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Bayer makes new $2 billion plan to head off future Roundup cancer claims

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Monsanto owner Bayer AG said Wednesday it was attempting again to manage and resolve potential future Roundup cancer claims, laying out a $2 billion deal with a group of plaintiffs’ attorneys that Bayer hopes will win approval from a federal judge who rejected a prior plan last summer.

Notably, the deal calls for Bayer to seek permission from the Environmental Protection Agency (EPA) to add information on the labels of its glyphosate-based products such as Roundup that would provide  links to access to scientific studies and other information about glyphosate safety.

Additionally, according to Bayer, the plan calls for establishment of a fund that would compensate “qualified claimants” over a four-year program; setting up an advisory science panel whose findings could be used as evidence in potential future litigation; and development of research and diagnostic programs for medical and/or scientific research into the diagnosis and treatment of non-Hodgkin lymphoma.

The plan must be approved by U.S. District Judge Vince Chhabria of the U.S. District Court for the Northern District of California. Chhabria has been overseeing the Roundup multidistrict litigation.

Bayer said qualifying class members over the next four years would be eligible for levels of compensatory awards based on guidelines set forth in the agreement. The “settlement class” refers to people who were exposed to Roundup products but have not yet filed a lawsuit claiming injury from that exposure.

Settlement class members would be eligible for compensation between $10,000 and $200,000, Bayer said.
According to the agreement, the distribution of the settlement fund would break out as follows:
* Compensation Fund – At least $1.325 billion
* Diagnostic Accessibility Grant Program – $210 million
* Research Funding Program – $40 million
* Settlement Administration Costs, Advisory Science Panel Costs, Settlement Class Notice Costs, Taxes,
and Escrow Agent Fees and Expenses – Up to $55 million
The proposed settlement plan for future class action litigation is separate from the settlement agreement Bayer made with lawyers for tens of thousands of plaintiffs who have already brought claims alleging exposure to Roundup and other Monsanto glyphosate-based weed killers caused them to develop non-Hodgkin lymphoma.
Bayer has been struggling to figure out how to put an end to the Roundup cancer litigation since buying Monsanto in 2018. The company lost all three trials held to date and lost the early rounds of appeals seeking to overturn the trial losses.
Juries in each of the trials found not only that Monsanto’s glyphosate-based herbicides cause cancer but also that Monsanto spent decades hiding the risks.

New research adds evidence that weed killer glyphosate disrupts hormones

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New research is adding worrisome evidence to concerns that the widely used weedkilling chemical glyphosate may have the potential to interfere with human hormones.

In a paper published in the journal Chemosphere titled Glyphosate and the key characteristics of an endocrine disruptor: A review, a trio of scientists concluded that glyphosate appears to have eight out of ten key characteristics associated with endocrine disrupting chemicals . The authors cautioned, however, that prospective cohort studies are still needed to more clearly understand the impacts of glyphosate on the human endocrine system.

The authors, Juan Munoz, Tammy Bleak and Gloria Calaf, each affiliated with the University of Tarapacá in Chile, said their paper is the first review to consolidate the mechanistic evidence on glyphosate as an endocrine-disrupting chemical (EDC).

Some of the evidence suggests that Roundup, Monsanto’s well-known glyphosate-based herbicide, can alter the biosynthesis of the sexual hormones, according to the researchers.

EDCs may mimic or interfere with the body’s hormones and are linked with developmental and reproductive problems as well as brain and immune system dysfunction.

The new paper follows publication earlier this year of an assortment of animal studies that indicated glyphosate exposures impact reproductive organs and threaten fertility.

Glyphosate is the world’s most widely used herbicide, sold in 140 countries. Introduced commercially in 1974 by Monsanto Co, the chemical is the active ingredient in popular products such as Roundup and hundreds of other weed killers used by consumers, municipalities, utilities, farmers, golf course operators, and others around the world.

Dana Barr, a professor at Emory University’s Rollins School of Public Health, said the evidence “tends to overwhelmingly indicate that glyphosate has endocrine disrupting properties.”

“It’s not necessarily unexpected since glyphosate has some structural similarities with many other endocrine disrupting pesticides; however, it is more concerning because glyphosate use far surpasses other pesticides,” said Barr, who directs a program within a National Institutes of Health-funded human exposure research center housed at Emory. “Glyphosate is used on so many crops and in so many residential applications such that aggregate and cumulative exposures can be considerable.”

Phil Landrigan, director of the Global Observatory on Pollution and Health, and a professor of biology
at Boston College, said the review pulled together “strong evidence” that glyphosate is an endocrine disruptor.

“The report is consistent with a larger body of literature indicating that glyphosate has a wide range of adverse health effects – findings that overturn Monsanto’s long-standing portrayal of glyphosate as a benign chemical with no negative impacts on human health,” said Landrigan.

EDCs have been a subject of concern since the 1990s after a series of publications suggested that some chemicals commonly used in pesticides, industrial solvents, plastics, detergents, and other substances could have the capacity to disrupt connections between hormones and their receptors.

Scientists generally recognized ten functional properties of agents that alter hormone action, referring to these as ten “key characteristics” of endocrine-disruptors. The ten characteristics are as follows:

EDC’s can:

  • Alter hormone distribution of circulating levels of hormones
  • Induce alterations in hormone metabolism or clearance
  • Alter the fate of hormone-producing or hormone-responsive cells
  • Alter hormone receptor expression
  • Antagonize hormone receptors
  • Interact with or activate hormone receptors
  • Alter signal transduction in hormone-responsive cells
  • Induce epigenetic modifications in hormone-producing or hormone-responsive cells
  • Alter hormone synthesis
  • Alter hormone transport across cell membranes

The authors of the new paper said a review of the mechanistic data showed that glyphosate met all of the key characteristics with the exception of two:  “Regarding glyphosate, there is no evidence associated with the antagonistic capacity of hormonal receptors,” they said. As well, “there is no evidence of its impact on hormonal metabolism or clearance,” according to the authors.

Research over the last few decades has largely focused on links found between glyphosate and cancer, particularly non-Hodgkin lymphoma (NHL.) In 2015, the World Health Organization’s International Agency for Research on Cancer classified glyphosate as a probable human carcinogen.

More than 100,000 people have sued Monsanto in the United States alleging exposure to the company’s glyphosate-based herbicides caused them or their loved ones to develop NHL.

The plaintiffs in the nationwide litigation also claim Monsanto has long sought to hide the risks of its herbicides. Monsanto lost three out of three trials and its German owner Bayer AG has spent the last year and a half trying to settle the litigation out of court.

The authors of the new paper took note of the ubiquitous nature of glyphosate, saying “massive use” of the chemical has “led to a wide environmental diffusion,” including rising exposures tied to human consumption of the weed killer through food.

The researchers said that though regulators say the levels of glyphosate residue commonly found in foods are low enough to be safe, they “cannot rule out” a “potential risk” to people consuming foods containing contaminated with the chemical,  particularly grains and other plant-based foods, which often have higher levels than milk, meat or fish products.

U.S. government documents show glyphosate residues have been detected in a range of foods, including organic honey, and granola and crackers.

Canadian government researchers have also reported glyphosate residues in foods. One report issued in 2019 by scientists from Canada’s Agri-Food Laboratories at the Alberta Ministry of Agriculture and Forestry found glyphosate in 197 of 200 samples of honey they examined.

Despite the concerns about glyphosate impacts on human health, including through dietary exposure, U.S. regulators have steadfastly defended the safety of the chemical. The Environmental Protection Agency maintains that it has not found any human health risks from exposure to glyphosate.”

Bayer’s Monsanto headache persists

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The migraine that is Monsanto doesn’t appear to be going away anytime soon for Bayer AG.

Efforts at settling the mass of lawsuits brought in the United States by tens of thousands of people who claim Monsanto’s Roundup herbicides gave them cancer continue to inch forward, but are not addressing all outstanding cases, nor are all plaintiffs offered settlements agreeing to them.

In a letter to U.S. District Judge Vince Chhabria, Arizona attorney David Diamond said that representations made by the lawyers leading settlement talks with Bayer on behalf of plaintiffs did not accurately reflect the situation for his own clients. He cited a “lack” of “settlement-related experiences” with Bayer and he requested that Judge Chhabria advance several of Diamond’s cases forward for trials.

“Leadership’s representations regarding settlement do not represent my clients’ settlement
related experiences, interests or position,” Diamond told the judge.

Diamond wrote in the letter that he has 423 Roundup clients, including 345 who have cases pending before Chhabria in the multidistrict litigation (MDL) in the U.S. District Court for the Northern District of California. Alongside the MDL are thousands of plaintiffs whose cases are pending in state courts.

Diamond’s outreach to the judge followed a hearing late last month in which several of the leading firms in the litigation and lawyers for Bayer told Chhabria they were close to resolving most, if not all, of the cases before the judge.

Bayer has reached important settlements with several of the leading law firms who collectively represent a significant share of the claims brought against Monsanto. In June, Bayer said it would provide $8.8 billion to $9.6 billion to resolve the litigation.

But controversy and conflict have dogged the overall settlement offers.

Several plaintiffs represented by the large firms and who spoke on condition that their names not be used, said they are not agreeing to the terms of the settlements, meaning their cases will be directed into mediation and, if that fails, to trials.

After buying Monsanto in 2018, Bayer has been struggling to figure out how to put an end to the litigation that includes more than 100,000 plaintiffs. The company lost all three of the three trials held to date and has lost the early rounds of appeals seeking to overturn the trial losses. Juries in each of the trials found that Monsanto’s glyphosate-based herbicides, such as Roundup, do cause cancer and that Monsanto spent decades hiding the risks.

The company’s efforts to resolve the litigation have been stymied in part by the challenge of how to head off claims that could be brought in the future by people who develop cancer after using the company’s herbicides.

Problems Just Keep Mounting

Bayer has threatened to file for bankruptcy if it cannot quell the Roundup litigation and on Wednesday the company issued a profit warning and announced billions in cost cuts, citing a “lower than expected outlook in the agricultural market” amid other factors. The news sent shares in the company tumbling.

In reporting Bayer’s troubles Barron’s noted: “The problems just keep mounting for Bayer and its investors, who by now must be used to regular bouts of disappointing news. The stock has now fallen more than 50% since the Monsanto deal was closed in June 2018. “This latest update only adds to the case for the Monsanto deal being one of the worst in corporate history.”

Tracking the Pesticide Industry Propaganda Network

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Just four corporations now control more than 60% of the global supply of seeds and pesticides. Public oversight of their activities is crucial for a safe and healthy food supply. Yet all these companies – Monsanto/Bayer, DowDuPont, Syngenta, BASF – have long histories of hiding the harm of their products. Since their records do not inspire trust, they rely on third-party allies to promote and defend their products.

The fact sheets below shine light on this hidden propaganda network: the front groups, academics, journalists and regulators who work behind the scenes with pesticide companies to promote and defend GMOs and pesticides. 

Information we report here is based on the U.S. Right to Know investigation which has obtained tens of thousands of pages of internal corporate and regulatory documents since 2015. Our investigation inspired a counter campaign by the pesticide industry which has tried to discredit our work. According to Monsanto documents revealed in 2019,  “USRTK’s investigation will impact the entire industry.” 

Please share these fact sheets, and sign up here to receive breaking news from our investigations. 

Academics Review: the making of a Monsanto front group

AgBioChatter: where corporations and academics plotted strategy on GMOs and pesticides

Alison Van Eenennaam: key outside spokesperson and lobbyist for the agrichemical and GMO industries

American Council on Science and Health is a corporate front group

Bayer’s Shady PR Firms: FleishmanHillard and Ketchum PR

Biofortified aids chemical industry PR & lobbying efforts

Center for Food Integrity food and agrichemical industry PR partners

Cornell Alliance for Science is a public relations campaign at Cornell to promote GMOs

Council for Biotechnology Information, GMO Answers, CropLife: pesticide industry PR initiatives 

Drew Kershen: agrichemical industry front group ringleader

Food Evolution GMO Documentary is a misleading propaganda film, say many academics

Geoffrey Kabat: ties to tobacco and chemical industry groups

Glyphosate Spin Check: tracking claims about the most-widely used herbicide

GMO Answers is a crisis management PR tool for GMOs & pesticides

Hank Campbell’s maze of Monsanto-loving science blogs

Henry I. Miller dropped by Forbes for Monsanto ghostwriting scandal

Independent Women’s Forum: Koch-funded group defends pesticide, oil, tobacco industries

International Food Information Council (IFIC): how Big Food spins bad news

International Life Sciences Institute (ILSI) is a food industry lobby group, documents show

Jay Byrne: meet the man behind the Monsanto PR machine

Jon Entine, Genetic Literacy Project: key messengers for Monsanto, Bayer and the chemical industry

Keith Kloor: how a science journalist worked with industry allies behind the scenes

Kevin Folta’s misleading and deceptive claims

Mark Lynas of Cornell Alliance for Science deceptive and inaccurate promotions for the agrichemical industry’s commercial agenda

Monsanto named these “industry partners” in its PR plan to confront glyphosate cancer ruling (2015)

Nina Federoff mobilized the authority of American science to back Monsanto

Pamela Ronald’s ties to chemical industry front groups

Peter Phillips and his secret “right to know” symposium at the University of Saskatchewan

SciBabe says eat your pesticides, but who is paying her?

Science Media Centre promotes corporate views of science

Sense About Science/STATS spin science for industry

Stuart Smyth’s agrichemical industry ties and funding 

Tamar Haspel misleads readers of the Washington Post in her food columns

Val Giddings: former BIO VP is a top operative for the agrichemical industry

More fact sheets about key front groups, trade groups and PR writers

BIO: biotech industry trade group

Center for Consumer Freedom

Crop Life International

International Life Sciences Institute

Julie Kelly

Kavin Senapathy/MAMMyths

Ketchum PR

U.S. Farmers and Ranchers Alliance

More resources from U.S. Right to Know

Academic studies co-authored by U.S. Right to Know 

Monsanto Papers: Roundup/Glyphosate document archive 

Dicamba document archive

Roundup and Dicamba Trial Tracker blog updated regularly 

Glyphosate fact sheet: Health Concerns About Most Widely Used Pesticide

Dicamba fact sheet

Global news coverage of U.S. Right to Know findings 

If you like our work, please DONATE HERE to help us turn up the heat on the USRTK investigations.

Fresh talk of a settlement between Bayer and Roundup cancer patients

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There was renewed talk of a potential settlement this week between Bayer AG and tens of thousands of cancer patients as a key court hearing looms next week.

According to a report in Bloomberg, lawyers for Bayer have reached verbal agreements with U.S. lawyers representing at least 50,000 plaintiffs who are suing Monsanto over claims that Roundup and other Monsanto herbicides caused the plaintiffs to develop non-Hodgkin lymphoma.

The details as reported by Bloomberg appear to be mostly unchanged from prior verbal agreements between Bayer and plaintiffs’ attorneys that fell apart during the Coronavirus-related courthouse closings. With the courthouses still closed, trial dates have been postponed, taking the pressure off Bayer.

But a new pressure point looms with next week’s hearing in the appeal of the first Roundup cancer trial. The California Court of Appeal First Appellate District is set to hear oral arguments on cross-appeals in the case of Johnson v Monsanto  on June 2.

That case, which pitted California groundskeeper Dewayne “Lee” Johnson against Monsanto, resulted in a $289 million damage award for Johnson in August 2018. The jury found not only that Monsanto’s Roundup and related glyphosate-based brands presented a substantial danger to people using them, but that there was “clear and convincing evidence” that Monsanto’s officials acted with “malice or oppression” in failing to adequately warn of the risks.

The trial judge in the Johnson case later lowered the damages to $78.5 million. Monsanto appealed even the reduced award, and Johnson cross-appealed seeking reinstatement of the full jury award.

In appealing the verdict, Monsanto asked the court to either reverse the trial decision and enter a judgment for Monsanto or reverse and remand the case for a new trial. At the very least, Monsanto asked the appeals court to reduce the portion of the jury award for “future noneconomic damages” from $33 million to $1.5 million and to wipe out the punitive damages altogether.

The appeals court judges gave an early hint about how they were leaning on the case, notifying lawyers for the two sides that they should be prepared to discuss the question of damages in the June 2 hearing. Plaintiffs’ attorneys have taken that as an encouraging sign that the judges may not be planning to order a new trial.

Under the terms of the settlement that has been discussed for the last several months, Bayer would pay out a total of $10 billion to bring closure to cases held by several large firms, but would not agree to put warning labels on its glyphosate-based weed killers, as had been demanded by some of the plaintiffs’ attorneys.

The settlement would not cover all of the plaintiffs with pending claims. Nor would it cover Johnson or the other three plaintiffs who already won their claims at trial. Monsanto and Bayer have appealed all the trial losses.

Lawyers at the major firms involved in the litigation declined to discuss the current situation.

Bayer officials have denied there is any scientific evidence linking glyphosate herbicides to cancer, but investors have been pushing for a settlement to resolve the litigation. It would be beneficial to Bayer to settle the cases before any adverse ruling by the appellate court, which could further rattle the company’s shareholders. Bayer bought Monsanto in June of 2018. Following the Johnson trial loss in August 2018, the company’s share price plummeted and has remained under pressure.

Frustrated Plaintiffs

The first lawsuits in the Roundup cancer litigation were filed in late 2015, meaning many plaintiffs have been waiting years for resolution. Some plaintiffs have died while they waited, with their cases now being carried forward by family members frustrated at the lack of progress in bringing cases to a close.

Some plaintiffs have been making video messages directed at Bayer executives, calling for them to agree to settlements and to make changes to warn consumers about potential cancer risks of glyphosate-based herbicides such as Roundup.

Vincent Tricomi, 68, is one such plaintiff. In the video he made, which he shared with US Right to Know, he said he has undergone 12 rounds of chemotherapy and five hospital stays fighting his cancer. After achieving a temporary remission, the cancer recurred earlier this year, he said.

“There are so many like me who are suffering and need relief,” said Tricomi.  Watch his video message below:

Bayer settlement of Roundup cancer claims still up in air

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Jurors selected to hear a St. Louis case pitting cancer victims against Monsanto have been told the trial that was postponed indefinitely last week could resume as early as next Monday, a court spokesman said, an indication that efforts by Monsanto owner Bayer AG to end nationwide litigation over the safety of Roundup herbicides is still in flux.

In another sign that a deal has yet to be secured,  jury selection in a separate Roundup cancer trial – this one in California – was continuing this week. The trials in St. Louis and California involve plaintiffs who allege they or their loved ones developed non-Hodgkin lymphoma because of exposure to glyphosate-based herbicides made by Monsanto, including the popular Roundup brand. Tens of thousands of plaintiffs are making similar claims in lawsuits filed around the United States.

Bayer bought Monsanto in June of 2018 just as the first trial in the mass tort litigation was getting underway.  Bayer’s share price was hammered after a unanimous jury found that Monsanto’s herbicides were the cause of the plaintiff’s cancer in that case and that Monsanto had hidden evidence of the cancer risk from the public.

Two additional trials results in similar jury findings and drew worldwide media attention to damning internal Monsanto documents that show the company engaged in a number of deceptive practices over many decades to defend and protect the profitability of its herbicides.

Bayer investors are eager for the company to put an end to the litigation and head off more trials and the publicity that each brings.  Shares rose last week when the St. Louis trial was abruptly postponed as attorneys for the plaintiffs huddled with attorneys for Bayer and indicated a global settlement of the litigation was near.

Numbers of $8 billion-$10 billion have been floated for weeks by litigation sources as a potential settlement total for the mass of cases that has dogged Bayer ever since it bought Monsanto for $63 billion.

Bayer has already negotiated settlement terms with several of the law firms leading the litigation, but has been unable to reach an agreement with the plaintiffs’ firms of Weitz & Luxenberg and The Miller Firm. Together the two firms represent close to 20,000 plaintiffs, making their participation in a settlement a key element to a deal that will appease investors, said sources close to the litigation.

Sources said that the two sides were “very close” to a deal.

In separate, but related news, The Kellogg Company said this week that it was moving away from using grains that have been sprayed with glyphosate shortly before harvest as ingredients in its consumer snacks and cereals. The practice of using glyphosate as a desiccant was marketed by Monsanto for years as a practice that could help farmers dry out their crops before harvesting, but food product testing has demonstrated that the practice commonly leaves residues of the weed killer in finished foods like oatmeal.

Kellogg’s said it is “working with our suppliers to phase out using glyphosate as pre-harvest drying agent in our wheat and oat supply chain in our major markets, including the U.S., by the end of 2025.”

Trial in Monsanto’s Hometown Set for August After $2 Billion Verdict

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This article was originally published in Environmental Health News.

By Carey Gillam

After three stunning courtroom losses in California, the legal battle over the safety of Monsanto’s top-selling Roundup herbicide is headed for the company’s hometown, where corporate officials can be forced to appear on the witness stand, and legal precedence shows a history of anti-corporate judgments.

“The things that have gone on here, I want St. Louis juries to hear this stuff.”

Sharlean Gordon, a cancer-stricken woman in her 50s, is the next plaintiff currently set for trial. Gordon v. Monsanto starts Aug. 19 in St. Louis County Circuit Court, located just a few miles from the St. Louis, Missouri-area campus that was the company’s longtime world headquarters until Bayer bought Monsanto last June. The case was filed in July 2017 on behalf of more than 75 plaintiffs and Gordon is the first of that group to go to trial.

According to the complaint, Gordon purchased and used Roundup for at least 15 continuous years through approximately 2017 and was diagnosed with a form of non-Hodgkin lymphoma in 2006. Gordon has gone through two stem cell transplants and spent a year in a nursing home at one point in her treatment.

She is so debilitated that it is difficult for her to be mobile.

Her case, like that of the thousands of others filed around the United States, alleges use of Monsanto’s glyphosate-based herbicides caused her to develop non-Hodgkin lymphoma.

“She’s been through hell,” St. Louis attorney Eric Holland, one of the legal team members representing Gordon, told EHN. “She’s horribly injured. The human toll here is tremendous. I think Sharlean is really going to put a face on what Monsanto’s done to people.”

Holland said the hardest part about preparing for trial is determining what evidence to present to the jury within the three-week time span that the judge has set for the trial.

“This evidence against them, their conduct, is the most outrageous I’ve seen in my 30 years of doing this,” Holland said. “The things that have gone on here, I want St. Louis juries to hear this stuff.”

That Gordon trial will be followed by a September 9 trial also in St. Louis County in a case brought by plaintiffs Maurice Cohen and Burrell Lamb.

Monsanto’s deep roots in the community, including a large employment base and generous charitable donations throughout the area, could favor its chances with local jurors.

But on the flip side, St. Louis is regarded in legal circles as one the most favorable places for plaintiffs to bring lawsuits against corporations and there is a long history of large verdicts against major companies. St. Louis City Court is generally considered the most favorable but St. Louis County is also desired by plaintiffs’ attorneys.

The approach of the August and September trials comes on the heels of a stunning $2 billion verdict issued against Monsanto May 13. In that case, a jury in Oakland, California, awarded married couple Alva and Alberta Pilliod, who both suffer from cancer, $55 million in compensatory damages and $1 billion each in punitive damages.

The jury found that Monsanto has spent years covering up evidence that its herbicide causes cancer.

That verdict came only a little more than a month after a San Francisco jury ordered Monsanto to pay $80 million in damages to Edwin Hardeman, who also developed non-Hodgkin lymphoma after using Roundup. And last summer, a jury ordered Monsanto to pay $289 million to groundskeeper Dewayne “Lee” Johnson who received a terminal cancer diagnosis after using Monsanto herbicides in his job.

Aimee Wagstaff, who was co-lead counsel for Hardeman, is set to try the Gordon case in St. Louis with Holland. Wagstaff said she plans to subpoena several Monsanto scientists to appear on the witness stand to answer questions directly in front of a jury.

She and the other attorneys trying the California cases were not able to force Monsanto employees to testify live because of the distance. The law provides that witnesses cannot be compelled to travel more than 100 miles or out of state from where they live or work.

Mediation meeting

The trial losses have left Monsanto and its German owner Bayer AG under siege. Angry investors have pushed share prices to the lowest levels in roughly seven years, erasing more than 40 percent of Bayer’s market value.

And some investors are calling for Bayer CEO Werner Baumann to be ousted for championing the Monsanto acquisition, which closed in June of last year just as the first trial was getting underway.

Bayer maintains that there is no valid evidence of cancer causation associated with Monsanto’s herbicides, and says it believes it will win on appeal. But U.S. District Judge Vince Chhabria has ordered Bayer to begin mediation talks aimed at potentially settling the sprawling mass of lawsuits that includes roughly 13,400 plaintiffs in the United States alone.

All the plaintiffs are cancer victims or their family members and all allege Monsanto engaged in a range of deceptive tactics to hide the risks of its herbicides, including manipulating the scientific record with ghostwritten studies, colluding with regulators, and using outside individuals and organizations to promote the safety of its products while making sure they falsely appeared to be acting independently of the company.

A May 22 hearing is being held in part to define details of the mediation process. Bayer has indicated that it will comply with the order, but may not yet be ready to consider settling the litigation despite the courtroom losses.

Meanwhile, the litigation that originated in the United States has crossed the border into Canada where a Saskatchewan farmer is leading a class action lawsuit against Bayer and Monsanto making allegations that mirror those in the U.S. lawsuits.

“The Queen of Roundup”

Elaine Stevick of Petaluma, California was supposed to be the next in line to take on Monsanto at trial.

But in his order of mediation, Judge Chhabria also vacated her May 20 trial date. A new trial date is to be discussed at the hearing on Wednesday.

Stevick and her husband Christopher Stevick sued Monsanto in April of 2016 and said in an interview that they are eager to get their chance to confront the company over the devastating damage they say Elaine’s use of Roundup has done to her health.

She was diagnosed in December 2014 at the age of 63 with multiple brain tumors due to a type of non-Hodgkin lymphoma called central nervous system lymphoma (CNSL). Alberta Pilliod, who just won the most recent trial, also had a CNSL brain tumor.

The couple purchased an old Victorian home and overgrown property in 1990 and while Christopher worked on renovating the interior of the house, Elaine’s job was to spray weed killer over the weeds and wild onions that the couple said took over a good portion of the property.

She sprayed multiple times a year until she was diagnosed with cancer. She never wore gloves or other protective clothing because believed it to be as safe as advertised, she said.

Stevick is currently in remission but nearly died at one point in her treatment, Christopher Stevick said.

“I called her the ‘queen of Roundup’ because she was always walking around spraying the stuff,” he told EHN.

The couple attended parts of both the Pilliod and Hardeman trials, and said they are grateful the truth about Monsanto’s actions to hide the risks are coming into the public spotlight. And they want to see Bayer and Monsanto start warning users about the cancer risks of Roundup and other glyphosate-based herbicides.

“We want the companies to take responsibility for warning people—even if there is a chance that something would be harmful or hazardous for them, people should be warned,” Elaine Stevick told EHN.

NYC Leaders Join Calls for Ban on Monsanto Herbicide

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This article was originally published in Environmental Health News.

“Parks should be for playing not pesticides”

By Carey Gillam

Two New York City council members introduced legislation today that would ban city agencies from spraying glyphosate-based herbicides and other toxic pesticides in parks and other public spaces.

The move is the latest in a groundswell of concern over pesticide use, particularly exposures to weed killing products developed by Monsanto, which is now a unit of Bayer AG. Cities, school districts and suppliers across the U.S. are increasingly halting use of the pesticides.

It is also a further sign that a growing number of people – consumers, educators, business leaders and others – are rejecting assurances from Monsanto and Bayer that glyphosate herbicides such as Roundup are safe for widespread use.

Bayer has recently taken out large advertisements in the Wall Street Journal and The New York Times and has been running television and Internet ad campaigns to defend the safety of its weed killing products. But concerns continue to mount.

“Parks should be for playing not pesticides,” said New York City council member Ben Kallos, a co-sponsor of the measure. “All families should be able to enjoy our city parks without having to worry that they are being exposed to toxic pesticides that could give them and their families cancer.”

The New York City measure would prohibit the application of synthetic pesticides within 75 feet of a natural body of water. And it would encourage city agencies to move to the use of biological pesticides, which are derived from naturally occurring substances rather than synthetic substances.

Glyphosate is commonly used in New York City, sprayed hundreds of times a year onto public greenspaces to treat weeds and overgrowth. Kallos told EHN he fears letting his young daughter play in famed Central Park because of the dangers of pesticide exposure.

Science, public awareness grow

Glyphosate is the world’s most widely used herbicide and is the active ingredient in not only Roundup brands but also hundreds of others sold around the world.

Since patenting glyphosate as a weed killer in 1974, Monsanto has always asserted it does not cause cancer and is much safer for people and the environment than other pesticides.

But scientific research developed over the last several decades has contradicted those corporate claims. Concerns escalated after the International Agency for Research on Cancer classified glyphosate as a probable human carcinogen in 2015.

More than 11,000 cancer victims are suing Monsanto alleging exposure to Roundup and other glyphosate products the company sells caused them to develop non-Hodgkin lymphoma.

The lawsuits also claim the company has long known about the cancer risks but has worked to keep that information from the public, in part by manipulating scientific data relied on by regulators.

The first two trials have ended in unanimous jury verdicts in favor of plaintiffs. A third trial is underway in California now.

Kallos is hoping that public awareness generated by the trials will drive support for his bill. A similar measure introduced in 2015 failed to gather enough support to pass.

“The science gets stronger and stronger every day, and public interest around the issue is getting stronger,” said Kallos.

Latest effort to limit or ban

The effort in New York is just one of many around the United States to ban or limit applications of glyphosate products and other pesticides.

City commissioners in Miami voted in favor of a ban on glyphosate herbicides in February. In March, the Los Angeles County Board of Supervisors issued a moratorium on glyphosate applications on county property to allow for a safety evaluation by public health and environmental experts.

The list of school districts, cities and home owners groups that have banned or limited the use of glyphosate and other similarly hazardous pesticides includes many in California where the state’s Office of Environmental Health Hazard Assessment (OEHHA) lists glyphosate as a known carcinogen.

This week, a group of Leesburg, Virginia, residents called on the town’s officials to stop using glyphosate along area stream banks.

Some large suppliers have also started backing away from glyphosate products. Harrell’s, a Florida-based turf, golf course and agricultural product supplier, stopped offering glyphosate products as of March 1.

Harrel’s CEO Jack Harrell Jr. said the company’s insurance provider was no longer willing to provide coverage for claims related to glyphosate, and the company was unable to secure adequate coverage from other insurers.

Costco has stopped selling Roundup—a corporate spokesperson says that they’ve removed the product from inventory for 2019. Salespeople at various stores contacted confirmed that they no longer offer the products.

And large independent garden center company Pike Nurseries in Georgia said earlier this month it is not restocking Roundup supplies due to declining sales.

On trial

The shunning of Monsanto’s products has not been helped by global publicity surrounding the first three Roundup cancer trials, which have placed internal Monsanto emails and strategic planning reports into the public spotlight and elicited testimony about the company’s handling of sensitive scientific concerns about perceived hazards of its herbicides.

In the trial currently underway, a case brought by a husband and wife who both have non-Hodgkin lymphoma they blame on their use of Roundup, evidence was introduced last week about the ease with which the weed killer can absorb into human skin.

Evidence was also laid out showing that Monsanto worked closely with the Environmental Protection Agency to block a toxicity review of glyphosate by a separate government agency.

The current trial, and the two previous trials, have all included evidence that Monsanto engaged in ghostwriting certain scientific papers that concluded glyphosate products were safe; and that Monsanto spent millions of dollars on projects aimed at countering the conclusions of the international cancer scientists who classified glyphosate as a probable carcinogen.

Bayer’s annual shareholders meeting is set for April 26 and angry investors are calling for answers from Bayer CEO Werner Baumann who drove the acquisition of Monsanto, closing the $63 billion deal just before the first Roundup cancer trial started last June.

The company maintains glyphosate herbicides are not carcinogenic and it will ultimately prevail.

But Susquehanna Financial Group analyst Tom Claps has warned shareholders to brace for a global settlement of between $2.5 billion and $4.5 billion. “It’s not a matter of ‘if’ Bayer will reach a global Roundup settlement, it is a matter of ‘when,'” Claps told investors in a recent report.

U.S. District Judge Vince Chhabria has ordered Bayer to enter into mediation, to discuss just such a potential settlement of the Roundup litigation.

Bayer Makes Bid for “Trust” Amid Third Monsanto Cancer Trial

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Bayer AG, which bought Monsanto last summer, said Monday that it was making scientific studies available for public scrutiny in an effort to counter growing concerns about the safety of Monsanto’s flagship glyphosate-based herbicide products.

“Transparency is a catalyst for trust, so more transparency is a good thing for consumers, policymakers and businesses, Liam Condon, president of Bayer’s crop science division, said in a statement. Safety, he said, is the company’s top priority.

The comments come as pressure is mounting on Bayer management as roughly 11,000 people are suing Monsanto alleging glyphosate-based herbicides such as Roundup cause non-Hodgkin lymphoma, and Monsanto has hidden the risks and manipulated the scientific record. The first Roundup cancer trial resulted in a jury verdict of $289 million in damages against Monsanto, though a judge later lowered that to $78 million. The second such trial ended last month with a jury verdict of $80.2 million against Monsanto. The third trial is now underway.

Last week U.S. District Judge Vince Chhabria told Bayer attorneys and plaintiffs’ attorneys that he would like the parties to enter into mediation to discuss a possible settlement. He vacated a fourth trial set to begin in May.

Monsanto and Bayer deny the allegations and say the weight of science supports the safety of glyphosate herbicides. They also deny claims that company scientists ghost-wrote seemingly independent scientific papers and otherwise manipulated the scientific record.

“By making our detailed scientific safety data available, we encourage anyone interested to see for themselves how comprehensive our approach to safety is. We embrace the opportunity to engage in dialogue so we can build more trust in sound science,” said Condon.

The company said it was providing access to 107 Bayer-owned glyphosate safety study reports that were submitted to the European Food Safety Authority as part of the substance authorization process in the European Union. The studies are accessible on Bayer’s transparency platform.

The news from Bayer comes ahead of an April 26 shareholders meeting in which some investors are calling for the head of Bayer CEO Werner Baumann for leading the company into the Monsanto acquisition. Monsanto’s top management walked away with millions of dollars in exit packages just before the first Roundup cancer trial, leaving Bayer holding the bag for the litigation losses and the bad publicity. Since last summer, the company has seen an exodus of customers as retailers, cities, school districts and others say they are backing away from the Monsanto herbicides.

As Bayer focuses on its messaging outside the court room, epidemiologist Beate Ritz, professor at the University of California Los Angeles School of Public Health, is due to take the stand today in Pilliod v. Monsanto,  the third Roundup cancer trial. Ritz has testified in the two prior trials that her analysis of several scientific studies shows that  there is a “credible link” between glyphosate-based herbicides such as Monsanto’s Roundup and non-Hodgkin’s lymphoma.

The current case was brought by Alva and Alberta Pilliod, a married couple who both have non-Hodgkin lymphoma they allege is due to years of Roundup use.

Following Ritz will be testimony from Dennis Weisenburger, a pathologist specializing in studying the causes of non-Hodgkin lymphoma. Weisenburger testified in the Edwin Hardeman v. Monsanto trial that Roundup is a “substantial cause” of cancer in people who are exposed.

Meanwhile, plaintiffs’ attorneys continue to worry about what they believe to be “geofencing” by Monsanto.   Geofencing is a popular advertising technique that delivers specific messaging/content to anyone within a specific geographic area designated by the company or group paying for the ad. The area can be very small, a mile radius around a specific address, for instance.  Anyone within that designated area using an app on a smart phone – such as a weather app or a game – would then be delivered the ad. Targeted individuals don’t have to be searching for information; it just appears on their smart phone.

Plaintiffs’ attorneys raised the issue in the Hardeman case, and had concerns that Monsanto was pushing messaging to jurors through geofencing in the first Roundup cancer trial, which was brought by groundskeeper Dewayne “Lee” Johnson.

In the Pilliod case, the issue was discussed Thursday in court as the plaintiffs attorneys sought a judicial order to prohibit Monsanto from the tactic, but the judge was skeptical and declined to issue such an order.

Here is part of the exchange. All can be seen in the trial transcript. 

PLAINTIFFS’ ATTORNEY BRENT WISNER:  Your Honor, I think there’s one — and I get your point. I think just to clarify one procedural factual thing. Right? If I were to walk over to a juror personally and say to you, “Hey, Juror Number 3, Monsanto’s stuff causes cancer and all these studies show it,” I mean, that would be a mistrial. Instantaneously. That’s jury tampering. Right? Now if they do that same thing — if I did the same thing by targeting every person’s phone in this courtroom or every single person’s phone in this courthouse and pushing that information, that same message to them on their phone — and what happens is -­  I don’t know if you use your phone for this kind of purposes, but, for example, when I look at my ESPN app and I’m looking at the scores for the UCLA water polo team, or whatever, you know, there’s little ads that pop up.

THE COURT: Sure.

MR. WISNER: And those ads are saying “Federal judge says Roundup is safe.” That’s the kind of stuff
we’re seeing. We saw this happening with quite intensity in the Johnson trial. Numerous jurors during voir dire mentioned that they were having these things pushed on them as soon as they walked in the building. And so whether or not Monsanto is or is not doing that, I think that if they are, that should be
prohibited. That’s not really a point of First Amendment. That is now clearly targeting people that
they know they can’t speak to.

THE COURT: And you’re asking me to assign a subjective intent that I don’t know exists and it’s
still prior restraint. I mean, technology has taken us places probably we never thought it would go… I guess if I were picking sides, I might believe that. But I can’t pick sides.

Weed Killer Residues Found in 98 Percent of Canadian Honey Samples

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Study is the latest evidence that glyphosate herbicides are so pervasive that residues can be found in foods not produced by farmers using glyphosate.

This article was originally published in Environmental Health News.

By Carey Gillam

As U.S. regulators continue to dance around the issue of testing foods for residues of glyphosate weed killers, government scientists in Canada have found the pesticide in 197 of 200 samples of honey they examined.

The authors of the study, all of whom work for Agri-Food Laboratories at the Alberta Ministry of Agriculture and Forestry, said the prevalence of glyphosate residues in honey samples – 98.5 percent – was higher than what was reported in several similar studies done over the last five years in other countries.

Glyphosate is the world’s most widely used herbicide and is the active ingredient in Roundup brands as well as hundreds of others sold around the world for agriculture and other purposes. Use has grown dramatically over the last 25 years and consumers have become concerned about residues of the herbicide in their food.

The data provides fresh evidence that glyphosate herbicides are so pervasive in the environment that residues can be found even in a food that is not produced by farmers using glyphosate. The researchers noted in their report that they ran into delays trying to calibrate their testing equipment “due to difficulties encountered in obtaining a honey sample which did not contain traces of glyphosate.”

Bees pick up traces of pesticides as they move from plant to plant, unintentionally transferring residues from crops or weeds sprayed with glyphosate back to their hives.

In a different study, researchers on the Hawaiian island of Kauai took honey directly from 59 bee hives and found glyphosate residues in 27 percent of them. The Hawaiian researchers said bee hives located near farming areas as well as golf courses where glyphosate is used had higher concentrations of the pesticide.

The Canadian report also comes amid growing evidence that glyphosate herbicides can cause cancer, specifically non-Hodgkin’s lymphoma. On Tuesday a jury in San Francisco unanimously found that Roundup, a glyphosate-based herbicide made popular by chemical manufacturer Monsanto Co., use was a “substantial factor” in causing non-Hodgkin’s lymphoma in a California man. That echoed a similar unanimous jury verdict handed down in August in a separate case in which a cancer victim also alleged his disease was due to exposure to Monsanto’s glyphosate-based herbicides.

Both verdicts came after plaintiffs’ lawyers presented evidence of multiple studies showing the cancer-causing potential of glyphosate herbicides, including one published last month in a journal whose editor is a senior scientist at the U.S. Environmental Protection Agency (EPA).

The Canadians’ decision to examine honey samples for glyphosate comes after a similar look at honey samples by a U.S. Food and Drug Administration chemist in 2017. That FDA scientist found all 28 honey samples he looked at had traces of glyphosate, with 61 percent of the samples having enough glyphosate to be measured. The other samples had residues of the herbicide too slight to measure.

“Safe” levels

The Canadian report, published in a journal called Food Additives & Contaminants: Part A, said that glyphosate is currently an active ingredient in 181 herbicides registered for use in Canada and its widespread use has made it commonly found in the environment.

The study authors pointed out that Canada, like the United States, does not have a legal standard for how much of the herbicide is considered safe in honey. Regulators in different countries set what are referred to as “maximum residue limits” (MRLs) and tell consumers their food is safe if pesticide residues remain below the MRLs. In Europe, the MRL for glyphosate in honey is 0.05 mg/kg, also expressed as 50 μg/kg.

The Canadian study authors said that all of the levels they found were below the European limit, though the highest was just barely within the legal limit. Because the residues did not exceed the MRL, they said, “the risk to consumer health appears to be quite low based on the residues detected.”

Several of the residue levels found by the FDA scientist in U.S. honey were above that so-called safe level that applies in the European Union. But the FDA, like the U.S. Department of Agriculture (USDA) and EPA, assert that as long as pesticide residues are below the legal MRLs, they are not harmful.

Many scientists do not agree that MRLs actually are protective of public health, however.

“People think the standards are protective of public health but they are not,” Dr. Philip Landrigan, director of the Global Public Health Program at Boston College, told EHN. “The optimal amount” of pesticide residues in food is “zero,” he said. “Remember, many of the people eating honey are children.”

A team of Harvard scientists published a commentary in October stating that more research about potential links between disease and consumption of pesticide residues is “urgently needed” as more than 90 percent of the U.S. population has pesticide residues in their urine and blood.

The United States has fallen behind Europe, Canada and other countries in testing foods for residues of glyphosate. Though both the FDA and the USDA annually test thousands of food samples for pesticide residues and report the data in reports, both agencies have not included glyphosate in their yearly testing programs.

In fact, the honey test data gathered by the FDA chemist was never published by the FDA and was not included in the agency’s first-ever glyphosate testing data that was released late last year as part of the annual test data report.

The USDA has similarly balked at testing foods for glyphosate residues for decades. The agency planned to start limited testing in 2017 but dropped the plan with little explanation only a couple of months before testing was to have started.

Legislative push for testing

Amid all the concerns about glyphosate and residues in food, U.S. Rep Rosa DeLauro of Connecticut this month introduced a measure called the “Keep Food Safe From Glyphosate Act.” The bill would require the USDA to routinely test food samples for glyphosate residues.

The bill would also ban the spraying of glyphosate as a desiccant on oats. The practice is employed by some farmers to dry their oats before harvesting. It makes harvest more efficient but leaves higher residues on finished oat-based foods.

Monsanto, now a unit of Bayer AG, has marketed glyphosate for use on oats as a desiccant for years, and the company also has successfully convinced the EPA to raise the MRL for glyphosate residues allowed in oat products. In 1993, for example, the EPA had a tolerance for glyphosate in oats at 0.1 parts per million (ppm) but in 1996 Monsanto asked EPA to raise the tolerance to 20 ppm and the EPA did as asked. In 2008, at Monsanto’s suggestion, the EPA again looked to raise the tolerance for glyphosate in oats, this time to 30 ppm.

In her bill, DeLauro is looking to slash the MRL for glyphosate residues in oats to 0.1 ppm.

Canadian farmers are among the world’s top producers of oats, and desiccation with glyphosate has been a common practice there.

Health Canada has rejected concerns about glyphosate safety, saying: “No pesticide regulatory authority in the world currently considers glyphosate to be a cancer risk to humans at the levels at which humans are currently exposed.”

In addition to testing for glyphosate residues, the Canadian scientists also tested for residues of glyphosate’s main degradation product, a metabolite called aminomethylphosphonic acid (AMPA). Like glyphosate, AMPA has long been considered to have low toxicity. AMPA was detected in 198 of the 200 samples up to a concentration of 50.1 μg/kg.

“The contribution of glyphosate and AMPA residues present in the ambient environment to contamination of plant nectar and subsequently honey itself is further complicated by the variations in the levels of these compounds in environmental matrices such as soil and surface water,” the scientists said in their report.

The scientists also looked for residues of the weed killer glufosinate and found residues of that herbicide in 125 of 200 samples, with the maximum concentration detected being 33 μg/kg.

Glufosinate is the active ingredient in BASF’s Liberty herbicide.

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