ lawyer William Shapiro quizzed Monsanto toxicologist Donna Farmer about emails and documents dating back to the late 1990s that focused on research – and the company’s handling of that research – into whether or not the company’s herbicide products could cause cancer.

In one line of questioning, Shapiro asked Farmer about emails in which she and other company scientists discussed the company’s response to outside research that concluded the company’s glyphosate-based herbicides were genotoxic, meaning they damaged human DNA. Genotoxicity is an indicator that a chemical or other substance may cause cancer.

Shapiro focused during one series of questions on work done by a scientist named James Parry, who Monsanto hired as a consultant in the 1990s to weigh in on the genotoxicity concerns about Roundup being raised at the time by outside scientists. Parry’s report agreed there appeared to be “potential genotoxic activity” with glyphosate, and recommended that Monsanto do additional studies on its products.

In an internal Monsanto email dating from September 1999 written to Farmer and other company scientists, a Monsanto scientist named William Heydens said this about Parry’s report: “let’s step back and look at what we are really trying to achieve here. We want to find/develop someone who is comfortable with the genetox profile of glyphosate/Roundup and can be influential with regulators and Scientific Outreach operations when genetox issues arise. My read is that Parry is not currently such a person, and it would take quite some time and $$$/studies to get him there. We simply aren’t going to do the studies Parry suggests.”

In a separate email revealed through the litigation, Farmer wrote that Parry’s report put the company into a “genotox hole” and she mentioned a suggestion by a colleague that the company should “drop” Parry.

Farmer testified that her mention of a “genotox hole” referred to problems with “communication” not about any cancer risk. She also said that she and other Monsanto scientists did not have concerns with the safety of glyphosate or Roundup, but did have concerns about how to respond to paper and research by outside scientists raising such concerns.

Shapiro pressed Farmer on her reaction to Parry’s finding: “You thought it would be okay on behalf of Monsanto to receive information as you did from Dr. Parry that this Roundup product was genotoxic or could be, you thought it would be okay to go ahead and continue to sell the product, correct?”

Farmer replied: “We didn’t agree with Professor Parry’s conclusions at the time that it may be, could be, capable of being genotoxic. We had other evidence….  We had regulators who had agreed with our studies and conclusions that it was not genotoxic.”

Her answer was interrupted as Shapiro objected, saying he was asking a yes or no question and Farmer’s attempt to respond beyond that should be stricken. The judge agreed and struck part of the response.

Continuing his questioning, Shapiro asked: “Well that didn’t work out to have Dr. Parry be the spokesperson for Monsanto, did it Dr. Farmer?

“I would disagree with you because there is still a lot more to this Professor Parry, working with him, and I’d be happy to…” Farmer replied before being cut off by another Shapiro objection and the judge’s striking of everything following the first five words.

A similar pattern played out throughout Farmer’s testimony as Stephens’ lawyer objected to Farmer’s attempts to provide extended answers to multiple questions posed, and Monsanto’s lawyer Manuel Cachan objecting repeatedly to Shapiro’s questions as “argumentative.”

Ghostwriting and “FTO”

Shapiro asked Farmer to address multiple issues expressed in the internal corporate emails, including one series in which Monsanto scientists discussed ghostwriting scientific papers, including a very prominent paper published in the year 2000 that asserted there were no human health concerns with glyphosate or Roundup.

Shapiro additionally asked Farmer to address a strategy Monsanto referred to in emails as “Freedom to Operate” or “FTO”. Plaintiffs’ lawyers have presented FTO as Monsanto’s strategy of doing whatever it took to lessen or eliminate restrictions on its products.

And he asked her about Monsanto emails expressing concerns about research into dermal absorption rates – how fast its herbicide might absorb into human skin.

Farmer said multiple times that information was not being presented in the correct context, and she would be happy to provide detailed explanations for all of the issues raised by Shapiro, but was told by the judge she would need to wait until questioning by Monsanto’s lawyers to do so.

Zoom trial

The Stephens trial is taking place under the oversight of Judge Gilbert Ochoa of the Superior Court of San Bernardino County in California. The trial is being held via Zoom due to concerns about the spread of Covid-19, and numerous technical difficulties have plagued the proceedings. Testimony has been halted multiple times because jurors have lost connections or had other problems that inhibited their ability to hear and view the trial testimony.

Stephens is one of tens of thousands of plaintiffs who filed lawsuits against Monsanto after the World Health Organization’s cancer experts classified glyphosate as a probable human carcinogen with an association to non-Hodgkin lymphoma.

The three prior trials were all lengthy, in-person proceedings loaded with weeks of highly technical testimony about scientific data, regulatory matters and documents detailing internal Monsanto communications.

Litigation against Syngenta grows; lawyers fight over evidence and trial dates

Print Email Share Tweet

Syngenta AG is facing a growing number of U.S. lawsuits over allegations that its paraquat herbicide causes Parkinson’s disease, with a Fresno, California man pushing for an expedited trial that potentially would start within the next few months, and multiple plaintiffs’ lawyers jockeying for power and influence over future trial proceedings.

Plaintiff George Isaak used paraquat to treat weeds on orchard and vineyard property from 1964 through 2004, mixing, loading and spraying the pesticide routinely before he was diagnosed with Parkinson’s in May of 2020, according to his lawsuit.

Isaak used a 200-gallon “spraying rig” on the 60-acre farm where he raised peaches, nectarines, almonds, pistachios, and grapes before retiring in 2005. Isaak, 84, now has such severe Parkinson’s symptoms that he has suffered several falls, finds it hard to speak, and is confined to a wheelchair, according to his lawyers.

Isaak attorney Mike Miller said his client has been left with “horrible” injuries from Parkinson’s.

Isaak should now be given a trial date no later than January due to his decline in cognition and overall debilitation to his health, according to a court filing by The Miller Firm and co-counsel.

Isaak “had no reason to suspect that chronic, low-dose exposure to Paraquat could cause neurological diseases such as Parkinson’s disease,” the lawsuit states. But evidence will show, the lawsuit contends, that the paraquat use was a “substantial factor in causing Plaintiff George Isaak to suffer severe and permanent physical injuries, pain, mental anguish, and disability, and will continue to do so for the remainder of Plaintiff George Isaak’s life.”

Carol Isaak, George Isaak’s wife, is also a plaintiff in the lawsuit and is seeking a claim for loss of consortium.

There are hundreds of cases pending in state and federal courts around the country, according to a June 22 court filing. The plaintiffs in those cases all allege Syngenta was aware of the risks but failed to warn users.

Syngenta, which is owned by a Chinese chemical company, has denied the allegations, and is seeking to dismiss, or limit the lawsuits. The company filed a “partial motion to dismiss” in federal court on Sept. 13, citing various state law provisions in asking the court to dismiss claims “for breach of warranty, fraud, and violation of certain consumer protection statutes.”

Along with Syngenta, the defendants include Chevron Phillips Chemical Company LP, and Chevron USA, Inc. All have denied any liability.

Infighting among plaintiffs’ lawyers

Syngenta said in a Sept. 17 court filing that it opposes the granting of an expedited trial, known as a “preference” trial, for Isaak.

“Mr. Isaak has presented no evidence regarding his alleged paraquat exposures, and his medical records and doctor’s declaration cast doubt on whether he actually has Parkinson’s disease,” the company said in its filing.

Syngenta noted that there are many other plaintiffs expected to request preference trials.

In addition to the objection from Syngenta, Isaak’s lawyers effort to obtain court approval for a preference trial has come into conflict with an effort by other attorneys representing other plaintiffs in the paraquat litigation.

Plaintiffs law firm Walkup, Melodia, Kelly & Schoenberger is seeking to create a special committee made up of plaintiffs’ lawyers that would evaluate and screen cases seeking preference trials. Typically such requests for expedited trials go directly to a judge.

The firm said a committee was needed because many of the plaintiffs in the overall paraquat litigation would “likely qualify” for preference. They are proposing a protocol implemented by a five-member committee of plaintiffs’ lawyers.

“The majority of the plaintiffs, including both filed and unfiled cases known to plaintiffs’ counsel, are over the age of 65. The reality of these cases is that there are many plaintiffs, as well as many potential plaintiffs, whose disease progression is unstable and who have a real and substantial danger of losing their ability to testify, or losing their ability to meaningfully utilize their compensation, if their trials are not prioritized,” the firm stated in a court filing.

The firm added in a separate filing: “An uncontrolled race to file competing preference motions risks sending a plaintiff to trial who does not represent the plaintiff population. And should the initial trials be ultimately unsuccessful, it jeopardizes the rights of all remaining plaintiffs in the proceeding.”

Isaak’s lawyers oppose the formation of such a committee and filed a memorandum explaining that opposition on Sept. 17, arguing that the use of a preference committee is “unconstitutional on its face.”

Whether or not a plaintiff meets the criteria deserving of a preference trial should not be left up to the arbitrary nature of a committee of other plaintiffs’ attorneys, they said.

The attorneys registering opposition to the preference committee additionally allege that the Walkup firm has a conflict of interest because it has already reached a “large, lucrative” settlement agreement with Syngenta for some of its clients, and until that deal is finalized, Syngenta and the other defendants still could walk away from the deal.

Thus, the Walkup firm is “a conflicted law firm,” the attorneys allege. In addition to The Miller Firm, the law firms registering opposition are the Wagstaff Law Firm and Brady Law Group.

A hearing on the matter is set for Sept. 30.

Battle over discovery documents

The lawyers for plaintiffs have also been fighting over access to internal Syngenta corporate documents and other evidence obtained as part of court-ordered “discovery.”

Over the last few years, Syngenta and the other defendants turned over millions of documents to Missouri lawyer Steve Tillery in his representation of a paraquat lawsuit titled Hoffman V. Syngenta, that was pending in St. Clair County, Illinois. The Hoffman case had been set to go to trial earlier this year but Tillery and the defendants agreed to a settlement and no trial was held.

The lawyers for the plaintiffs pursuing trials want to make use of the materials already turned over in the Hoffman case, including internal corporate documents as well as depositions and expert reports. Tillery and Syngenta objected to sharing some of the materials but were ordered to do so by the federal judge overseeing consolidated paraquat proceedings in the Northern District of California.

Scientific studies

Several scientific studies have linked paraquat to Parkinson’s, including a large study of U.S. farmers jointly overseen by multiple U.S. government agencies.  Farmers use paraquat in the production of many crops, including corn, soy and cotton. The Agricultural Health Study (AHS) said it found that “exposure to agricultural pesticides may increase a person’s risk of developing Parkinson’s disease.” In 2011, AHS researchers reported that “participants who used paraquat or rotenone were twice as likely to develop Parkinson’s disease as people who didn’t use these chemicals.”

Syngenta argues that newer and more robust research, including by AHS scientists, has discounted a tie between paraquat and Parkinson’s.

A recent paper from AHS researchers stated that “Extensive literature suggests an association between general pesticide use and Parkinson’s disease (PD). However, with few exceptions, little is known about associations between specific pesticides and PD.”

Because the paraquat litigation is expected to continue to grow, the U.S. Judicial Panel on Multidistrict Litigation (MDL) in Washington, D.C. approved the consolidation of pretrial proceedings in the U.S. District Court in the Southern District of Illinois under the oversight of Chief Judge Nancy Rosenstengel.

Similarly, several other cases are consolidated in Judicial Council Coordination Proceedings in Contra Costa County Superior Court in California.

Monsanto lawyer cross-examines cancer patient over her claims Roundup caused her disease

Print Email Share Tweet

A California woman suing Monsanto over allegations that her use of Roundup weed killer caused her to develop cancer testified Monday that she had a hard time remembering many details about the extent of her use of the pesticide, struggling to answer several questions posed by a Monsanto attorney.

In cross examination, Monsanto attorney Bart Williams pressed plaintiff Donnetta Stephens on how much and when she had used the company’s popular herbicide before she was diagnosed with non-Hodgkin lymphoma in 2017. Peppering Stephens with questions about changes in information she provided in depositions and interrogatories, the company’s lawyer sought to cast doubt on the span and volume of her actual use and exposure.

In testimony last week, Stephens’ son David Stephens recalled his mother’s frequent use of Roundup and her tendency to wear sleeveless shirts and shorts when outside spraying the weed killer. He described recalling her use when he was a child and seeing that use continuing when he was an adult.

But in Monday’s testimony, Williams sought to undermine Donnetta Stephens credibility, implying that her son and husband were the architects of many of her answers about her use of Roundup provided in pre-trial documents.

He said that Stephens and her husband had “changed your story about the length of time you had used Roundup,” saying initially her use dated back to 2003 but then saying the use began in 1985.

Stephens acknowledged that her memories of her use were aided by information from her family.

“You and I agree that one should not swear to something, accuracy, if you don’t know whether it is true or not.  That is my question,” Monsanto’s lawyer addressed Stephens.

“At that time, I believed it to be true, yes sir,” she replied.

“You believed it to be true solely because that’s what your husband or your son said, correct?” Williams  asked.

“Yes,” Stephens answered.

The line of questioning was anticipated in a June filing by Stephens’ lawyers, explaining to the judge that Stephens is in frail health after six cycles of chemotherapy and has suffered significant memory loss, making her “unable to recall certain Roundup exposures.”

She had told lawyers initially that her exposure extended over 14 years but amended that to say it was  closer to 30 years after being reminded of her use of Roundup products at a property where she had previously lived, according to her lawyers.

In their June filing, Stephens lawyers said Monsanto’s attorneys were accusing them and Stephens of “engaging in gamesmanship,” and allegation they denied.

Stephens testified that she does remember that sometimes when she was spraying Roundup the wind would blow spray onto her bare skin. She said she would not immediately wash it off, showering only after she completed her yardwork.

“It was all over me,” Stephens said.

At one point Monsanto’s attorney asked Stephens about her relationship with her children. When Stephens insisted she was close to her children, Monsanto’s attorney played a video deposition of a previous statement she had made saying the opposite.

Longtime Monsanto scientist Donna Farmer is scheduled to testify Tuesday.

Monsanto is owned by Germany’s Bayer AG. Bayer bought Monsanto in 2018.

Preference case

Stephens’ trial is a “preference” case, meaning her case was expedited after her lawyers informed the court that Stephens was “in a perpetual state of pain” and losing cognition and memory.

The case is being tried in the Superior Court of San Bernardino County in California under the oversight of Judge Gilbert Ochoa. It is the fourth Roundup cancer trial to take place in the United States and the first since 2019. Juries in all three prior trials found in favor of the plaintiffs, agreeing with claims that Monsanto’s glyphosate-based weed killers, such as Roundup, cause non-Hodgkin lymphoma and Monsanto spent decades covering up the risks, and failing to warn users.

Stephens is one of tens of thousands of plaintiffs who filed lawsuits against Monsanto after the World Health Organization’s cancer experts classified glyphosate as a probable human carcinogen with an association to non-Hodgkin lymphoma.

The three prior trials were all lengthy, in-person proceedings loaded with weeks of highly technical testimony about scientific data, regulatory matters and documents detailing internal Monsanto communications.

Stephens trial is being held via Zoom due to concerns about the spread of Covid-19, and numerous technical difficulties have plagued the proceedings. On Monday, the trial was stopped several times because jurors lost connections or had other problems that inhibited their ability to hear and view the trial testimony.

Son testifies about his mother’s cancer alleged due to Roundup exposure

Print Email Share Tweet

A woman suffering from non-Hodgkin lymphoma was a devoted user of Roundup herbicide for decades before she became ill, her son testified Tuesday in a California trial that marks the fourth such trial pitting a cancer victim against Roundup maker Monsanto.

Under questioning by a lawyer representing plaintiff Donetta Stephens, her son David Stephens recalled his mother’s frequent use of Roundup in the yard and her tendency to wear sleeveless shirts and shorts when outside spraying the weed killer. He described recalling her use when he was a child and that use continuing when he was an adult and had his own children.

Stephens also testified about a family gathering in which his mother broke the news of her cancer to the family, the lengthy series of medical treatments that followed, his mother’s memory loss and other treatment-related problems, and a period in which his mother was hospitalized multiple times and nearly died.

Stephens is one of tens of thousands of plaintiffs who filed lawsuits against Monsanto after the World Health Organization’s cancer experts in 2015 classified glyphosate as a probable human carcinogen with an association to non-Hodgkin lymphoma. Glyphosate is the active ingredient in Roundup and other weed killing brands.

Bayer AG bought Monsanto in June 2018 just as the first trial was getting underway.

Three previous trials held to date were all found in favor of the plaintiffs. Jurors in those trials agreed with claims that Monsanto’s glyphosate-based weed killers, such as Roundup, cause non-Hodgkin lymphoma, and that Monsanto spent decades covering up the risks and failing to warn users.

The Stephens case is being tried in the Superior Court of San Bernardino County in California under the oversight of Judge Gilbert Ochoa. Though the trial started in person, Judge Ochoa ordered the proceedings shifted to a Zoom trial due to concerns about the spread of Covid-19 virus.

In testimony Tuesday, David Stephens broke down, emotionally describing a time when it appeared his mother was near death, and speaking of a photo he took of her that he thought at the time would be the last.

“I took that picture because when you think that your mother is going to die and that could be the last picture…,” Stephens said haltingly. “I wanted to take that picture so I could remember…”

Donnetta Stephens is now in remission from cancer but has been left debilitated, her son testified.

Former Monsanto scientist Donna Farmer will be called to testify next week, according to Stephens’ lawyer Fletch Trammell.

Technical trouble

The trial has been plagued by technical issues since the transition to a virtual setting through Zoom. There have been multiple times proceedings have been halted because a lawyer or juror loses an audio or video connection or experiences other difficulties. The virtual format has also proven problematic at times for the presentation of certain exhibits.

A courtroom attendant has been assigned to monitor jurors to determine if they are paying attention, and to alert the judge to lost connections or other problems.

In Tuesday’s testimony, as Monsanto lawyer Manuel Cachan was attempting to cross examine Stephens, questioning the reliability of his memory regarding his mother’s use of Roundup, the technical trouble kicked in again.

“I’m sorry for the interruption, juror number 13 is having issues, just starting to quote unquote glitch out,” the courtroom attendant interjected.

Minutes later: “Pardon me… juror number 11 has just disconnected,” the courtroom attendant interrupted again.

Some legal observers have speculated that the losing party in the trial will have an easy avenue for appeal given the persistent interruptions and difficulties.

Trial overlap

A fifth Roundup trial was starting jury selection this week in a case involving a boy with non-Hodgkin lymphoma.

The child, Ezra Clark, is the subject of a trial beginning this week in Los Angeles County Superior Court. Clark was “directly exposed” to Roundup many times as he accompanied his mother while she sprayed Roundup to kill weeds around the property where the family lived, according to court documents. Ezra sometimes played in freshly sprayed areas, according to the court filings.

Ezra was diagnosed in 2016, at the age of 4, with Burkitt’s lymphoma, a form of NHL that has a high tendency to spread to the central nervous system, and can also involve the liver, spleen and bone marrow, according to the court filings.

Ezra’s mother, Destiny Clark, is the plaintiff in the case, filing on behalf of Ezra.

Opening statements in the Clark trial are scheduled to begin Wednesday morning.

Bayer denies any cancer connection

Bayer has earmarked more than $14 billion to try to settle the litigation and has announced it will stop selling glyphosate-based herbicides to consumers by 2023. But the company still insists that the herbicides it inherited from Monsanto do not cause cancer.

Last month Bayer filed a writ of certiorari with the U.S. Supreme Court, seeking the high court’s review of the Ninth Circuit Court of Appeals’ decision in the case of Hardeman v. Monsanto. 

The move is widely seen as Bayer’s best hope for putting an end to claims that exposure to Monsanto’s glyphosate-based herbicides, such as the popular Roundup brand, cause non-Hodgkin lymphoma, and the company failed to warn users of the risks.

During the month-long trial in 2019, lawyers for plaintiff Edwin Hardeman presented jurors with a range of scientific research showing cancer connections to Monsanto’s herbicides as well as evidence of many Monsanto strategies aimed at suppressing the scientific information about the risks of its products. Internal Monsanto documents showed the company’s scientists had engaged in secretly ghost-writing scientific papers that the company then used to help convince regulators of product safety.

EPA whistleblower testifies her advocacy for stronger health protections drew agency retaliation

Print Email Share Tweet

Children’s health expert Ruth Etzel on Monday testified in a public hearing that the Environmental Protection Agency (EPA) worked to silence and harass her, removing her from a top-level position after she complained about agency delays in advancing a lead poisoning prevention program.

In testimony before Merit Systems Protection Board Judge Joel Alexander,  Etzel described being shocked to learn she was being placed on leave without pay in September 2018 and the “vindictive” “cat and mouse games” she alleged EPA officials used to block her from scheduled national and international speaking engagements.

She also testified that the agency issued public statements designed to discredit and intimidate her.

“They appeared to be just trying to smear my good name,” she testified.

Etzel is a pediatrician and epidemiologist who was brought into the EPA in 2015 by the Obama administration to direct the agency’s Office of Children’s Health Protection (OCHP). Etzel previously worked as a senior officer in the department of public health and environment at the World Health Organization in Switzerland and also previously worked for the U.S. Centers for Disease Control and on public health matters within the U.S. Department of Agriculture.

The agency actions against her occurred during the Trump administration and allegedly followed an aggressive push by Etzel to launch a federal action plan aimed at reducing childhood exposures to lead.

According to her whistleblower complaint, Etzel spoke out about “gross mismanagement and a substantial and specific danger to public health” from childhood lead poisoning, and tried to promote the release of a new federal strategy even after EPA leadership delayed the plan’s final review. In response, “EPA placed Dr. Etzel on administrative leave without warning,” fabricated complaints about her leadership and obstructed her ability to travel to attend and speak at professional conferences, Etzel alleges.

Separate from Etzel’s allegations, four EPA scientists have recently come forward with allegations that the agency is putting corporate interests ahead of public health protection, allowing dangerous chemicals into the marketplace. The whistleblowers allege the EPA routinely uses intimidation tactics to coerce agency scientists into ignoring data showing risks of harm with certain chemicals, and/or altering assessments to downplay such risks.

Etzel and the other EPA whistleblowers are represented by lawyers at Public Employees for Environmental Responsibility. 

“Opportunity to strike”

Multiple internal EPA emails and other records were introduced on Monday as evidence, including an email in which EPA public affairs personnel discussed “an opportunity to strike” out against Etzel in communications to the media.

In a September 28, 2018 email, former EPA deputy associate administrator in the office of public affairs John Konkus wrote to colleagues about inquiries from members of the press about Etzel’s being placed on leave.

“This is our opportunity to strike,” Konkus wrote. (Konkus is no longer with the EPA; he now works as a senior manager for “government affairs” with AECOM, a consulting firm on infrastructure engineering and construction matters.)

“I felt like this was a direct strike on me and it caused me to have fear in my heart,” Etzel testified.

In an email thread with the subject line “Push this around ASAP please,” public affairs officials discussed a “stronger updated” statement about Etzel to state that she was placed on administrative leave because of “serious reports made against her by staff … ” that were “very concerning.”

After being put on leave, Etzel went on multiple television shows to talk about the agency actions. In testimony Monday she said she felt she had no other choice.

“I had been completely silenced by being placed on administrative leave and I was not able to do the job that I was hired to do. I had no other venue,” Etzel testified. “I basically took an oath when I became a doctor to do no harm and by being silent when hazards continue in the environment unabated I do harm, and so I’m not willing to do that. I had to speak out.”

Etzel said the lead plan that was ultimately rolled out after she was placed on leave was “weaker” than the one she helped design and lacked new regulations and requirements needed for the strategy to be  effective.

Former EPA official testifies

The first witness called Monday to testify on behalf of Etzel was former EPA official Reginald Allen, who served in several positions at the agency, including as Acting Deputy Chief of Staff.

Allen testified that during the Trump administration, Millan Hupp, a political appointee close to then-EPA administrator Scott Pruitt, “absolutely” engaged – along with Pruitt – in unethical behavior, and was at least partly instrumental in working to push out certain EPA personnel. Pruitt, who was appointed by Trump to run the EPA, was pushed out in July of 2018 amid evidence of multiple ethical violations.

Allen further testified that Helena Wooden-Aguilar, who was acting deputy chief of staff at the time and who was directly involved in removing Etzel, was close to Hupp and was given that position “with an agenda and that agenda included pushing aside or getting rid of the career senior executives that the political administration did not feel comfortable with or felt did not do their bidding in a way that they wanted.”

Under questioning, Allen added: “I believe it was to remove what they felt were politically unreliable career leadership in the agency… so they wouldn’t be privy to some of the things that went on in the office of the administrator.”

Wooden-Aguilar is scheduled to testify on Tuesday or Wednesday.

Allen said that when he raised concerns about ethical matters within the EPA “it was just not appreciated” and “marked” him within the agency. Allen said at one point he was falsely accused of leaking sensitive agency information to the media.

“There was even an article planted about me from the administration in the conservative press saying that I was leaking information,” Allen said. “They later determined that it was one of their own… political folks that was doing that. But the damage was already done.”

EPA defense

One witness called Monday afternoon, “leadership consultant” Catherine Allen, appeared to bolster the EPA’s position that there was no improper retaliation against Etzel and her removal from the children’s health office was due to poor leadership and complaints about her management of that office.

The EPA asserts there were many complaints about Etzel’s management, including allegations from employees that she “failed to follow agency HR policy,” was emotional and would “bully” co-workers.

Allen testified that she determined Etzel had poor management abilities and “had lost the respect, the trust, the confidence” of those she managed.

Allen confirmed her findings in a report that stated: “It is my view that Ms. Etzel cannot effectively perform her duties… the longer she is allowed to stay in this role the more the agency is exposed to legal and operational risk. The staff deserve better.”

Bayer Roundup trial goes virtual, and it does not go well

Print Email Share Tweet

In fits and starts, and with a good dose of frustration over technical difficulties, a California trial pitting an elderly cancer victim against Monsanto owner Bayer AG resumed on Monday in a virtual format after in-person proceedings were suspended last week, reportedly due to concerns about the spread of Covid-19.

Due to an array of technical problems, lawyers for plaintiff Donnetta Stephens were only able to present abbreviated testimony on Monday from expert witness Charles Benbrook, a former research professor who served at one time as executive director of the National Academy of Sciences board on agriculture.

Benbrook is considered a key witness, and is being called to testify about topics that include the history of scientific submissions to the U.S. Environmental Protection Agency (EPA) by Monsanto and alleged regulatory shortcomings.

The case, which is being tried in the Superior Court of San Bernardino County in California under the oversight of Judge Gilbert Ochoa,  is the fourth Roundup cancer trial to take place in the United States and the first since 2019. Juries in all three prior trials found in favor of the plaintiffs, agreeing with claims that Monsanto’s glyphosate-based weed killers, such as Roundup, cause non-Hodgkin lymphoma and Monsanto spent decades covering up the risks, and failing to warn users.

Stephens is one of tens of thousands of plaintiffs who filed lawsuits against Monsanto after the World Health Organization’s cancer experts classified glyphosate as a probable human carcinogen with an association to non-Hodgkin lymphoma.

The three prior trials were all lengthy, in-person proceedings loaded with weeks of highly technical testimony about scientific data, regulatory matters and documents detailing internal Monsanto communications.

Monday’s proceedings indicated that both sides may face significant challenges in trying to convey and combat the evidence and testimony in a virtual format.

Among the issues on Monday, a court reporter couldn’t fully hear the exchanges between lawyer and witness; jurors had difficulty turning on their computer cameras, a requirement issued by the judge; and the judge himself had to relocate at one point in an effort to improve audio transmission.

A courtroom attendant reassured the judge that he was checking in on the jurors every ten minutes and “it appeared that they were all paying attention.”

At one point when calling a break, Judge Ochoa pleaded: “Ladies and gentleman of the jury please, whatever you do, don’t turn off your computers, don’t touch them, just leave them alone and hopefully everybody’s computer will play nice.”

The judge recessed for the day in mid-afternoon, thanking the jurors for their patience.

“We did have some major technical difficulties,” Judge Ochoa said. He noted, however, that they “did make history” by holding the court’s first “Zoom trial.”

Covid delays one Roundup cancer trial while another looms

Print Email Share Tweet

The California trial pitting an elderly cancer victim against Monsanto owner Bayer AG has been delayed due to concerns about the spread of Covid-19, with proceedings now expected to resume next week in a virtual format via Zoom.

Lawyers for plaintiff Donnetta Stephens say that she was a regular user of Monsanto’s glyphosate-based Roundup herbicide for more than 30 years, an extended exposure that caused her to develop non-Hodgkin lymphoma (NHL).

Before the trial interruption jury members heard expert witness testimony from former U.S. government scientist Christopher Portier, who told jurors of multiple scientific studies that support claims glyphosate herbicides cause NHL. Lawyers for Monsanto sought to discredit Portier, and discount his testimony, arguing he had a vested financial interest in helping plaintiffs’ attorneys.

Additional experts were due to testify this week before in-person proceedings were scuttled due to positive cases of the Covid-19 virus showing up among people in the courtroom.

Stephens was diagnosed with NHL in 2017 and has suffered from numerous health complications amid multiple rounds of chemotherapy since then. Because of her poor health,  a judge in December granted Stephens a trial “preference,” meaning her case was expedited, after her lawyers informed the court that Stephens is “in a perpetual state of pain,” and losing cognition and memory.

She is one of tens of thousands of plaintiffs who filed lawsuits against Monsanto after the World Health Organization’s cancer experts classified glyphosate as a probable human carcinogen with an association to non-Hodgkin lymphoma.

She and the others who have sued allege that Monsanto has known for decades of scientific research showing its glyphosate herbicides could cause cancer, but has failed to warn users of the risks, working instead to suppress information about potential dangers.

The company lost the three trials held to date.

Trial with child plaintiff is next

Though Bayer last year said it was moving to settle outstanding Roundup lawsuits, many remain active and headed toward trial.

A boy with non-Hodgkin lymphoma is the subject of a trial scheduled for Sept. 13 in Los Angeles County Superior Court. Ezra Clark was “directly exposed” to Roundup many times as he accompanied his mother while she sprayed Roundup to kill weeds around the property where the family lived, according to court documents. Ezra sometimes played in freshly sprayed areas, according to the court filings.

Ezra was diagnosed in 2016, at the age of 4, with Burkitt’s lymphoma, a form of NHL that has a high tendency to spread to the central nervous system, and can also involve the liver, spleen and bone marrow, according to the court filings.

Ezra’s mother, Destiny Clark, is the plaintiff in the case, filing on behalf of Ezra.

Expedited trial sought for dying man

U.S. District Judge Vince Chhabria, who has been overseeing thousands of Roundup cases through multidistrict litigation proceedings set up in 2016 in federal court in the Northern District of California, has set several upcoming deadlines for moving cases forward that are under his purview. According to a court document filed Monday,  close to 4,000 cases have come under Chhabria’s oversight since the inception of the litigation.

Chhabria has ordered lawyers in the litigation to submit to him by Wednesday a list of certain cases that have not yet settled, and proposed schedules for advancing those cases. He also set a case management conference for Sept. 8.

At least one plaintiff is seeking an expedited trial, asking Chhabria to approve trial preference already granted him by a state court judge. Plaintiff Donald Miller was diagnosed with Stage IV non-Hodgkin lymphoma after using Roundup product for over four decades, according to the court filings.

Miller’s doctor estimated he had a five-year overall survival expectancy of only thirty-seven percent as of
February, 2020, according to court filings. A hearing on the matter is set for Sept. 23.

Many more cases remain pending in state courts, with plaintiffs’ lawyers jockeying for trial dates.

Bayer last week petitioned the U.S. Supreme Court to review one of its trial losses. The company claims federal law preempts key claims made in the litigation.

Bayer, which bought Monsanto in 2018, insists that when used as directed, its glyphosate herbicides are safe and do not cause cancer. It says regulatory approvals support its position.

Chlorpyrifos: common pesticide tied to brain damage in children

Print Email Share Tweet

Scientific research shows that chlorpyrifos, a widely used insecticide, is strongly linked to brain damage in children. These and other health concerns led several countries and some U.S. states to ban chlorpyrifos years ago, but the chemical has still been allowed for use by farmers in the U.S. after successful lobbying by its manufacturer.

In August 2021, the Biden Administration announced that it would acknowledge the danger to children and would ban the pesticide from agricultural use. Chlorpyrifos was banned from household use more than 20 years ago.

The new rule is slated to take effect in early 2022.

The decision comes after an order issued in April by the Ninth Circuit Court of Appeals, directing the Environmental Protection Agency (EPA) to ban farm use unless safety of the chemical could be proven.

History of chlorpyrifos

Chlorpyrifos insecticides were introduced by Dow Chemical in 1965 and have been used widely in agricultural settings. Commonly known as the active ingredient in the brand names Dursban and Lorsban, chlorpyrifos is an organophosphate insecticide, acaricide and miticide used primarily to control foliage and soil-borne insect pests on a variety of food and feed crops. Products come in liquid form as well as granules, powders, and water-soluble packets, and may be applied by either ground or aerial equipment.

Chlorpyrifos is used on a wide variety of crops including apples, oranges, strawberries, corn, wheat, citrus and other foods families and their children eat daily. USDA’s Pesticide Data Program found chlorpyrifos residue on citrus and melons even after being washed and peeled. By volume, chlorpyrifos is most used on corn and soybeans, with over a million pounds applied annually to each crop. The chemical is not allowed on organic crops.

Non-agricultural uses include golf courses, turf, green houses, and utilities.

Human health concerns

The American Academy of Pediatrics, which represents more than 66,000 pediatricians and pediatric surgeons, has warned that continued use of chlorpyrifos puts developing fetuses, infants, children and pregnant women at great risk.

Scientists have found that prenatal exposures to chlorpyrifos are associated with lower birth weight, reduced IQ, the loss of working memory, attention disorders, and delayed motor development. Key studies are listed below.

See these comments to regulators from the Endocrine Society citing “ample evidence that chlorpyrifos has extensive effects on neurological and endocrine systems with demonstrated evidence of harm to humans and wildlife.”

Chlorpyrifos is also linked to acute pesticide poisoning and can cause convulsions, respiratory paralysis, and sometimes, death.

FDA says food and drinking water exposures unsafe

Chlorpyrifos is so toxic that the European Food Safety Authority banned sales of the chemical as of January 2020, finding that there is no safe exposure level. Some U.S. states have also banned chlorpyrifos from farming use, including California and Hawaii.

The U.S. Environmental Protection Agency (EPA) reached agreement with Dow Chemical in 2000 to phase out all residential uses of chlorpyrifos because of scientific research showing the chemical is dangerous to the developing brains of babies and young children. It was banned from use around schools in 2012.

In October 2015, the EPA said it planned to revoke all food residue tolerances for chlorpyrifos, meaning it would no longer be legal to use it in agriculture. The agency said “expected residues of chlorpyrifos on food crops exceed the safety standard under the Federal Food, Drug, and Cosmetic Act.” The move came in response to a petition for a ban from the Natural Resources Defense Council and Pesticide Action Network.

In November 2016, the EPA released a revised human health risk assessment for chlorpyrifos confirming it was unsafe to allow the chemical to continue in use in agriculture.  Among other things, the EPA said all food and drinking water exposures were unsafe, especially to children 1-2 years old. The EPA said the ban would take place in 2017.

Trump EPA delays ban

Following the election of Donald Trump as President of the United States, the proposed chlorpyrifos ban was delayed. In March 2017, in one of his first formal actions as the nation’s top environmental official, EPA Administrator Scott Pruitt rejected the petition by environmental groups and said the ban on chlorpyrifos would not go forward.

The Associated Press reported in June 2017 that Pruitt had met with Dow CEO Andrew Liveris 20 days before halting the ban. Media also reported that Dow contributed $1 million to Trump’s inaugural activities.

In February of 2018, EPA reached a settlement requiring Syngenta to pay a $150,000 fine and train farmers in pesticide use after the company failed to warn workers to avoid fields where chlorpyrifos was recently sprayed and several workers who entered the fields were sickened and required medical care. The Obama EPA had initially proposed a fine nearly nine times larger.

In February 2020, after pressure from consumer, medical, scientific groups and in face of growing calls for bans around the world, Corteva AgriScience (formerly DowDuPont) said it would phase out production of chlorpyrifos, but the chemical remains legal for other companies to make and sell.

According to an analysis published in July 2020, U.S. regulators relied on falsified data provided by Dow Chemical to allow unsafe levels of chlorpyrifos into American homes for years. The analysis from University of Washington researchers said the inaccurate findings were the result of a chlorpyrifos dosing study done in the early 1970s for Dow.

In September 2020 the EPA issued its third risk assessment on chlorpyrifos, saying “despite several years of study, peer review, and public process, the science addressing neurodevelopmental effects remains unresolved,” and it still could be used in food production.

The decision came after multiple meetings between the EPA and Corteva.

Groups and states sue EPA

Following the Trump administration’s decision to delay any ban until at least 2022, Pesticide Action Network and Natural Resources Defense Council filed suit against the EPA in April 2017, seeking to force the government to follow through with the Obama administration’s recommendations to ban chlorpyrifos. In August 2018, a federal appeals court found that the EPA broke the law by continuing to allow use of chlorpyrifos, and ordered EPA to finalize its proposed ban within two months. After more delays, EPA Administrator Andrew Wheeler announced in July 2019 that EPA would not ban the chemical.

Several states have sued the EPA over its failure to ban chlorpyrifos, including California, New York, Massachusetts, Washington, Maryland, Vermont and Oregon. The states argue in court documents that chlorpyrifos should be banned in food production due to the dangers associated with it.

Earthjustice has also filed a lawsuit in the U.S. Court of Appeals for the Ninth Circuit Court seeking a nationwide ban on behalf of groups advocating for environmentalists, farmworkers and people with learning disabilities.

On April 29, 2021, U.S. Judge Jed S. Rakoff  of the Ninth Circuit issued a decision, finding the EPA had engaged in an “egregious delay” that exposed a generation of American children to unsafe levels of chlorpyrifos.”  He ordered the EPA to issue a final regulation within 60 days that modifies or revokes the registration for chlorpyrifos.

Medical and scientific studies

Developmental neurotoxicity

Large nationwide study published in the journal NeuroToxicology (December 2021) reports that “several neurotoxic pesticide exposures estimated using residential location were associated with statistically significant increased risk of ALS (amyotrophic lateral sclerosis). These include the herbicides 2,4-D and glyphosate, and the insecticides carbaryl and chlorpyrifos.” ALS is a progressive nervous system disease that affects nerve cells in the brain and spinal cord, causing loss of muscle control. Pesticides applied to crops and amyotrophic lateral sclerosis risk in the U.S. NeuroToxicology, December, 2021.

“The epidemiological studies reviewed herein have reported statistically significant correlations between prenatal exposures to CPF [chlorpyrifos] and postnatal neurological complications, particularly cognitive deficits that are also associated with disruption of the structural integrity of the brain…. Various preclinical research groups throughout the world have consistently demonstrated that CPF is a developmental neurotoxicant. The developmental CPF neurotoxicity, which is well supported by studies using different animal models, routes of exposure, vehicles, and testing methods, is generally characterized by cognitive deficits and disruption of the structural integrity of the brain.” Developmental neurotoxicity of the organophosphorus insecticide chlorpyrifos: from clinical findings to preclinical models and potential mechanisms. Journal of Neurochemistry, 2017.

“Since 2006, epidemiological studies have documented six additional developmental neurotoxicants—manganese, fluoride, chlorpyrifos, dichlorodiphenyltrichloroethane, tetrachloroethylene, and the polybrominated diphenyl ethers.” Neurobehavioural effects of developmental toxicity. Lancet Neurology, 2014.

Childrens’ IQ & cognitive development

Longitudinal birth cohort study of inner-city mothers and children found that “higher prenatal CPF [chlorpyrifos] exposure, as measured in umbilical cord blood plasma, was associated with decreases in cognitive functioning on two different WISC-IV indices, in a sample of urban minority children at 7 years of age…the Working Memory Index was the most strongly associated with CPF exposure in this population.” Seven-Year Neurodevelopmental Scores and Prenatal Exposure to Chlorpyrifos, a Common Agricultural Pesticide. Environmental Health Perspectives, 2011.

Birth cohort study of predominantly Latino farmworker families in California associated a metabolite of organophosphate pesticides found in the urine in pregnant women with poorer scores in their children for memory, processing speed, verbal comprehension, perceptual reasoning and IQ.  “Our findings suggest that prenatal exposure to OP [organophosphate] pesticides, as measured by urinary DAP [dialkyl phosphate] metabolites in women during pregnancy, is associated with poorer cognitive abilities in children at 7 years of age. Children in the highest quintile of maternal DAP concentrations had an average deficit of 7.0 IQ points compared with those in the lowest quintile. Associations were linear, and we observed no threshold.” Prenatal Exposure to Organophosphate Pesticides and IQ in 7-Year-Old Children. Environmental Health Perspectives, 2011.

Prospective cohort study of women and their children findings “suggest that prenatal exposure to organophosphates is negatively associated with cognitive development, particularly perceptual reasoning, with evidence of effects beginning at 12 months and continuing through early childhood.” Prenatal Exposure to Organophosphates, Paraoxonase 1, and Cognitive Development in Childhood. Environmental Health Perspectives, 2011.

Prospective cohort study of an inner-city population found that children with high levels of exposure to chlorpyrifos “scored, on average, 6.5 points lower on the Bayley Psychomotor Development Index and 3.3 points lower on the Bayley Mental Development Index at 3 years of age compared with those with lower levels of exposure. Children exposed to higher, compared with lower, chlorpyrifos levels were also significantly more likely to experience Psychomotor Development Index and Mental Development Index delays, attention problems, attention-deficit/hyperactivity disorder problems, and pervasive developmental disorder problems at 3 years of age.” Impact of Prenatal Chlorpyrifos Exposure on Neurodevelopment in the First 3 Years of Life Among Inner-City Children. Journal of the American Academy of Pediatrics, 2006.

Longitudinal birth cohort study in an agricultural region of California extends “previous findings of associations between PON1 genotype and enzyme levels and certain domains of neurodevelopment through early school age, presenting new evidence that adverse associations between DAP [dialkyl phosphate]levels and IQ may be strongest in children of mothers with the lowest levels of PON1 enzyme.” Organophosphate pesticide exposure, PON1, and neurodevelopment in school-age children from the CHAMACOS study.  Environmental Research, 2014.

Autism and other neurodevelopmental disorders

Population based case-control study found that, “Prenatal or infant exposure to a priori selected pesticides—including glyphosate, chlorpyrifos, diazinon, and permethrin—were associated with increased odds of developing autism spectrum disorder.” Prenatal and infant exposure to ambient pesticides and autism spectrum disorder in children: population based case-control study. BMJ, 2019.

Population-based case-control study “observed positive associations between ASD [autism spectrum disorders] and prenatal residential proximity to organophosphate pesticides in the second (for chlorpyrifos) and third trimesters (organophosphates overall)”. Neurodevelopmental Disorders and Prenatal Residential Proximity to Agricultural Pesticides: The CHARGE Study. Environmental Health Perspectives, 2014.

See also: Tipping the Balance of Autism Risk: Potential Mechanisms Linking Pesticides and Autism. Environmental Health Perspectives, 2012.

Brain anomalies

“Our findings indicate that prenatal CPF [chlorpyrifos] exposure, at levels observed with routine (nonoccupational) use and below the threshold for any signs of acute exposure, has a measureable effect on brain structure in a sample of 40 children 5.9–11.2 y of age. We found significant abnormalities in morphological measures of the cerebral surface associated with higher prenatal CPF exposure….Regional enlargements of the cerebral surface predominated and were located in the superior temporal, posterior middle temporal, and inferior postcentral gyri bilaterally, and in the superior frontal gyrus, gyrus rectus, cuneus, and precuneus along the mesial wall of the right hemisphere”. Brain anomalies in children exposed prenatally to a common organophosphate pesticide.  Proceedings of the National Academy of Sciences, 2012.

Fetal growth

This study “saw a highly significant inverse association between umbilical cord chlorpyrifos levels and both birth weight and birth length among infants in the current cohort born prior to U.S. EPA regulatory actions to phase out residential uses of the insecticide.” Biomarkers in assessing residential insecticide exposures during pregnancy and effects on fetal growth. Toxicology and Applied Pharmacology, 2005.

Prospective, multiethnic cohort study found that “when the level of maternal PON1 activity was taken into account, maternal levels of chlorpyrifos above the limit of detection coupled with low maternal PON1 activity were associated with a significant but small reduction in head circumference. In addition, maternal PON1 levels alone, but not PON1 genetic polymorphisms, were associated with reduced head size. Because small head size has been found to be predictive of subsequent cognitive ability, these data suggest that chlorpyrifos may have a detrimental effect on fetal neurodevelopment among mothers who exhibit low PON1 activity.” In Utero Pesticide Exposure, Maternal Paraoxonase Activity, and Head Circumference.  Environmental Health Perspectives, 2003.

Prospective cohort study of minority mothers and their newborns “confirm our earlier findings of an inverse association between chlorpyrifos levels in umbilical cord plasma and birth weight and length…Further, a dose-response relationship was additionally seen in the present study. Specifically, the association between cord plasma chlorpyrifos and reduced birth weight and length was found principally among newborns with the highest 25% of exposure levels.” Prenatal Insecticide Exposures and Birth Weight and Length among an Urban Minority Cohort. Environmental Health Perspectives, 2004.

Lung Cancer  

In an evaluation of over 54,000 pesticide applicators in the Agricultural Health Study, scientists at the National Cancer Institute reported that the incidence of lung cancer was associated with chlorpyrifos exposure. “In this analysis of cancer incidence among chlorpyrifos-exposed licensed pesticide applicators in North Carolina and Iowa, we found a statistically significant trend of increasing risk of lung cancer, but not of any other cancer examined, with increasing chlorpyrifos exposure.” Cancer Incidence Among Pesticide Applicators Exposed to Chlorpyrifos in the Agricultural Health Study. Journal of the National Cancer Institute, 2004.

Parkinson’s Disease

Case-control study of people living in California’s Central Valley reported that ambient exposure to 36 commonly used organophosphate pesticides separately increased the risk of developing Parkinson’s disease. The study “adds strong evidence” that organophosphate pesticides are “implicated” in the etiology of idiopathic Parkinson’s disease. The association between ambient exposure to organophosphates and Parkinson’s disease risk. Occupational & Environmental Medicine, 2014.

Birth outcomes

Multiethnic parent cohort of pregnant women and newborns found that chlorpyrifos “was associated with decreased birth weight and birth length overall (p = 0.01 and p = 0.003, respectively) and with lower birth weight among African Americans (p = 0.04) and reduced birth length in Dominicans (p < 0.001)”. Effects of Transplacental Exposure to Environmental Pollutants on Birth Outcomes in a Multiethnic Population. Environmental Health Perspectives, 2003.

Neuroendocrine disruption

“Through the analysis of complex sex-dimorphic behavioral patterns we show that neurotoxic and endocrine disrupting activities of CPF [chlorpyrifos] overlap. This widely diffused organophosphorus pesticide might thus be considered as a neuroendocrine disruptor possibly representing a risk factor for sex-biased neurodevelopmental disorders in children.” Sex dimorphic behaviors as markers of neuroendocrine disruption by environmental chemicals: The case of chlorpyrifos. NeuroToxicology, 2012.

Tremor

“The present findings show that children with high prenatal exposure to chlorpyrifos were significantly more likely to show mild or mild to moderate tremor in one or both arms when assessed between the ages of 9 and 13.9 years of age….Taken together, growing evidence suggests that prenatal exposure to CPF [chlorpyrifos], at current standard usage levels, is associated with a range of persistent and inter-related developmental problems.” Prenatal exposure to the organophosphate pesticide chlorpyrifos and childhood tremor. NeuroToxicology, 2015.

Cost of chlorpyrifos

Cost estimates of exposure to endocrine-disrupting chemicals in the European Union found that “Organophosphate exposures were associated with 13.0 million (sensitivity analysis, 4.24 million to 17.1 million) lost IQ points and 59 300 (sensitivity analysis, 16 500 to 84 400) cases of intellectual disability, at costs of €146 billion (sensitivity analysis, €46.8 billion to €194 billion).” Neurobehavioral Deficits, Diseases, and Associated Costs of Exposure to Endocrine-Disrupting Chemicals in the European Union. Journal of Clinical Endocrinology & Metabolism, 2015.

Thyroid in mice

“The present study showed that exposure of CD1 mice, during critical windows of prenatal and postnatal development, at CPF [chlorpyrifos] dose levels below those inhibiting brain AchE, can induce alterations in thyroid.” Developmental Exposure to Chlorpyrifos Induces Alterations in Thyroid and Thyroid Hormone Levels Without Other Toxicity Signs in Cd1 Mice.  Toxicological Sciences, 2009.

Problems with industry studies

“In March 1972, Frederick Coulston and colleagues at the Albany Medical College reported results of an intentional chlorpyrifos dosing study to the study’s sponsor, Dow Chemical Company. Their report concluded that 0.03 mg/kg-day was the chronic no-observed-adverse-effect-level (NOAEL) for chlorpyrifos in humans. We demonstrate here that a proper analysis by the original statistical method should have found a lower NOAEL (0.014 mg/kg-day), and that use of statistical methods first available in 1982 would have shown that even the lowest dose in the study had a significant treatment effect. The original analysis, conducted by Dow-employed statisticians, did not undergo formal peer review; nevertheless, EPA cited the Coulston study as credible research and kept its reported NOAEL as a point of departure for risk assessments throughout much of the 1980′s and 1990′s. During that period, EPA allowed chlorpyrifos to be registered for multiple residential uses that were later cancelled to reduce potential health impacts to children and infants. Had appropriate analyses been employed in the evaluation of this study, it is likely that many of those registered uses of chlorpyrifos would not have been authorized by EPA. This work demonstrates that reliance by pesticide regulators on research results that have not been properly peer-reviewed may needlessly endanger the public.” Flawed analysis of an intentional human dosing study and its impact on chlorpyrifos risk assessments. Environment International, 2020.

“In our review of raw data on a prominent pesticide, chlorpyrifos, and a related compound, discrepancies were discovered between the actual observations and the conclusions drawn by the test laboratory in the report submitted for authorization of the pesticide.” Safety of Safety Evaluation of Pesticides: developmental neurotoxicity of chlorpyrifos and chlorpyrifos-methyl. Environmental Health, 2018.

Other fact sheets

Harvard Kennedy School Shorenstein Center: A controversial insecticide and its effect on brain development: Research and resources

Harvard University: The Most Widely Used Pesticide, One Year Later

Earthjustice: Chlorpyrifos: The toxic pesticide harming our children and environment

Sierra Club: Kids and Chlorpyrifos

Journalism and Opinion

Imaging by Bradley Peterson, via Proceedings of the National Academy of Sciences; New York Times

Court Rules that EPA’s Delay “Exposed a Generation of American Children” to Brain-Damaging Pesticide Chlorpyrifos , by Sharon Lerner, The Intercept. “After 14 years of legal battles, a federal court ordered the Environmental Protection Agency to take actions that will likely force the neurotoxic pesticide chlorpyrifos off the market. The federal agency has for years been considering mounting evidence that links the pesticide to brain damage in children — including loss of IQ, learning difficulties, ADHD, and autism — but, as the court acknowledged, has repeatedly delayed taking action.”

Trump’s Legacy: Damaged Brains, by Nicholas Kristof, New York Times. “The pesticide, which belongs to a class of chemicals developed as a nerve gas made by Nazi Germany, is now found in food, air and drinking water. Human and animal studies show that it damages the brain and reduces I.Q.s while causing tremors among children.”

Protect Our Children’s Brains, by Sharon Lerner, New York Times. “The widespread use of chlorpyrifos does point to the fact that it’s not the kind of chemical that harms everyone who comes in contact with it — or causes them to drop dead on impact. Instead, the research shows increases in the risk of suffering from certain developmental problems that, while less dramatic, are also, alarmingly, enduring.”

Poison Fruit: Dow Chemical Wants Farmers to Keep Using a Pesticide Linked to Autism and ADHD, by Sharon Lerner, The Intercept. “Dow, the giant chemical company that patented chlorpyrifos and still makes most of the products containing it, has consistently disputed the mounting scientific evidence that its blockbuster chemical harms children. But the government report made it clear that the EPA now accepts the independent science showing that the pesticide used to grow so much of our food is unsafe.”

When enough data are not enough to enact policy: The failure to ban chlorpyrifos, by Leonardo Trasande, PLOS Biology. “Scientists have a responsibility to speak up when policymakers fail to accept scientific data. They need to emphatically declare the implications of policy failures, even if some of the scientific underpinnings remain uncertain.”

How Has This Pesticide Not Been Banned? by the editorial board of The New York Times. “The pesticide known as chlorpyrifos is both clearly dangerous and in very wide use. It is known to pass easily from mother to fetus and has been linked to a wide range of serious medical problems, including impaired development, Parkinson’s disease and some forms of cancer. That’s not entirely surprising. The chemical was originally developed by Nazis during World War II for use as a nerve gas. Here’s what is surprising: Tons of the pesticide are still being sprayed across millions of acres of United States farmland every year, nearly five years after the Environmental Protection Agency determined that it should be banned.”

This pesticide is closely related to nerve agents used in World War II. Trump’s EPA doesn’t care, by Joseph G. Allen, Washington Post. “What we know about chlorpyrifos is alarming. Perhaps the most well-known study is one done by researchers at Columbia University who performed brain imaging on young kids with high exposure to chlorpyrifos. The results are shocking and unambiguous. In the words of the researchers: “This study reports significant associations of prenatal exposure to a widely used environmental neurotoxicant, at standard use levels, with structural changes in the developing human brain.”

A Strong Case Against a Pesticide Does Not Faze E.P.A. Under Trump, by Roni Caryn Robin, New York Times. “An updated human health risk assessment compiled by the E.P.A. in November found that health problems were occurring at lower levels of exposure than had previously been believed harmful. Infants, children, young girls and women are exposed to dangerous levels of chlorpyrifos through diet alone, the agency said. Children are exposed to levels up to 140 times the safety limit.”

Babies Are Larger After Ban On 2 Pesticides, Study Finds, by Richard Pérez-Peña, New York Times. “Pregnant women in upper Manhattan who were heavily exposed to two common insecticides had smaller babies than their neighbors, but recent restrictions on the two substances quickly lowered exposure and increased babies’ size, according to a study being published today.”

Poisons Are Us, by Timothy Egan, New York Times. “When you bite into a piece of fruit, it should be a mindless pleasure. Sure, that steroidal-looking strawberry with a toothpaste-white interior doesn’t seem right to begin with. But you shouldn’t have to think about childhood brain development when layering it over your cereal. The Trump administration, in putting chemical industry toadies between our food and public safety, has forced a fresh appraisal of breakfast and other routines that are not supposed to be frightful.”

On your dinner plate and in your body: The most dangerous pesticide you’ve never heard of, by Staffan Dahllöf, Investigative Reporting Denmark. “The poisonous effect of chlorpyrifos on insects is not disputed. The unresolved question is to what extent the usage of chlorpyrifos is dangerous to all living organisms like fish in nearby waters or farm workers in the fields, or to anybody eating the treated products.”

Neurotoxins on your kid’s broccoli: that’s life under Trump, by Carey Gillam, The Guardian. “How much is your child’s health worth? The answer coming from the leadership of the US Environmental Protection Agency is: not that much… So here we are – with scientific concerns for the safety of our innocent and vulnerable children on one side and powerful, wealthy corporate players on the other. Our political and regulatory leaders have shown whose interests they value most.”

Common Insecticide May Harm Boys’ Brains More Than Girls, by Brett Israel, Environmental Health News. “In boys, exposure to chlorpyrifos in the womb was associated with lower scores on short-term memory tests compared with girls exposed to similar amounts.“

More science fact sheets on chemicals in our food 

Find more U.S. Right to Know fact sheets:

Aspartame: Decades of Science Point to Serious Health Risks

Glyphosate Fact Sheet: Cancer and Other Health Concerns

Dicamba Fact Sheet 

U.S. Right to Know is an investigative public health group working globally to expose corporate wrongdoing and government failures that threaten the integrity of our food system, our environment and our health.  You can donate here to our investigations and sign up for our weekly newsletter.