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.”

Glyphosate Fact Sheet: Cancer and Other Health Concerns

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Glyphosate, a synthetic herbicide patented in 1974 by the Monsanto Company and now manufactured and sold by many companies in hundreds of products, has been associated with cancer and other health concerns. Glyphosate is best known as the active ingredient in Roundup-branded herbicides, and the herbicide used with “Roundup Ready” genetically modified organisms (GMOs).

Herbicide tolerance is the most prevalent GMO trait engineered into food crops, with some 90% of corn and 94% of soybeans in the U.S. engineered to tolerate herbicides, according to USDA data. A 2017 study found that Americans’ exposure to glyphosate increased approximately 500 percent since Roundup Ready GMO crops were introduced in the U.S in 1996. Here are some key facts about glyphosate:

Most Widely Used Pesticide

According to a February 2016 study, glyphosate is the most widely used pesticide: “In the U.S., no pesticide has come remotely close to such intensive and widespread use.” Findings include:

  • Americans have applied 1.8 million tons of glyphosate since its introduction in 1974.
  • Worldwide 9.4 million tons of the chemical has been sprayed on fields – enough to spray nearly half a pound of Roundup on every cultivated acre of land in the world.
  • Globally, glyphosate use has risen almost 15-fold since Roundup Ready GMO crops were introduced.

Statements from scientists and health care providers 

Cancer Concerns

The scientific literature and regulatory conclusions regarding glyphosate and glyphosate-based herbicides show a mix of findings, making the safety of the herbicide a hotly debated subject. 

In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans” after reviewing years of published and peer-reviewed scientific studies. The team of international scientists found there was a particular association between glyphosate and non-Hodgkin lymphoma.

U.S. agencies: At the time of the IARC classification, the Environmental Protection Agency (EPA) was conducting a registration review. The EPA’s Cancer Assessment Review Committee (CARC) issued a report in September 2016 concluding that glyphosate was “not likely to be carcinogenic to humans” at doses relevant to human health. In December 2016, the EPA convened a Scientific Advisory Panel to review the report; members were divided in their assessment of EPA’s work, with some finding the EPA erred in how it evaluated certain research. Additionally, the EPA’s Office of Research and Development determined that EPA’s Office of Pesticide Programs had not followed proper protocols in its evaluation of glyphosate, and said the evidence could be deemed to support a “likely” carcinogenic or “suggestive” evidence of carcinogenicity classification. Nevertheless the EPA issued a draft report on glyphosate in December 2017 continuing to hold that the chemical is not likely to be carcinogenic. In April 2019, the EPA reaffirmed its position that glyphosate poses no risk to public health. But earlier that same month, the U.S. Agency for Toxic Substances and Disease Registry (ATSDR) reported that there are links between glyphosate and cancer. According to the draft report from ATSDR, “numerous studies reported risk ratios greater than one for associations between glyphosate exposure and risk of non-Hodgkin’s lymphoma or multiple myeloma.” 

The EPA issued an Interim Registration Review Decision in January 2020 with updated information about its position on glyphosate. 

European Union: The European Food Safety Authority and the European Chemicals Agency have said glyphosate is not likely to be carcinogenic to humans. A March 2017 report by environmental and consumer groups argued that regulators relied improperly on research that was directed and manipulated by the chemical industry. A 2019 study found that Germany’s Federal Institute for Risk Assessment report on glyphosate, which found no cancer risk, included sections of text that had been plagiarized from Monsanto studies.  In February 2020, reports surfaced that 24 scientific studies submitted to the German regulators to prove the safety of glyphosate came from a large German laboratory that has been accused of fraud and other wrongdoing.

WHO/FAO Joint Meeting on Pesticide Residues determined in 2016 that glyphosate was unlikely to pose a carcinogenic risk to humans from exposure through the diet, but this finding was tarnished by conflict of interest concerns after it came to light that the chair and co-chair of the group also held leadership positions with the International Life Sciences Institute, a group funded in part by Monsanto and one of its lobbying organizations.

California OEHHA: On March 28, 2017, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment confirmed it would add glyphosate to California’s Proposition 65 list of chemicals known to cause cancer. Monsanto sued to block the action but the case was dismissed. In a separate case, the court found that California could not require cancer warnings for products containing glyphosate. On June 12, 2018, a U.S. District Court denied the California Attorney General’s request for the court to reconsider the decision. The court found that California could only require commercial speech that disclosed “purely factual and uncontroversial information,” and the science surrounding glyphosate carcinogenicity was not proven.

Agricultural Health Study: A long-running U.S. government-backed prospective cohort study of farm families in Iowa and North Carolina has not found any connections between glyphosate use and non-Hodgkin lymphoma, but the researchers reported that “among applicators in the highest exposure quartile, there was an increased risk of acute myeloid leukemia (AML) compared with never users…” The most recent published update to the study was made public in late 2017.

Recent studies linking glyphosate to cancer and other health concerns 

Cancer

Endocrine disruption, fertility and reproductive concerns 

Liver disease 

  • A 2017 study associated chronic, very low-level glyphosate exposures to non-alcoholic fatty liver disease in rats. According to the researchers, the results “imply that chronic consumption of extremely low levels of a GBH formulation (Roundup), at admissible glyphosate-equivalent concentrations, are associated with marked alterations of the liver proteome and metabolome,” the biomarkers for NAFLD.

Microbiome disruption 

  • November 2020 paper in the Journal of Hazardous Materials reports that approximately 54 percent of species in the core of the human gut microbiome are “potentially sensitive” to glyphosate. With a “large proportion” of bacteria in the gut microbiome susceptible to glyphosate, the intake of glyphosate “may severely affect the composition of the human gut microbiome,” the authors said in their paper. 
  • A 2020 literature review of glyphosate’s effects on the gut microbiome concludes that, “glyphosate residues on food could cause dysbiosis, given that opportunistic pathogens are more resistant to glyphosate compared to commensal bacteria.” The paper continues, “Glyphosate may be a critical environmental trigger in the etiology of several disease states associated with dysbiosis, including celiac disease, inflammatory bowel disease and irritable bowel syndrome. Glyphosate exposure may also have consequences for mental health, including anxiety and depression, through alterations in the gut microbiome.”
  • A 2018 rat study conducted by the Ramazzini Institute reported that low-dose exposures to Roundup at levels considered safe significantly altered the gut microbiota in some of the rat pups.
  • Another 2018 study reported that higher levels of glyphosate administered to mice disrupted the gut microbiota and caused anxiety and depression-like behaviors.

Harmful impacts bees and monarch butterflies.

Cancer lawsuits

More than 42,000 people have filed suit against Monsanto Company (now Bayer) alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma (NHL), and that Monsanto covered up the risks. As part of the discovery process, Monsanto has had to turn over millions of pages of internal records. We are posting these Monsanto Papers as they become available. For news and tips about the ongoing legislation, see Carey Gillam’s Roundup Trial Tracker. The first three trials ended in large awards to plaintiffs for liability and damages, with juries ruling that Monsanto’s weed killer was a substantial contributing factor in causing them to develop NHL. Bayer is appealing the rulings. 

Monsanto influence in research: In March 2017, the federal court judge unsealed some internal Monsanto documents that raised new questions about Monsanto’s influence on the EPA process and about the research regulators rely on. The documents suggest that Monsanto’s long-standing claims about the safety of glyphosate and Roundup do not necessarily rely on sound science as the company asserts, but on efforts to manipulate the science

More information about scientific interference:

Sri Lankan scientists awarded AAAS freedom award for kidney disease research

The AAAS has awarded two Sri Lankan scientists, Drs. Channa Jayasumana and Sarath Gunatilake, the 2019 Award for Scientific Freedom and Responsibility for their work to “investigate a possible connection between glyphosate and chronic kidney disease under challenging circumstances.” The scientists have reported that glyphosate plays a key role in transporting heavy metals to the kidneys of those drinking contaminated water, leading to high rates of chronic kidney disease in farming communities. See papers in  SpringerPlus (2015), BMC Nephrology (2015), Environmental Health (2015), International Journal of Environmental Research and Public Health (2014). The AAAS award had been suspended amidst a fierce opposition campaign by pesticide industry allies to undermine the work of the scientists. After a review, the AAAS reinstated the award

Desiccation: another source of dietary exposures 

Some farmers use glyphosate on non-GMO crops such as wheat, barley, oats, and lentils to dry down the crop ahead of harvest in order to accelerate the harvest. This practice, known as desiccation, may be a significant source of dietary exposure to glyphosate.

Glyphosate in food: U.S. drags its feet on testing

The USDA quietly dropped a plan to start testing food for residues of glyphosate in 2017. Internal agency documents obtained by U.S. Right to Know show the agency had planned to start testing over 300 samples of corn syrup for glyphosate in April 2017. But the agency killed the project before it started. The U.S. Food and Drug Administration began a limited testing program in 2016, but the effort was fraught with controversy and internal difficulties and the program was suspended in September 2016. Both agencies have programs that annually test foods for pesticide residues but both have routinely skipped testing for glyphosate.

Before the suspension, one FDA chemist found alarming levels of glyphosate in many samples of U.S. honey, levels that were technically illegal because there have been no allowable levels established for honey by the EPA. Here is a recap of news about glyphosate found in food:

Pesticides in our food: Where’s the safety data?

USDA data from 2016 shows detectable pesticide levels in 85% of more than 10,000 foods sampled, everything from mushrooms to grapes to green beans. The government says there are little to no health risks, but some scientists say there is little to no data to back up that claim. See “Chemicals on our food: When “safe” may not really be safe: Scientific scrutiny of pesticide residue in food grows; regulatory protections questioned,” by Carey Gillam (11/2018).

Roundup cancer trials still a threat to Bayer, but settlement talks progressing

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Lawyers for Monsanto owner Bayer AG and for plaintiffs suing Monsanto told a federal judge on Thursday that they were continuing to make progress in settling sweeping nationwide litigation brought by people who claim Monsanto’s Roundup caused them to develop cancer.

In a video hearing, Bayer lawyer William Hoffman told U.S. District Judge Vince Chhabria the company had reached deals – or was close to reaching deals – to resolve more than 3,000 lawsuits that are grouped together in multidistrict litigation (MDL) filed in U.S. District Court for the Northern District of California.

The company separately has already settled thousands of cases outside the MDL, cases that have been proceeding through state courts. But controversy and conflict have dogged the overall settlement offers, with allegations from some plaintiffs’ firms that Bayer reneged on agreements reached months ago, and some plaintiffs’ firms unwilling to agree to what they consider inadequate offers from Bayer.

There was no discussion of those complaints, however,  in Thursday’s hearing, with both sides expressing optimistic views.

“The company has moved forward and finalized several agreements with firms…. we’re also hopefully going to finalize additional agreements in the next several days,” Hoffman told the judge.

“Where we are right now… these figures are somewhat estimates but I think they are reasonably close: There are approximately 1,750 cases that are subject to agreements between the company and law firms and another approximately 1,850 to 1,900 cases that are in various stages of discussion right now,” Hoffman said. “We are working to put in place a program to accelerate discussions and hopefully bring agreements to fruition with those firms.”

Plaintiffs’ lawyer Brent Wisner told the judge it was important to note that there remain a “handful of cases” within the MDL that are not settled yet. But, he said – “We anticipate they will be shortly.”

Judge Chhabria said that given the progress he will continue a stay of the Roundup litigation until November 2 but that he will start moving cases to trial if they are not resolved by that point.

Bayer Bad Dealing Alleged

The cooperative tone expressed in Thursday’s hearing was a far cry from a hearing held last month when plaintiffs’ attorney Aimee Wagstaff  told Judge Chhabria that Bayer was not honoring tentative settlement agreements made in March and intended for finalization in July.

Bayer announced in June that it had reached a $10 billion settlement with U.S. law firms to resolve most of more than 100,000 Roundup cancer claims. But at that time the only major law firms leading the litigation that had final signed agreements with Bayer were The Miller Firm and Weitz & Luxenburg.

The Miller Firm’s deal alone totaled $849 million to cover the claims of more than 5,000 Roundup clients, according to settlement documents.

The  California-based Baum Hedlund Aristei &  Goldman law firm; the Andrus Wagstaff firm from Colorado; and the Moore Law Group of Kentucky had tentative deals but not final agreements.

According to a letter written by Wagstaff filed with the court, Bayer requested repeated extensions until the deal with her firm fell apart in mid-August. After reporting the issues to Judge Chhabria, the settlement talks resumed and were ultimately resolved with the three firms this month.

Some details of how the settlements will be administered were filed earlier this week in a court in Missouri. The Garretson Resolution Group, Inc., doing business as Epiq Mass Tort, will act as the
Lien Resolution Administrator,” for instance, for clients of Andrus Wagstaff whose settlement dollars will need to be used in part or in whole to repay cancer treatment expenses paid by Medicare.

Bayer bought Monsanto in 2018 just as the first Roundup cancer trial was getting underway. It has since 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 herbicides do cause cancer and that Monsanto spent decades hiding the risks.

The jury awards totaled well over $2 billion, though the judgments have been ordered reduced by trial and appellate court judges.

Bayer had threatened to file for bankruptcy if no nationwide settlement was reached, according to communications from the plaintiffs’ firms to their clients.

Cornell Alliance for Science is a PR Campaign for the Agrichemical Industry

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Despite its academic-sounding name and affiliation with an Ivy League institution, the Cornell Alliance for Science (CAS) is a public relations campaign funded by the Bill & Melinda Gates Foundation that trains fellows around the world to promote and defend genetically engineered crops and agrichemicals in their home countries. Numerous academics, food policy experts, food and farming groups have called out the inaccurate messaging and deceptive tactics CAS associates have used to try to discredit concerns about and alternatives to industrial agriculture.

In September, CAS announced $10 million in new funding from the Gates Foundation, bringing total Gates funding to $22 million since 2014. The new funding comes as Gates Foundation is facing pushback from African farming, food and faith groups for spending billions of dollars on agricultural development schemes in Africa that evidence shows are failing to alleviate hunger or lift up small farmers, as they entrench farming methods that benefit corporations over people. 

This fact sheet documents many examples of misinformation from CAS and people affiliated with the group.  The examples described here provide evidence that CAS is using Cornell’s name, reputation and authority to advance the PR and political agenda of the world’s largest chemical and seed corporations.

Industry-aligned mission and messaging

CAS launched in 2014 with a $5.6 million Gates Foundation grant and promises to “depolarize” the debate around GMOs. The group says its mission is to “promote access” to GMO crops and foods by training “science allies” around the world to educate their communities about the benefits of agricultural biotechnology.

Pesticide industry group promotes CAS 

A key part of the CAS strategy is to recruit and train Global Leadership Fellows in communications and promotional tactics, focusing on regions where there is public opposition to the biotech industry, particularly African countries that have resisted GMO crops.

The CAS mission is strikingly similar to the Council for Biotechnology Information (CBI), a pesticide-industry funded public relations initiative that has partnered with CAS. The industry group worked to build alliances across the food chain and train third-parties, particularly academics and farmers, to persuade the public to accept GMOs.

CAS messaging aligns closely with pesticide industry PR: a myopic focus on  touting the possible future benefits of genetically engineered foods while downplaying, ignoring or denying risks and problems. Like industry PR efforts, CAS also focuses heavily on attacking and trying to discredit critics of agrichemical products, including scientists and journalists who raise health or environmental concerns.

Widespread criticism

CAS and its writers have drawn criticism from academics, farmers, students, community groups and food sovereignty movements who say the group promotes inaccurate and misleading messaging and uses unethical tactics. See for example:

Examples of misleading messaging

Experts in genetic engineering, biology, agroecology and food policy have documented many examples of inaccurate claims made by Mark Lynas, a visiting fellow at Cornell who has written dozens of articles defending agrichemical products in the name of CAS; see for example his many articles promoted by the Genetic Literacy Project, a PR group that works with Monsanto. Lynas’ 2018 book argues for African countries to accept GMOs, and devotes a chapter to defending Monsanto.

Inaccurate claims about GMOs

Numerous scientists have criticized Lynas for making false statements, “unscientific, illogical and absurd” arguments, promoting dogma over data and research on GMOs, rehashing industry talking points, and making inaccurate claims about pesticides that “display a deep scientific ignorance, or an active effort to manufacture doubt.”

“The laundry list of what Mark Lynas got wrong about both GMOs and science is extensive, and has been refuted point by point by some of the world’s leading agroecologists and biologists,” wrote Eric Holt-Giménez, executive director of Food First, in April 2013 (Lynas joined Cornell as a visiting fellow later that year).  

“disingenuous and untruthful”

Africa-based groups have critiqued Lynas at length. The Alliance for Food Sovereignty in Africa, a coalition of more than 40 food and farming groups across Africa, has described Lynas as a “fly-in pundit” whose “contempt for African people, custom and tradition is unmistakable.” Million Belay, director of AFSA, described Lynas as “a racist who is pushing a narrative that only industrial agriculture can save Africa.”

In a 2018 press release, the South Africa-based African Centre for Biodiversity described unethical tactics Lynas has used to promote the biotech lobby agenda in Tanzania. “There is an issue definitely about accountability and [need for] reigning the Cornell Alliance for Science in, because of the misinformation and the way that they are extremely disingenuous and untruthful,” Mariam Mayet, executive director of the African Centre for Biodiversity, said in a July 2020 webinar.

For detailed critiques of Lynas’ work, see articles at the end of this post and our Mark Lynas fact sheet.

Attacking agroecology

A recent example of inaccurate messaging is a widely panned article on the CAS website by Lynas claiming, “agro-ecology risks harming the poor.” Academics described the article as a “demagogic and non-scientific interpretation of a scientific paper,” “deeply unserious,” “pure ideology” and “an embarrassment for someone who wants to claim to be scientific,” a “really flawed analysis“ that makes “sweeping generalizations“ and “wild conclusions.” Some critics called for a retraction.

2019 article by CAS fellow Nassib Mugwanya provides another example of misleading content on the topic of agroecology. The article, “Why traditional agricultural practices can’t transform African agriculture,” reflects the typical messaging pattern in CAS materials: presenting GMO crops as the “pro-science” position while painting “alternative forms of agricultural development as ‘anti-science,’ groundless and harmful,” according to an analysis by the Seattle-based Community Alliance for Global Justice.

“Particularly notable in the article are strong usages of metaphors (e.g., agroecology likened to handcuffs), generalizations, omissions of information and a number of factual inaccuracies,” the group said.

Using Monsanto playbook to defend pesticides

Another example of misleading industry-aligned CAS messaging can be found in the group’s defense of glyphosate-based Roundup. The herbicides are a key component of GMO crops with 90% of corn and soy grown in the United States genetically engineered to tolerate Roundup. In 2015, after the World Health Organization’s cancer research panel said glyphosate is a probable human carcinogen, Monsanto organized allies to “orchestrate outcry” against the independent science panel to “protect the reputation” of Roundup, according to internal Monsanto documents.

Monsanto’s PR playbook: attacking cancer experts as ‘activists’

Mark Lynas used the CAS platform to amplify the Monsanto messaging, describing the cancer report as a “witch hunt” orchestrated by “anti-Monsanto activists” who “abused science” and committed “an obvious perversion of both science and natural justice” by reporting a cancer risk for glyphosate. Lynas used the same flawed arguments and industry sources as the American Council on Science and Health, a front group Monsanto paid to help spin the cancer report.

While claiming to be on the side of science, Lynas ignored ample evidence from Monsanto documents, widely reported in the press, that Monsanto interfered with scientific research, manipulated regulatory agencies and used other heavy-handed tactics to manipulate the scientific process in order to protect Roundup. In 2018, a jury found the that Monsanto “acted with malice, oppression or fraud” in covering up the cancer risk of Roundup.

Lobbying for pesticides and GMOs in Hawaii

Although its main geographical focus is Africa, CAS also aids pesticide industry efforts to defend pesticides and discredit public health advocates in Hawaii. The Hawaiian Islands are an important testing ground for GMO crops and also an area that reports high exposures to pesticides and concerns about pesticide-related health problems, including birth defects, cancer and asthma. These problems led residents to organize a years-long fight to pass stronger regulations to reduce pesticide exposures and improve disclosure of the chemicals used on agricultural fields.

“launched vicious attacks”

As these efforts gained traction, CAS engaged in a “massive public relations disinformation campaign designed to silence community concerns” about the health risks of pesticides, according to Fern Anuenue Holland, a community organizer for Hawaii Alliance for Progressive Action. In the Cornell Daily Sun, Holland described how “paid Cornell Alliance for Science fellows — under the guise of scientific expertise — launched vicious attacks. They used social media and wrote dozens of blog posts condemning impacted community members and other leaders who had the courage to speak up.”

Holland said she and other members of her organization were subjected to “character assassinations, misrepresentations and attacks on personal and professional credibility” by CAS affiliates. “I have personally witnessed families and lifelong friendships torn apart,” she wrote.

Opposing the public’s right to know     

CAS Director Sarah Evanega, PhD, has said her group is independent of industry: “We do not write for industry, and we do not advocate or promote industry-owned products. As our website clearly and fully discloses, we receive no resources from industry.” However, dozens of emails obtained by U.S. Right to Know, now posted in the UCSF chemical industry documents library, show CAS and Evanega coordinating closely with the pesticide industry and its front groups on public relations initiatives. Examples include:

More examples of CAS partnerships with industry groups are described at the bottom of this fact sheet.  

Elevating front groups and unreliable messengers

In its efforts to promote GMOs as a “science-based” solution for agriculture, Cornell Alliance for Science has lent its platform to industry front groups and even a notorious climate science skeptic.

Trevor Butterworth and Sense About Science/STATS: CAS partners with Sense About Science/STATS to offer “statistical consultation for journalists” and gave a fellowship to the group’s director Trevor Butterworth, who built his career defending products important to the chemical, fracking, junk food and drug industries. Butterworth is founding director of Sense About Science USA, which he merged with his former platform, Statistical Assessment Service (STATS).

Journalists have described STATs and Butterworth as key players in chemical and pharmaceutical industry product defense campaigns (see Stat News, Milwaukee Journal Sentinel, The Intercept and The Atlantic).  Monsanto documents identify Sense About Science among the “industry partner” it counted on to defend Roundup against cancer concerns.

Climate science skeptic Owen Paterson: In 2015, CAS hosted Owen Paterson, a British Conservative Party politician and well-known climate science skeptic who slashed funding for global warming mitigation efforts during his stint as UK Environment Minister. Paterson used the Cornell stage to claim that environmental groups raising concerns about GMOs “allow millions to die.” Pesticide industry groups used similar messaging 50 years ago to try to discredit Rachel Carson for raising concerns about DDT.

Lynas and Sense About Science: Lynas of CAS is also affiliated with Sense About Science as a longtime advisory board member. In 2015, Lynas partnered with climate science skeptic Owen Paterson Paterson also Sense About Science Director Tracey Brown to launch what he called the “ecomodernism movement,” a corporate-aligned, anti-regulation strain of “environmentalism.”

Hawaii Alliance for Science messengers

In 2016, CAS launched an affiliate group called the Hawaii Alliance for Science, which said its purpose was to “support evidence-based decision-making and agricultural innovation in the Islands.” Its messengers include:

Sarah Thompson, a former employee of Dow AgroSciences, coordinated the Hawaii Alliance for Science, which described itself as a “communications-based non-profit grassroots organization associated with the Cornell Alliance for Science.” (The website no longer appears active, but the group maintains a Facebook page.)

Social media posts from the Hawaii Alliance for Science and its coordinator Thompson have described critics of the agrichemical industry as arrogant and ignorant people, celebrated corn and soy mono-crops and defended neonicotinoid pesticides which many studies and scientists say are harming bees.

Joan Conrow, Managing Editor of CAS, writes articles on her personal website, her “Kauai Eclectic” blog and for the industry front group Genetic Literacy Project trying to discredit health professionals, community groups and politicians in Hawaii who advocate for stronger pesticide protections, and journalists who write about pesticide concerns. Conrow has accused environmental groups of tax evasion and compared a food safety group to the KKK.

Conrow has not always disclosed her Cornell affiliation. Hawaii’s Civil Beat newspaper criticized Conrow for her lack of transparency and cited her in 2016 as an example of why the paper was changing its commenting policies. Conrow “often argued the pro-GMO perspective without explicitly mentioning her occupation as a GMO sympathist,” wrote journalism professor Brett Oppegaard. “Conrow also has lost her journalistic independence (and credibility) to report fairly about GMO issues, because of the tone of her work on these issues.”

Joni Kamiya, a 2015 CAS Global Leadership Fellow argues against pesticide regulations on her website Hawaii Farmer’s Daughter, in the media and also for the industry front group Genetic Literacy Project. She is an “ambassador expert” for the agrichemical industry-funded marketing website GMO Answers. Like Conrow, Kamiya claims pesticide exposures in Hawaii aren’t a problem, and tries to discredit elected officials and “environmental extremists” who want to regulate pesticides.

Cornell Alliance for Science staffers, advisors

CAS describes itself as “an initiative based at Cornell University, a non-profit institution.” The group does not disclose its budget, expenditures or staff salaries, and Cornell University does not disclose any information about CAS in its tax filings.

The website lists 20 staff members, including Director Sarah Evanega, PhD, and Managing Editor Joan Conrow (it does not list Mark Lynas or other fellows who may also receive compensation). Other notable staff members listed on the website include:

The CAS advisory board includes academics who regularly assist the agrichemical industry with their PR efforts.

Gates Foundation: critiques of agricultural development strategies 

Since 2016, the Gates Foundation has spent over $4 billion on agricultural development strategies, much of that focused on Africa. The foundation’s agricultural development strategies were led by Rob Horsch (recently retired), a Monsanto veteran of 25 years. The strategies have drawn criticism for promoting GMOs and agrichemicals in Africa over the opposition of Africa-based groups and social movements, and despite many concerns and doubts about genetically engineered crops across Africa.

Critiques of the Gates Foundation’s approach to agricultural development and funding include:

More CAS-industry collaborations 

Dozens of emails obtained via FOIA by U.S. Right to Know, and now posted in the UCSF chemical industry documents library, show CAS coordinating closely with the agrichemical industry and its public relations groups to coordinate events and messaging:

More critiques of Mark Lynas 

Bayer inks deals with three Roundup cancer law firms as settlement progresses

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Bayer AG has reached final settlement terms with three major law firms representing thousands of plaintiffs who claim exposure to Monsanto’s glyphosate-based herbicides caused them to develop non-Hodgkin lymphoma.

The new deals have been  made with California-based Baum Hedlund Aristei &  Goldman law firm; the Andrus Wagstaff firm from Colorado; and the Moore Law Group of Kentucky. The firms each filed notification of the deals with the U.S. District Court for the Northern District of California on Monday.

The deals come after allegations by the three law firms that Bayer was reneging on terms of agreements already made months earlier. The firms told the court Monday that they each now have a “fully-executed and binding Master Settlement Agreement with Monsanto.”

Notably, the deals mark a critical step toward bringing closure to the five-year-old mass tort litigation that now tallies more than 100,000 claims brought by people from around the United States who used Roundup and other glyphosate-based herbicides made by Monsanto before they developed cancer.

Bayer bought Monsanto in 2018 just as the first Roundup cancer trial was getting underway. It has since 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 herbicides do cause cancer and that Monsanto spent decades hiding the risks.

The jury awards totaled well over $2 billion, though the judgments have been ordered reduced by trial and appellate court judges.

Bayer had threatened to file for bankruptcy if no nationwide settlement was reached, according to communications from the plaintiffs’ firms to their clients.

Bayer announced in June that it had reached a $10 billion settlement with U.S. law firms to resolve most of more than 100,000 Roundup cancer claims. But at that time only two of the major law firms in the sweeping litigation had final signed agreements with Bayer – The Miller Firm and Weitz & Luxenburg, according to sources close to the negotiations. The Baum firm, the Andrus Wagstaff firm and the Moore firm had memorandums of understanding but not final agreements, sources said.

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. Bayer tried to get court approval for a plan that would have delayed the filing of new Roundup cancer cases for four years, and would have established a five-member “science panel” to determine whether Roundup can cause non-Hodgkin lymphoma, and if so, at what minimum exposure levels.  If the panel determined there was no causal connection between Roundup and non-Hodgkin lymphoma then the class members would be barred from future such claims.

U.S. District Judge Vince Chhabria rejected the plan,  sending Bayer back to the drawing board.

Bayer had said Thursday that it was making progress in the development of a “revised” plan to resolve potential future Roundup litigation. The details of the revised class plan will be finalized over the coming weeks, according to Bayer.

Several plaintiffs have been unhappy with the settlement, saying they will not receive very much money despite years of expensive cancer treatments and ongoing pain and suffering. Indeed, many plaintiffs have died while waiting for a resolution.

On September 9, lawyers for Marie Bernice Dinner and her husband Bruce Dinner filed notice with the court that 73-year-old Marie died on June 2 from the non-Hodgkin lymphoma she and her husband alleged was caused by her exposure to Monsanto’s weed killers.

Lawyers for Bruce Dinner asked the court to allow them to amend the complaint against Monsanto to add a claim for wrongful death. The couple was married 53 years and have two children and four grandchildren.

“Marie Bernice was an extraordinary person.  Her death should have been prevented,” said lawyer Beth Klein, who is representing the family.

Glyphosate in chicken poop used as fertilizer is hurting food production, researchers say

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Scientists brought more bad news to light regarding the widely used herbicide glyphosate, better known as Roundup, in a new research paper published this month.

Researchers from the University of Turku in Finland revealed in a paper published in the journal  Science of The Total Environment that manure from poultry used as fertilizer can decrease crop yields when the manure contains residues of glyphosate-based herbicides, such as Roundup. Fertilizers are meant to increase crop production, so the evidence that glyphosate residues can have the opposite effect is significant.

Poultry litter, as the manure is called, is often used as a fertilizer, including in organic agriculture, because it is considered rich in essential nutrients. Use of the poultry litter as fertilizer has been growing both in farming and in horticulture and home gardens.

While use is growing, the “possible risks associated with the accumulation of agrochemicals in poultry manure are still largely ignored,” the Finland researchers warned.

Organic farmers have been growing increasingly worried about traces of glyphosate in manure fertilizer that is allowed in organic production, but many in the industry are reluctant to publicize the issue.

Farmers spray glyphosate directly onto a number of crops grown around the world, including soybeans, corn, cotton, canola and other crops genetically engineered to withstand glyphosate treatments. They also often directly spray such crops as wheat and oats, which are not genetically engineered – shortly before harvest to dry the crops out.

Given the amount of glyphosate-based herbicides used to treat crops that are used in animal feed, as well as the amount of manure used as fertilizer, “we should definitely be aware that this kind of a risk exists,” said one of the authors of study, Anne Muola.

“Nobody seems very eager to talk too loudly about it.” Muola noted.

The heavy use of glyphosate herbicides directly onto food crops has been promoted by Monsanto – now a unit of Bayer AG – since the 1990s, and glyphosate use is so ubiquitous that residues are commonly found in food, water and even air samples.

Because there are glyphosate residues in human and animal food, detectable glyphosate levels are commonly found in human urine and animal manure.

These glyphosate residues in fertilizer are a problem for growers for many reasons, according to the Finland researchers.

“We found that poultry manure can accumulate high residues of (glyphosate-based herbicides), decrease plant growth and reproduction, and thus inhibit the growth-promoting effects of manure when applied as fertilizer,” the paper states. “These results demonstrate that the residues pass through the digestive process of birds, and more importantly, they persist in the manure fertilizer over long periods.”

The researchers said the glyphosate residues can persist in ecological systems, affecting several non-target organisms over many years.

The consequences, they said, include decreased efficiency of manure as fertilizer; long-lasting glyphosate-based herbicide contamination of agricultural cycles; “uncontrolled” glyphosate contamination of non-target areas; increased threat to “vulnerable non-target organisms,” and an increased risk of emerging resistances to glyphosate.

The researchers said more studies should be done to reveal the extent of glyphosate contamination in organic fertilizers and how that impacts sustainability.

The Finland research adds to evidence of the dangers of glyphosate residues in fertilizer, according to agricultural experts.

“The impacts of glyphosate residue that have accumulated in poultry excrements is a largely overlooked area of research,”  said Rodale Institute soil scientist, Dr. Yichao Rui. “But what research does exist has shown that those residues can have a negative effect on crops, if poultry manure was used as a fertilizer. Glyphosate residues in fertilizers have been shown to have negative effects on plants, soil microbiomes, and microbes associated with plants and animals including humans through the food chain. When this contamination is unintentionally spread through fertilizer, it places a severe strain on biodiversity and ecosystem functions and services.”

Worldwide 9.4 million tons of glyphosate have been sprayed on fields – enough to spray nearly half a pound of Roundup on every cultivated acre of land in the world.

In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans” after reviewing years of published and peer-reviewed scientific studies. The team of international scientists found there was a particular association between glyphosate and non-Hodgkin lymphoma.

Tens of thousands of people in the United States suffering from non-Hodgkin lymphoma have sued Monsanto, and in three trials held to date, juries have found that the company’s glyphosate herbicides were to blame for causing the cancers.

Additionally, an assortment of animal studies released this summer indicate that glyphosate exposures impact reproductive organs and could threaten fertility, adding fresh evidence that the weed killing agent might be an endocrine disruptor. Endocrine disrupting chemicals 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.

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

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The Council for Biotechnology Information (CBI) was a public relations campaign launched in April 2000 by seven leading chemical/seed companies and their trade groups to persuade the public to accept genetically engineered foods. The initiative was created in response to public concerns about the health and environmental risks of genetically engineered foods, and said its focus would be developing alliances across the food chain to promote GMO crops (“ag biotech”) as beneficial.

CBI closed shop in 2019 and shifted its assets — including the marketing campaign GMO Answers, run by Ketchum PR firm — over to CropLife International, the international trade group for pesticide companies.

See: Key pesticide industry propaganda group CBI closes; GMO Answers moves to CropLife, USRTK (2020)

CBI tax form: focused on third parties

CBI spent over $28 million from 2014-2019, according to tax records (see 2014, 2015, 2016, 2017, 2018) on projects promoting genetically engineered foods. As noted in its 2015 tax form, CBI had an explicit focus on developing and training third-party spokespeople – particularly academics, farmers and dieticians – to promote industry views about the benefits of GMOs.

Projects funded by CBI included GMO Answers (via Ketchum public relations firm); Academics Review, a group that claimed to be independent of industry; Biotech Literacy Project boot camps held at top universities (via Academics Review) and the Global Farmer Network.

GMO Answers/Ketchum

GMO Answers is a marketing website and public relations campaign that uses the voices of academics and others to promote genetically engineered foods and pesticides. CBI spent $14.4 million on Ketchum public relations firm between 2014-2019 to run the PR salvo, according to tax forms.

GMO Answers discloses its industry funding on its website and says it promotes the views of independent experts. However, examples have come to light that Ketchum PR scripted some of the GMO answers offered by “independent experts” (see coverage in New York Times and Forbes). GMO Answers also appears in Monsanto PR documents as partners in industry’s efforts to defend glyphosate-based Roundup herbicides from cancer concerns, and to try to discredit a public interest research investigation by U.S. Right to Know to uncover hidden ties between pesticide companies and academics who promote agrichemical products.

An an example of how GMO Answers builds influence with key reporters, see reporting in Huffington Post about how Ketchum cultivated ties with Washington Post columnist Tamar Haspel. Haspel was an early promoter of GMO Answers, and later participated in CBI-funded Biotech Literacy Project messaging events. A source review of Haspel’s columns conducted by USRTK found several examples of undisclosed industry sources and misleading information in her articles about pesticides.

GMO Answers was recognized as a successful spin effort in 2014 when it was shortlisted for a CLIO advertising award in the category of “Public Relations: Crisis Management & Issue Management.” In a video produced for the award, Ketchum bragged that GMO Answers “nearly doubled positive media coverage of GMOs,” and noted they “closely monitor the conversation” on Twitter where they “successfully balanced 80% of interactions with detractors.” The video was removed after U.S. Right to Know called attention to it, but we saved it here.

Related reporting:

Monsanto document released in 2019

When USRTK submitted FOIAs to investigate industry ties with academics, Monsanto fought back.

Academics Review

CBI provided $650,000 in funding to Academics Review, a nonprofit that claimed it received no corporate funding. The group was co-founded by Bruce Chassy, PhD, professor emeritus at the University of Illinois at Urbana-Champaign, and David Tribe, PhD, senior lecturer at the University of Melbourne.

Documents obtained by U.S. Right to Know revealed Academics Review was set up explicitly as a front group with the help of Monsanto executives and the company’s former director of communications Jay Byrne. The group discussed using Academics Review as a vehicle to discredit critics of GMOs and agrichemicals, finding corporate contributions and hiding Monsanto’s fingerprints.

Related reporting: Monsanto Fingerprints Found All Over Attack on Organic Food, by Stacy Malkan, Huffington Post (2017)

Biotech Literacy Project spin events

CBI spent over $300,000 on two “Biotech Literacy Project boot camps” held at the University of Florida in 2014 and the University of California, Davis in 2015, according to tax records. The money was routed through Academics Review, which co-organized the conferences with the Genetic Literacy Project, another group that helps Monsanto with PR projects while claiming to be independent.

The three-day boot camp events trained students, scientists and journalists in communication and lobbying techniques to  promote and defend GMOs and pesticides, and had explicit political aims to stave off GMO labeling in the U.S.

Related reporting:  Flacking for GMOs: How the biotech industry cultivates positive media – and discourages criticism, by Paul Thacker, The Progressive (2017)

Monsanto ‘partner’ groups defend Roundup 

Although GMO Answers, Academics Review and Genetic Literacy Project all claimed to be independent of the influence of industry, all three groups appeared in a Monsanto PR documents as “industry partners” the company engaged in its efforts to defend glyphosate-based Roundup herbicides from cancer concerns.

Monsanto PR document discusses plans to defend Roundup from cancer concerns

Kids’ coloring book

CBI also produced a children’s coloring and activity book to promote GMOs. The link for the book, and also the WhyBiotech.com website created by CBI, now redirect to a trade group for manufacturers and distributors of hemp-derived cannabinoids.

Related U.S. Right to Know posts

GMO Answers is a crisis management PR tool for GMOs and pesticides (updated 2020)

Key pesticide industry propaganda group CBI closes; GMO Answers moves to CropLife (2020)

Monsanto’s campaign against U.S. Right to Know (2019)

Monsanto relied on these ‘partners’ to attack top cancer scientists (2019)

Academics Review: The Making of a Monsanto Front Group (2018)

Jon Entine’s Genetic Literacy Project: PR Messengers for Monsanto, Bayer and the Chemical Industry (2018)

How Tamar Haspel misleads readers of the Washington Post and source review of Haspel’s pesticide columns (2018)

Russia’s former PR firm Ketchum runs the chemical industry’s PR salvo on GMO (2015)

GMO Answers is a Marketing and PR Campaign for Pesticide Companies

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Updates:

ketchum gmo answers

GMO Answers is billed as a forum where consumers can get straight answers from independent experts about genetically engineered foods, and some journalists take it seriously as an unbiased source. But the website is a straight-up industry marketing tool to spin GMOs in a positive light.

Evidence that GMO Answers is a crisis-management propaganda tool that lacks credibility.

GMO Answers was created as a vehicle to sway public opinion in favor of GMOs. Soon after Monsanto and its allies beat back the 2012 ballot initiative to label GMOs in California, Monsanto announced plans to launch a new public relations campaign to reshape the reputation of GMOs. They hired the public relations firm FleishmanHillard (owned by Omnicom) for a seven-figure campaign.

As part of the effort, the PR firm Ketchum (also owned by Omnicom) was hired by the Council for Biotechnology Information – funded by Monsanto, BASF, Bayer, Dow, Dupont and Syngenta – to create GMOAnswers.com. The site promised to clear up confusion and dispel mistrust about GMOs using the unedited voices of so-called “independent experts.”

But how independent are those experts?

The website hews to carefully crafted talking points that tell a positive story about GMOs while downplaying or ignoring the health and environmental risks. For example, when asked if GMOs are driving up the use of pesticides, the site offers a convoluted no, despite peer-reviewed data showing that, yes, in fact, they are.

“Roundup Ready” GMO crops have increased use of glyphosate, a probable human carcinogen, by hundreds of millions of pounds. A new GMO/pesticide scheme involving dicamba has led to the destruction of soybean crops across the U.S., and the FDA is bracing this year for triple the use of 2,4-D, an older toxic herbicide, due to new GMO crops that are engineered to resist it. All of this is nothing to worry about, according to GMO Answers.

Questions about safety are answered with false statements such as “every leading health organization in the world stands behind the safety of GMOs.” We found no mention of the statement signed by 300 scientists, physicians and academics who say there is “no scientific consensus on GMO safety,” and we received no answers to questions we posted about the statement.

Examples have since come to light that Ketchum PR scripted some of the GMO answers that were signed by “independent experts.”

Shortlisted for crisis management PR award

As further evidence the site is a spin vehicle: In 2014, GMO Answers was shortlisted for a CLIO advertising award in the category of “Public Relations: Crisis Management & Issue Management.”

And the PR firm that created GMO Answers boasted about its influence on journalists. In a video posted to the CLIO website, Ketchum bragged that GMO Answers “nearly doubled positive media coverage of GMOs.” The video was removed after U.S. Right to Know called attention to it, but we saved it here.

Why reporters would trust a marketing vehicle designed by Ketchum as a reliable source is difficult to understand. Ketchum, which until 2016 was the PR firm for Russia, has been implicated in espionage efforts against nonprofits concerned about GMOs. Not exactly a history that lends itself to dispelling mistrust.

Given that GMO Answers is a marketing tool created and funded by companies that sell GMOs, we think it’s fair game to ask: Are the “independent experts” who lend credibility to the website – several of whom work for public universities and are paid by taxpayers – truly independent and working in the public interest? Or are they working in league with corporations and public relations firms to help sell the public a spin story?

In search of these answers, U.S. Right to Know submitted Freedom of Information Act requests seeking the correspondence of publicly funded professors who write for GMOAnswers.com or worked on other GMO promotion efforts. The FOIA’s are narrow requests that cover no personal or academic information, but rather seek to understand the connections between the professors, the agrichemical companies that sell GMOs, their trade associations and the PR and lobbying firms that have been hired to promote GMOs and fight labeling so we’re kept in the dark about what we’re eating.

Follow the results of the U.S. Right to Know investigation here.

See our Pesticide Industry Propaganda Tracker for more information about key players in chemical industry public relations efforts.

You can help expand the Right to Know investigations by making a tax-deductible donation today

Dying man asks California Supreme Court to restore jury award in Monsanto Roundup case

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The school groundskeeper who won the first-ever trial over allegations that Monsanto’s Roundup causes cancer is asking the California Supreme Court to restore $250 million in punitive damages awarded by the jury who heard his case but then slashed by an appeals court to $20.5 million.

Notably, the appeal by plaintiff Dewayne “Lee” Johnson has larger implications than his own individual case. Johnson’s lawyer are urging the court to address a legal twist that can leave people such as Johnson who are facing death in the near term with lower damage awards than others expected to live many years in suffering and pain.

“It is long past time for California courts to recognize, as other courts do, that life itself has value and that those who maliciously deprive a plaintiff of years of life should be made to fully compensate that plaintiff and be punished accordingly,” Johnson’s attorneys wrote in their request for the state supreme court review. “The jury ascribed meaningful value to Mr. Johnson’s life, and for that he is grateful. He asks this Court to respect the jury’s decision and restore that value. ”

A unanimous jury found in August 2018 that exposure to Monsanto’s glyphosate-based herbicides, known best by the brand name Roundup, caused Johnson to develop non-Hodgkin lymphoma. The jury further found that Monsanto acted to hide the risks of its products in conduct so egregious that the company should pay Johnson $250 million in punitive damages on top of $39 million in past and future compensatory damages.

Upon appeal from Monsanto, which was purchased by the German company Bayer AG in 2018, the trial judge reduced the $289 million to $78 million. Monsanto appealed seeking either a new trial or a reduced award. Johnson cross-appealed seeking reinstatement of his full damage award.

The appeals court in the case then cut the award to $20.5 million, citing the fact that Johnson was expected to live only a short time.

The appeals court reduced the damages award despite finding there was “abundant” evidence that glyphosate, together with the other ingredients in Roundup products, caused Johnson’s cancer and that “there was overwhelming evidence that Johnson has suffered, and will continue to suffer for the rest of his life, significant pain and suffering.”

The Johnson trial was covered by media outlets around the world and put a spotlight on Monsanto’s efforts to manipulate the scientific record on glyphosate and Roundup and its efforts to quiet critics and influence regulators.  Lawyers for Johnson presented jurors with internal company emails and other records showing Monsanto scientists discussing ghostwriting scientific papers to try to shore up support for the safety of the company’s products, along with communications detailing plans to discredit critics, and to quash a government evaluation of the toxicity of glyphosate, the key chemical in Monsanto’s products.

Johnson’s trial victory spurred a frenzied filing of tens of thousands of additional lawsuits. Monsanto lost three out of three trials before agreeing this June to pay more than $10 billion to settle close to 100,000 such claims.

The settlement is still in flux, however, as Bayer wrestles with how to forestall future litigation.

In an interview, Johnson said he knew the legal battle with Monsanto could continue for many more years but he was committed to trying to hold the company accountable. He has managed to keep his illness in check so far with regular chemotherapy and radiation treatments, but is not certain how long that will continue.

“I don’t think any amount would be enough to punish that company,” Johnson said.

Appeals court denies Monsanto bid for Roundup case rehearing

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A California appeals court on Tuesday rejected Monsanto’s effort to trim $4 million from the amount of money it owes a California groundskeeper who is struggling to survive cancer that a jury found was caused by the man’s exposure to Monsanto’s Roundup herbicides.

The Court of Appeal for the First Appellate District of California also rejected the company’s request for a rehearing of the matter.  The court’s decision followed its ruling last month slamming Monsanto  for its denial of the strength of the evidence that its glyphosate-based weed killers cause cancer. In that July ruling, the court said that plaintiff Dewayne “Lee” Johnson had presented “abundant” evidence that Monsanto’s weed killer caused his cancer.  “Expert after expert provided evidence both that Roundup products are capable of causing non-Hodgkin’s lymphoma…  and caused Johnson’s cancer in particular,” the appeals court stated in its July decision.

In that decision from last month, the appeals court did, however, cut the damage award owed to Johnson, ordering Monsanto to pay $20.5 million, down from $78 million ordered by the trial judge and down from $289 million ordered by the jury who decided Johnson’s case in August 2018.

In addition to the $20.5 million Monsanto owes Johnson, the company is ordered to pay $519,000 in costs.

Monsanto, which was bought by Bayer AG in 2018, had urged the court to cut the award to Johnson to $16.5 million.

Dicamba decision also stands

Tuesday’s court decision followed a decision issued Monday by the U.S. Court of Appeals for the Ninth Circuit denying a rehearing of the court’s June decision to vacate the approval of the dicamba-based weed killing product Bayer inherited from Monsanto. That June ruling also effectively banned dicamba-based herbicides made by BASF and Corteva Agriscience.

The companies had petitioned for a broader group of judges from the Ninth Circuit judges to rehear the case, arguing that the decision to revoke regulatory approvals for the products was unfair. But the court flatly rejected that rehearing request.

In its June decision, the Ninth Circuit said the Environmental Protection Agency (EPA) had violated the law when it approved the dicamba products developed by Monsanto/Bayer, BASF and Corteva.

The court ordered an immediate ban on use of each of the company’s dicamba products, finding that the EPA “substantially understated the risks” of the dicamba herbicides and “failed entirely to acknowledge other risks.”

The court decision banning the company’s dicamba products triggered an uproar in farm country because many soybean and cotton farmers planted millions of acres of genetically altered dicamba-tolerant crops developed by Monsanto with the intent of treating weeds in those fields with the dicamba herbicides made by the three companies. Similar to “Roundup Ready” glyphosate-tolerant crops, the dicamba-tolerant crops allow farmers to spray dicamba over their fields tyo kill weeds without harming their crops.

When Monsanto, BASF and DuPont/Corteva rolled out their dicamba herbicides a few years ago they  claimed the products would not volatize and drift into neighboring fields as older versions of dicamba weed killing products were known to do. But those assurances proved false amid widespread complaints of dicamba drift damage.

More than one million acres of crops not genetically engineered to tolerate dicamba were reported damaged last year in 18 states, the federal court noted in its June ruling.