Sparks to Fly in Closing Arguments at Third Roundup Cancer Trial

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After two costly courtroom losses, lawyers for Monsanto and its German owner Bayer AG on Wednesday were set to make closing arguments in what is the third trial brought by people who blame their cancers on use of Monsanto’s Roundup and other glyphosate-based weed killer brands.

Plaintiffs Alva and Alberta Pilliod, a married couple in their 70s who both have non-Hodgkin lymphoma, claim that Monsanto should be held liable for their illnesses because scientific evidence shows Monsanto’s herbicides can cause cancer and because Monsanto failed to properly warn of the risks.

While Monsanto has maintained that the weight of scientific evidence shows no causal connection between non-Hodgkin lymphoma and its glyphosate herbicides, lawyers for the Pilliods presented scientific evidence during the trial that does show a cancer link. Moreover, the plaintiffs’ attorneys showed jurors a trove of internal Monsanto communications and other records that they said displayed the company’s manipulation of scientific literature, including ghostwriting several papers published in scientific journals. Also among the evidence were records showing Monsanto efforts to influence regulatory agencies, to plant helpful stories in the global news outlet Reuters, and to discredit scientists who determined the company’s products were potentially carcinogenic.

Closing arguments are expected to take most or all of the day and tensions on both sides are high.

On Tuesday, Monsanto filed a motion seeking to head off what it said were likely to be “improper” closing arguments by the lawyers representing the Pilliods. They singled out attorneys Brent Wisner and Michael Baum for criticism, citing various actions.

“Monsanto has a real concern that counsel’s closing argument in this case will be replete with misconduct,” the motion states.

In the motion, Monsanto attorneys said that the Pilliod lawyers “already turned this trial into a circus on multiple occasions,” including by twice putting on gloves before handling a Roundup bottle that contained only water.

In addition, the lawyers “paraded around celebrities and anti-Monsanto advocates Neil Young and Daryl Hannah… engaging in photo-ops right outside the jury room in a clearly improper attempt to influence the jury.”

“If any members of the jury were to perform a simple Google search for Mr. Young or Ms. Hannah, they would quickly learn of their strong anti-Monsanto sentiment,” Monsanto said in its filing, pointing out that four years ago Young produced an album critical of the company called “The Monsanto Years.”

In addition, Monsanto said, “Ms. Hannah’s Twitter account contains numerous tweets about the Roundup trials, including one where she specifically wrote about her experience in court during this trial: “Well that was a trip! – of course I know these skeevy corporate cronies manipulate & lie – but to see it right in front of your eyes is soooo depressing & creepy.”’

Monsanto also said that Wisner’s characterization of the case as “historic” should not be allowed again. Similarly, none of the plaintiffs’ lawyers should be allowed to suggest that the verdict will “change the world or have any effect outside of this case,” Monsanto argued.

The tiny courtroom in Oakland, California is expected to be packed. Dewayne “Lee” Johnson, who won the first trial against Monsanto last summer, is expected to be in attendance, as is Edwin Hardeman, who won the second trial.

Like the two previous trials, internal Monsanto records have provided some drama. On Tuesday, internal communications from last summer were made available by the court indicating clear  White House support for Monsanto. In a report attached to a July 2018 email to Monsanto global strategy official Todd Rands, the strategic intelligence and advisory firm Hakluyt  reported to Monsanto the following:

“A domestic policy adviser at the White House said, for instance: ‘We have Monsanto’s back on pesticides regulation. We are prepared to go toe-to-toe on any disputes they may have with, for example, the EU. Monsanto need not fear any additional regulation from this administration.”

New Monsanto documents expose cozy connection to Reuters reporter

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We knew from previously released documents that Reuters reporter Kate Kelland was a key connection for Monsanto in its endeavor to undermine and discredit the World Health Organization’s International Agency for Research on Cancer (IARC) scientists who classified glyphosate as a probable carcinogen in 2015. Now we have additional evidence of the coziness of the connection.

Not only did Kelland write a 2017 story that Monsanto asked her to write in exactly the way Monsanto executive Sam Murphey asked her to write it, (without disclosing to readers that Monsanto was the source,) but now we see evidence that a draft of a separate story Kelland did about glyphosate was delivered to Monsanto  before it was published, a practice typically frowned on by news outlets.

The emails shows the story written by Kelland was emailed to Murphey with the subject line “My draft, Confidential.”

The story, headlined “New study on Monsanto weed killer to feed into crucial EU vote,” was about preliminary findings of an unpublished study by an Italian scientist showing that experimental rats exposed to glyphosate at levels equivalent to those allowed in humans showed no initial adverse reaction. The final version was published on April 13, 2017.

And another newly released email details how Monsanto’s fingerprints were on at least two other Kelland stories. The March 1, 2016 email speaks of the involvement of Monsanto’s “Red Flag” campaign  in an already published Reuters story that was critical of  IARC and the desire to influence a second similar story Reuters was planning.  Red Flag is a Dublin-based PR and lobbying firm that works to defend glyphosate safety and promote pro-glyphosate messaging via third parties such as farmer groups.

According to the partly redacted email, “following engagement by Red Flag a number of months ago, the first piece was quite critical of IARC.”  The email goes on: “You may also be aware that Red Flag is in touch with Reuters regarding the second report in the series…”

A little over a month later, Reuters published Kelland’s story headlined “Special Report: How the World Health Organization’s cancer agency confuses consumers.” 

Those revelations follow the disclosure earlier this year of email correspondence detailing how Kelland helped Monsanto drive a false narrative about cancer scientist Aaron Blair in his role as head of the IARC working group that classified glyphosate as a probable carcinogen.  Internal Monsanto correspondence dated April 27, 2017 shows that Monsanto executive Sam Murphey sent the company’s desired narrative to Kelland with a slide deck of talking points and portions of the Blair deposition that was not filed in court.

On June 14, 2017, Kelland authored a controversial story based on what she said were “court documents,” that in reality were documents fed to her by Murphey. Because the documents Kelland cited were not really filed in court they were not publicly available for easy fact-checking by readers. By  falsely attributing the information as based on court documents she avoided disclosing Monsanto’s role in driving the story.

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

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

The story was picked up by media outlets around the world, and promoted by Monsanto and chemical industry allies. Google advertisements were even purchased promoting the story. This story was also used by Monsanto to attack IARC on multiple fronts, including an effort by Monsanto to get Congress to strip funding from IARC.

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

Reuters editor Mike Williams has defended Kelland’s work and declined to issue a clarification or correction on the Aaron Blair piece. He said “It was a great piece, and I stand by it fully.” Reuters “ethics editor” Alix Freedman also supports Kelland’s Blair story, despite the evidence of Monsanto’s involvement and the lack of disclosure of that involvement to readers. “We are proud of it and stand behind it,” Freedman said in an email.

On a personal note, I spent 17 years as a reporter at Reuters covering Monsanto and I am horrified at this violation of journalistic standards. It is particularly noteworthy that Alix Freedman is the same person who told me I was not allowed to write about many independent scientific studies of Monsanto’s glyphosate that were showing harmful impacts .

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

For more background on this topic, see this article.

 

Monsanto Relied on These “Partners” to Attack Top Cancer Scientists

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Related: Secret Documents Expose Monsanto’s War on Cancer Scientists, by Stacy Malkan

This fact sheet describes the contents of Monsanto’s confidential public relations plan to discredit the World Health Organization’s cancer research unit, the International Agency for Research on Cancer (IARC), in order to protect the reputation of Roundup weedkiller. In March 2015, the international group of experts on the IARC panel judged glyphosate, the key ingredient in Roundup, to be probably carcinogenic to humans.

The Monsanto plan names more than a dozen “industry partner” groups that company executives planned to “inform / inoculate / engage” in their efforts to protect the reputation of Roundup, prevent the “unfounded” cancer claims from becoming popular opinion, and “provide cover for regulatory agencies.” Partners included academics as well as chemical and food industry front groups, trade groups and lobby groups — follow the links below to fact sheets that provide more information about the partner groups.

Together these fact sheets provide a sense of the depth and breadth of the corporate attack on the IARC cancer experts in defense of Monsanto’s top-selling herbicide.

Monsanto’s objectives for dealing with the IARC carcinogenicity rating for glyphosate (page 5).

Background

A key document released in 2017 in legal proceedings against Monsanto describes the corporation’s “preparedness and engagement plan” for the IARC cancer classification for glyphosate, the world’s most widely used agrichemical. The internal Monsanto document — dated Feb. 23, 2015 — assigns more than 20 Monsanto staffers to objectives including “neutralize impact of decision,” “regulator outreach,” “ensure MON POV” and “lead voice in ‘who is IARC’ plus 2B outrage.” On March 20, 2015, IARC announced its decision to classify glyphosate as Group 2A carcinogen, “probably carcinogenic to humans.”

For more background, see: “How Monsanto Manufactured Outrage at Chemical Cancer Classification it Expected,” by Carey Gillam, Huffington Post (9/19/2017)

Monsanto’s Tier 1-4 “Industry Partners”

Page 5 of the Monsanto document identifies four tiers of “industry partners” that Monsanto executives planned to engage in its IARC preparedness plan. These groups together have a broad reach and influence in pushing a narrative about cancer risk that protects corporate profits.

Tier 1 industry partners are agrichemical industry-funded lobby and PR groups.

Tier 2 industry partners are front groups that are often cited as independent sources, but work with the chemical industry behind the scenes on public relations and lobbying campaigns.

Tier 3 industry partners are food-industry funded nonprofit and trade groups. These groups were tapped to, “Alert food companies via Stakeholder Engagement team (IFIC, GMA, CFI) for ‘inoculation strategy’ to provide early education on glyphosate residue levels, describe science-based studies versus agenda-driven hypotheses” of the independent cancer panel.

Tier 4 industry partners are “key grower’s associations.” These are the various trade groups representing corn, soy and other industrial growers and food manufacturers.

Orchestrating outcry against the cancer report on glyphosate

Monsanto’s PR document described their plans to conduct robust media and social media outreach to “orchestrate outcry with the IARC decision.”

How that played out can be seen in the writings of the industry partner groups that used common messaging and sources to accuse the cancer research agency of wrongdoing and attempt to discredit the scientists who worked on the glyphosate report.

Examples of the attack messaging can be seen on the Genetic Literacy Project website. This group claims to be an independent source on science, however, documents obtained by U.S. Right to Know show that Genetic Literacy Project works with Monsanto on PR projects without disclosing those collaborations. Jon Entine launched the group in 2011 when Monsanto was a client of his PR firm. This is a classic front group tactic; moving a company’s messaging through a group that claims to be independent but isn’t.

Plan suggests Sense About Science to “lead industry response”

Monsanto’s PR document discusses plans to conduct robust media and social media outreach to “orchestrate outcry with the IARC decision.” The plan suggests the group Sense About Science (in brackets with a question mark) for “leads industry response and provides platform for IARC observers and industry spokesperson.”

Sense About Science is a public charity based in London that claims to promote public understanding of science, but the group is “known to take positions that buck scientific consensus or dismiss emerging evidence of harm,” reported Liza Gross in The Intercept. In 2014, Sense About Science launched a US version under the direction of  Trevor Butterworth, a writer with a long history of disagreeing with science that raises health concerns about toxic chemicals.

Sense About Science is related to the Science Media Centre, a science PR agency in London that receives corporate funding and is known for pushing corporate views of science. A reporter with close ties to the Science Media Centre, Kate Kelland, has published several articles in Reuters critical of the IARC cancer agency that were based on false narratives and inaccurate incomplete reporting. The Reuters articles have been heavily promoted by Monsanto’s “industry partner” groups and were used as the basis for political attacks against IARC.

For more information:

  • “IARC rejects false claims in Reuters article,” IARC statement (3/1/18)
  • Reuters’ Aaron Blair IARC story promotes false narrative, USRTK (7/24/2017)
  • Reuters’ claim that IARC “edited out” findings is also false, USRTK (10/20/2017)
  • “Are corporate ties influencing science coverage?” Fairness and Accuracy in Reporting (7/24/2017)

“Engage Henry Miller”

Page 2 of the Monsanto PR document identifies the first external deliverable for planning and preparation: “Engage Henry Miller” to “inoculate / establish public perspective on IARC and reviews.”

“I would if I could start with a high-quality draft.”

Henry I. Miller, MD, a fellow at the Hoover Institution and founding director of the FDA’s Office of Biotechnology, has a long documented history of working with corporations to defend hazardous products. The Monsanto plan identifies the “MON owner” of the task as Eric Sachs, Monsanto’s science, technology and outreach lead.

Documents later reported by The New York Times reveal that Sachs emailed Miller a week before the IARC glyphosate report to ask if Miller was interested in writing about the “controversial decision.” Miller responded, “I would if I could start with a high-quality draft.” On March 23, Miller posted an article on Forbes that “largely mirrored” the draft provided by Monsanto, according to the Times. Forbes severed its relationship with Miller in the wake of the ghostwriting scandal and deleted his articles from the site.

American Council on Science and Health 

Although the Monsanto PR document did not name the corporate-funded American Council on Science and Health (ACSH) among its “industry partners,” emails released via litigation show that Monsanto funded the American Council on Science and Health and asked the group to write about the IARC glyphosate report.  The emails indicate that Monsanto executives were uncomfortable about working with ACSH but did so anyway because, “we don’t have a lot of supporters and can’t afford to lose the few we have.”

Monsanto’s senior science lead Daniel Goldstein wrote his colleagues, “I can assure you I am not all starry eyed about ACSH- they have PLENTY of warts- but: You WILL NOT GET A BETTER VALUE FOR YOUR DOLLAR than ACSH” (emphasis his). Goldstein sent links to dozens of ACSH materials promoting and defending GMOs and pesticides that he described as “EXTREMELY USEFUL.”

See also: Tracking the Agrichemical Industry Propaganda Network 

Follow the findings of U.S. Right to Know and media coverage about collaborations between food industry groups and academics on our investigations page. USRTK documents are also available in the Chemical Industry Documents Library hosted by UCSF.

Who Is Paying for Monsanto’s Crimes? We Are

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This article was originally published in The Guardian.

By Carey Gillam

The chickens are coming home to roost, as they say in farm country.

For the second time in less than eight months a US jury has found that decades of scientific evidence demonstrates a clear cancer connection to Monsanto’s line of top-selling Roundup herbicides, which are used widely by consumers and farmers. Twice now jurors have additionally determined that the company’s own internal records show Monsanto has intentionally manipulated the public record to hide the cancer risks. Both juries found punitive damages were warranted because the company’s cover-up of cancer risks was so egregious.

The juries saw evidence that Monsanto has ghost-written scientific papers, tried to silence scientists, scuttled independent government testing and cozied up to regulators for favorable safety reviews of glyphosate, the active ingredient in Roundup.

Even the US district judge Vince Chhabria, who oversaw the San Francisco trial that concluded Wednesday with an $80.2m damage award, had harsh words for Monsanto. Chhabria said there were “large swaths of evidence” showing that the company’s herbicides could cause cancer. He also said there was “a great deal of evidence that Monsanto has not taken a responsible, objective approach to the safety of its product … and does not particularly care whether its product is in fact giving people cancer, focusing instead on manipulating public opinion and undermining anyone who raises genuine and legitimate concerns about the issue.”

Monsanto’s new owner, the German pharmaceutical company Bayer, asserts that the juries and judges are wrong; the evidence of a cancer risk is invalid; the evidence of bad corporate conduct is misunderstood and out of context; and that the company will ultimately prevail.

Meanwhile, Monsanto critics are celebrating the wins and counting on more as a third trial got underway this week and 11,000 additional plaintiffs await their turn. As well, a growing number of communities and businesses are backing away from use of Monsanto’s herbicides. And investors are punishing Bayer, pushing share prices to a seven-year low on Thursday.

Susquehanna Financial Group analyst Tom Claps has warned shareholders to brace for a global settlement of between $2.5bn and $4.5bn.

“We don’t believe [Monsanto] will lose every single trial, but we do believe that they could lose a significant majority,” he told the Guardian.

Following the recent courtroom victories, some have cheered the notion that Monsanto is finally being made to pay for alleged wrongdoing. But by selling to Bayer last summer for $63bn just before the Roundup cancer lawsuits started going to trial, Monsanto executives were able to walk away from the legal mess with riches. The Monsanto chairman Hugh Grant’s exit package allowed him to pocket $32m, for instance.

Amid the uproar of the courtroom scuffles, a larger issue looms: Monsanto’s push to make use of glyphosate herbicides so pervasive that traces are commonly found in our food and even our bodily fluids, is just one example of how several corporate giants are creating lasting human health and environmental woes around the world. Monsanto and its brethren have targeted farmers in particular as a critical market for their herbicides, fungicides and insecticides, and now many farmers around the world believe they cannot farm without them.

Studies show that along with promoting illness and disease in people, these pesticides pushed by Bayer and Monsanto, DowDuPont and other corporate players, are endangering wildlife, soil health, water quality and the long-term sustainability of food production. Yet regulators have allowed these corporations to combine forces, making them ever more powerful and more able to direct public policies that favor their interests.

The Massachusetts senator Elizabeth Warren this week called for taking back some of that power. She announced on Wednesday a plan to break up big agribusinesses and work against the type of corporate capture of Washington we have seen in recent years.

It’s a solid step in the right direction. But it cannot undo the suffering of cancer victims, nor easily transform a deeply contaminated landscape to create a healthier future and unleash us from the chains of a pesticide-dependent agricultural system.

And while Bayer may dole out a few billion dollars in damages, who is really being made to pay?

We all are.

Newsweek Gets Ad Money from Bayer, Prints Op-Eds That Help Bayer

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Newsweek failed to disclose the chemical industry connections of two opinion writers who argued today in an op-ed that glyphosate can’t be regulated. The commentary by Henry I. Miller and Stuart Smyth, both of whom have ties to Monsanto that were not disclosed in the piece, appeared soon after a federal jury handed cancer victim Edwin Hardeman an $80 million verdict against Monsanto (now Bayer), and said the company’s glyphosate-based Roundup herbicide was a “substantial factor” in causing Hardeman’s cancer.

Last year, we complained to Newsweek’s opinion editor about an op-ed Dr. Miller wrote attacking the organic industry that was based on pesticide industry sources and didn’t disclose Miller’s Monsanto ties. See our bizarre email exchange with the editor, Nicholas Wapshott, in which he declined to inform readers about the conflicts of interest. Wapshott is no longer at Newsweek, but Miller’s organic food attack still appears there, and today it was surrounded by Bayer advertisements promoting glyphosate.

Bayer ads surrounding Dr. Miller’s 2018 attack on organic food – March 28, 2019

Today’s op-ed in Newsweek, in which Miller and Smyth defended Monsanto and Roundup, provided these bios: Stuart J. Smyth is a professor in the Department of Agricultural and Resource Economics and holds the Industry Funded Research Chair in Agri-Food Innovation at the University of Saskatchewan. Henry I. Miller, a physician and molecular biologist, is a Senior Fellow at the Pacific Research Institute. He was the founding director of the Office of Biotechnology at the U.S. Food & Drug Administration.

Here’s what Newsweek did not disclose to its readers about the authors:

Henry Miller’s Monsanto ties:

Stuart Smyth’s Monsanto ties:

  • Dr. Smyth also collaborates with the agrichemical industry on PR projects, according to emails obtained by U.S. Right to Know and published in the UCSF Chemical Industry Documents Archive.
  • Emails from 2016 indicate that Dr. Smyth receives “program support” from Monsanto. The email from Monsanto Canada’s Public and Industry Affairs Director asks Dr. Smyth to send the “invoice for this year’s contribution.”

Newsweek has a duty to inform its readers about the chemical industry connections of writers and sources who argue in Newsweek for the safety and necessity of pesticides linked to cancer.

For more information:

Trimmed-Down Testimony as Monsanto Cancer Trial Winds Down

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Find more updates and documents from the trials in our Monsanto Trial Tracker.

Lawyers for Edwin Hardeman have substantially cut down the number of witnesses and evidence to present to jurors who must decide if Monsanto and its new owner Bayer are liable for Hardeman’s development of non-Hodgkin lymphoma after years of use of Monsanto’s Roundup. They have but a few hours left allotted to them by the judge, who has said he expects closing arguments by Tuesday.

The six-member jury team decided last week that Roundup was in fact a substantial factor in causing Hardeman’s cancer. The trial is now focused on whether or not Monsanto should be blamed, and if so, how much – if anything – the company should pay Hardeman in damages.

But making that case may be difficult given the short amount of time the plaintiff’s attorneys have left in the total “time clock” that Judge Vince Chhabria set. He gave each side 30 hours to make their case.

Hardeman’s attorneys used most of their time in the first half of the trial and now have but a few remaining hours. As a result, they have informed the judge that they will not be calling planned testimony from Monsanto executives Daniel Goldstein, Steven Gould, David Heering, or Daniel Jenkins. They also will not be presenting planned testimony from Roger McClellan, editor of the scientific journal Critical Reviews in Toxicology (CRT), and at least four other witnesses.

McClellan was overseeing CRT when the journal published a series of papers in September 2016 that rebuked the finding by the International Agency for Research on Cancer (IARC) finding that glyphosate was a probable human carcinogen. The papers purported to be written by independent scientists who found that the weight of evidence showed the weed killer was unlikely to pose any carcinogenic risk to people. But internal Monsanto documents show that the papers were conceptualized from the outset as a strategy by Monsanto to discredit IARC. One of Monsanto’s top scientists not only reviewed the manuscripts but had a hand in drafting and editing them, though that was not disclosed by CRT.

Hardeman’s attorneys plan about three more hours of testimony from various witnesses, including former Monsanto Chairman and CEO Hugh Grant, who received an exit payment of about $32 million when Bayer AG bought Monsanto last summer.

Discussion of Damages

Both sides have already agreed that Hardeman has suffered a loss of approximately $200,000 in economic damages, but Hardeman’s attorneys are expected to ask for many tens of millions of dollars, and possibly hundreds of millions of dollars for total damages, including punitive.

Lawyers for Monsanto have objected to any discussion of Monsanto’s wealth and the $63 billion Bayer paid for Monsanto, but the judge has allowed some financial information to be shared with jurors.

Jurors may not ever be told exactly how much money Monsanto has made over the years in sales of its glyphosate herbicides, but a look at just one year of financials – 2012, the year Hardeman stopped using Roundup – shows the company made roughly $2 billion in total profits that year.

Judge Chhabria noted in discussions with attorneys out of the presence of the jury that Hardeman’s attorneys might want to argue that Monsanto spent a lot of money on advertising and payouts to executives rather than conducting long-term safety studies on its products. The money issues might be relevant to jurors’ deliberation over potential punitive damages, Chhabria said.

“It may be relevant to Monsanto’s ability to pay, but it seems even more relevant to
the issue of what was knowable — both liability and punitive damages, whether Monsanto’s conduct was extreme and outrageous,” Judge Chhabria said.  “Why can’t they argue, look at all the money Monsanto has been willing to spend on advertising and it’s not willing to, you know, conduct any sort of objective inquiry into the safety of its product.”

“It is not as much about the company’s ability to pay as it is about the company’s conduct with respect to the safety of its product,” Chhabria said. “Look at all these things that the company is spending extreme amounts of money on, and it’s not willing to lift a finger to conduct any sort of objective inquiry about the safety of its product.  That, I assume, is their argument. ”

Chhabria said the evidence of Monsanto’s finance could be “probative” of the  “outrageousness of the company’s conduct.”

Pilliod Trial Beginning 

A third Roundup cancer trial gets underway this week in Alameda County Superior Court in Oakland, California. Alva and Alberta Pilliod,  husband and wife, take on Monsanto and Bayer with claims they both are suffering from non-Hodgkin lymphoma due to exposure to Monsanto’s Roundup products.

Voir dire for jury selection begins today in Oakland and opening statements are expected to begin Thursday.  See documents related to that case at this link. 

The judge in the Pilliod case rejected Monsanto’s request to bifurcate the trial. The legal team presenting the Pilliod case includes Los Angeles attorney Brent Wisner, who gained notoriety for the win by plaintiff Dewayne “Lee” Johnson over Monsanto in the first-ever Roundup cancer trial last summer.

Pamela Ronald’s Ties to Chemical Industry Front Groups

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Updated in June 2019

Pamela Ronald, PhD, a professor of plant pathology at the University of California, Davis and author of the 2008 book “Tomorrow’s Table,” is a well-known advocate for genetically engineered foods. Less known is Dr. Ronald’s role in organizations that portray themselves as acting independently of industry, but in fact are collaborating with chemical corporations to promote and lobby for GMOs and pesticides, in arrangements that are not transparent to the public. 

Ties to key agrichemical industry front group

Pamela Ronald has multiple ties to a leading agrichemical industry front group, the Genetic Literacy Project, and its executive director, Jon Entine. She assisted them in many ways. For example, documents show that in 2015, Dr. Ronald appointed Entine as a senior fellow and instructor of science communications at UC Davis, and collaborated with Genetic Literacy Project to host an agrichemical industry-funded messaging event that trained participants how to promote agrichemical products. 

The Genetic Literacy Project is described in an award-winning Le Monde investigation as a “well-known propaganda website” that played a key role in Monsanto’s campaign to discredit the World Health Organization cancer research agency’s report on glyphosate. In a 2015 PR document, Monsanto identified Genetic Literacy Project among the  “industry partners” the company planned to engage to “orchestrate outcry” about the cancer report. GLP has since published many articles attacking the cancer scientists as “anti-chemical enviros” who lied and engaged in corruption, distortion, secrecy and fraud.

Entine has longtime ties to the chemical industry; his body of work includes defending pesticides, industrial chemicals, plastics, fracking, and the oil industry, often with attacks on scientists, journalists and academics.  Entine launched the Genetic Literacy Project in 2011 when Monsanto was a client of his public relations firm. The GLP was originally associated with STATS, a nonprofit group journalists have described as a “disinformation campaign” that seeds doubt about science and is “known for its defense of the chemical industry.” 

In 2015, the Genetic Literacy Project moved to a new parent organization, the Science Literacy Project. IRS tax filings for that year indicated that Dr. Ronald was a founding board member of the Science Literacy Project, but emails from August 2018 show that Dr. Ronald convinced Entine to retroactively remove her name from the tax form after it became known she was listed there (the amended tax form is now available here). Dr. Ronald wrote to Entine, “I did not serve on this board and did not give permission for my name to be listed. Please take immediate action to notify the IRS that my name was listed without consent.” Entine wrote that he had a different recollection. “I clearly recall you agreeing to be part of the board and head the initial board … You were enthusiastic and supportive in fact. There is no question in my mind that you agreed to this.” Nevertheless he agreed to try to get her name removed from the tax document.

The two discussed the tax form again in December 2018 after this fact sheet was posted. Entine wrote, “I listed you in the original 990 based on a telephone conversation in which you agreed to be on the board. When you represented to me that you disagreed, I purged the record as you requested.” In another email that day, he reminded Dr. Ronald that “in fact you were associated with ‘that organization: as we worked together, seamlessly and constructively, in making the boot camp at your university a great success.”  

Science Literacy Project tax forms now list three board members: Entine; Drew Kershen, a former law professor who was also on the board of “Academics Review,” a group that claimed to be independent while receiving its funds from agrichemical companies; and Geoffrey Kabat, an epidemiologist who serves on the board of scientific advisors for the American Council on Science and Health, a group that received money from Monsanto for its work defending pesticides and GMOs.

Founded, led UC Davis group that elevated industry PR efforts

Dr. Ronald was the founding director of the World Food Center’s Institute for Food and Agricultural Literacy (IFAL), a group launched in 2014 at UC Davis to train faculty and students to promote genetically engineered foods, crops and pesticides. The group does not fully disclose its funding.

Documents show that Dr. Ronald gave Jon Entine and his industry front group Genetic Literacy Project a platform at UC Davis, appointing Entine as an unpaid senior fellow of IFAL and an instructor and mentor in a science communications graduate program. Entine is no longer a fellow at UC Davis. See our 2016 letter to the World Food Center inquiring about funding for Entine and IFAL and their obscure explanation about where their funding comes from.

In July 2014, Dr. Ronald indicated in an email to a colleague that Entine was an important collaborator who could give them good suggestions on who to contact to raise additional funds for the first IFAL event. In June 2015, IFAL co-hosted the “Biotech Literacy Project boot camp” with Genetic Literacy Project and the Monsanto-backed group Academics Review. Organizers claimed the event was funded by academic, government and industry sources, but non-industry sources denied funding the events and the only traceable source of money came from industry, according to reporting by Paul Thacker in The Progressive.

Tax records show that Academics Review, which received its funding from the agrichemical industry trade group, spent $162,000 for the three-day conference at UC Davis. The purpose of the boot camp, according to the agenda, was to train and support scientists, journalists and academic researchers to persuade the public and policy makers about the benefits of GMOs and pesticides.

Speakers at the UC Davis boot camp included Jay Byrne, Monsanto’s former director of corporate communications; Hank Campbell of the Monsanto-funded American Council on Science and Health; professors with undisclosed industry ties such as University of Illinois Professor Emeritus Bruce Chassy and University of Florida Professor Kevin Folta; Cami Ryan, who now works for Monsanto; David Ropeik, a risk perception consultant who has a PR firm with clients including Dow and Bayer; and other agrichemical industry allies.

Keynote speakers were Dr. Ronald, Yvette d’Entremont the Sci Babe, a “science communicator” who defends pesticides and artificial sweeteners while taking money from companies that sell those products, and Ted Nordhaus of the Breakthrough Institute. (Nordhaus was also listed as a Science Literacy Project board member on the original 2015/2016 tax form, but his name was removed along with Dr. Ronald’s in the amended form Entine filed in 2018; Nordhaus said he never served on the board.)

Cooking up a Chipotle boycott

Emails indicate that Dr. Ronald and Jon Entine collaborated on messaging to discredit critics of genetically engineered foods. In one case, Dr. Ronald proposed to organize a boycott against the Chipotle restaurant chain over its decision to offer and promote non-GMO foods.

In April 2015, Dr. Ronald emailed Entine and Alison Van Eenennaam, PhD, a former Monsanto employee and cooperative extension specialist at UC Davis, to suggest they find a student to write about farmers using more toxic pesticides to grow non-GMO corn. “I suggest we publicize this fact (once we get the details) and then organize a chipotle boycott,” Dr. Ronald wrote. Entine directed an associate to write an article for Genetic Literacy Project on the theme that “pesticide use often soars” when farmers switch to a non-GMO model to supply restaurants like Chipotle. The article, co-authored by Entine and touting his UC Davis affiliation, fails to substantiate that claim with data.

Co-founded biotech spin group BioFortified

Dr. Ronald co-founded and served as board member (2012-2015) of Biology Fortified, Inc. (Biofortified), a group that promotes GMOs and has a partner activist group that organizes protests to confront Monsanto critics. Other leaders of Biofortified include founding board member David Tribe, a geneticist at University of Melbourne who co-founded Academics Review, the group that claimed to be independent while receiving industry funds, and collaborated with IFAL to host the Biotech Literacy Project “boot camp” at UC Davis.

Former board member Kevin Folta (2015-2018), a plant scientist at the University of Florida, was the subject of a New York Times story reporting that he misled the public about undisclosed industry collaborations. Biofortified bloggers include Steve Savage, a former DuPont employee turned industry consultant; Joe Ballanger, a consultant for Monsanto; and Andrew Kniss, who has received money from Monsanto. Documents suggest that members of Biofortified coordinated with the pesticide industry on a lobbying campaign to oppose pesticide restrictions in Hawaii.

Played leading role in industry-funded propaganda movie

Dr. Ronald featured prominently in Food Evolution, a documentary film about genetically engineered foods funded by the trade group Institute for Food Technologists. Dozens of academics have called the film propaganda, and several people interviewed for the film described a deceptive filming process and said their views were taken out of context.

https://www.foodpolitics.com/2017/06/gmo-industry-propaganda-film-food-evolution/

Advisor for Cornell-based GMO public relations campaign

Dr. Ronald is on the advisory board of the Cornell Alliance for Science, a PR campaign based at Cornell University that promotes the GMOs and pesticides using agrichemical industry messaging. Funded primarily by the Bill & Melinda Gates Foundation, the Cornell Alliance for Science has opposed the use of Freedom of Information Act to investigate public institutions, misled the public with inaccurate information and elevated unreliable messengers; see documentation in our fact sheet.

Receives money from the agrichemical industry

Documents obtained by U.S. Right to Know indicate that Dr. Ronald receives compensation from agrichemical companies to speak at events where she promotes GMOs to key audiences that companies seek to influence, such as dieticians. Emails from November 2012 provide an example of how Dr. Ronald works with companies.

Monsanto staffer Wendy Reinhardt Kapsak, a dietician who formerly worked for the food-industry spin group IFIC, invited Ronald to speak at two conferences in 2013, Food 3000 and the Academy of Nutrition and Dietetics Food and Nutrition Conference and Expo. Emails show that the two discussed fees and book purchases and agreed Dr. Ronald would speak at Food 3000, a conference organized by the PR firm Porter Novelli that Kapsak said would reach “90 high media impact food and nutrition professionals/influencers.” (Dr. Ronald invoiced $3,000 for the event). Kapsak asked to review Dr. Ronald’s slides and set up a call to discuss messaging. Also on the panel were moderator Mary Chin (a dietician who consults with Monsanto), and representatives from the Bill & Melinda Gates Foundation and Monsanto, with Kapsak giving opening remarks. Kapsak later reported that the panel got rave reviews with participants saying they would share the idea that, “We have to have biotech to help feed the world.”

Other industry-funded speaking engagements for Dr. Ronald included a 2014 speech at Monsanto for $3,500 plus 100 copies of her book which she declined to tweet about; and a 2013 speaking engagement for which she invoiced Bayer AG for $10,000.

Retracted papers

Retraction Watch reported that, “2013 was a rough year for biologist Pamela Ronald. After discovering the protein that appears to trigger rice’s immune system to fend off a common bacterial disease – suggesting a new way to engineer disease-resistant crops – she and her team had to retract two papers in 2013 after they were unable to replicate their findings. The culprits: a mislabeled bacterial strain and a highly variable assay. However, the care and transparency she exhibited earned her a ‘doing the right thing’ nod from us at the time.”

See coverage:

What do you do about painful retractions? Q&A with Pamela Ronald and Benjamin Swessinger,” Retraction Watch (7.24.2015)

Can the scientific reputation of Pamala Ronald, the public face of GMOs, be salvaged?” by Jonathan Latham, Independent Science News (11.12.2013)

Pamela Ronald does the right thing again, retracting a Science paper,” Retraction Watch (10.10.2013)

Doing the right thing: Researchers retract quorum sensing paper after public process,” Retraction Watch (9.11.2013)

Val Giddings: Top Operative for the Agrichemical Industry

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Val Giddings, PhD, is a key player in agrichemical industry efforts to oppose transparency and safety regulations for genetically engineered foods and pesticides. Emails obtained by U.S. Right to Know and posted in the UCSF Chemical Industry Documents Library indicate that Dr. Giddings helped set up a corporate front group and played a key behind-the-scenes role in other activities to push the deregulatory agenda of the world’s largest agrichemical companies.

Dr. Giddings is a former vice president at the Biotechnology Industry Organization (BIO), a trade group for agrichemical and biotechnology companies. He now runs the consulting firm PrometheusAB, and is a senior fellow at the Information Technology and Innovation Foundation (ITIF).

ITIF is a think tank funded by the pharmaceutical, wireless, telecom, film and biotech industries, best known for opposing “net neutrality” and promoting the agenda of the tech industry. The group moved into biotechnology in 2011 with Dr. Giddings. Members of Congress who serve as “honorary co-chairs” of ITIF, including U.S. Reps Anna Eshoo (D-CA), Darrell Issa (R-CA) and Senators Orrin Hatch (R-UT) and Chris Coons (D-DE), appear to be endorsing and assisting the tobacco tactics that Dr. Giddings has used to advance agrichemical industry interests.

Cooked up academic front group to discredit Monsanto critics

Emails obtained by U.S. Right to Know indicate that Dr. Giddings played a central role in setting up Academics Review as a front group that falsely claimed to be independent while taking agrichemical industry funds and trying to keep corporate fingerprints hidden.

Other key planners were Jay Byrne, a former director of corporate communications at Monsanto; Bruce Chassy, PhD, professor emeritus at the University of Illinois at Urbana-Champaign; and Eric Sachs, PhD, director of regulatory policy and scientific affairs at  Monsanto.

Academics Review falsely claims on its website that it does not accept corporate money or solicit donations for specific activities; but according to tax forms, most of the funding for Academics Review came from the Council for Biotechnology Information, a trade group funded and run by the world’s largest chemical companies: BASF, Bayer/Monsanto, DowDuPont and Syngenta/ChemChina.

Timeline of key events for Academics Review:

March 11, 2010: Byrne and Dr. Chassy discussed setting up Academics Review as a front group to target critics of GMOs and pesticides with help from Dr. Giddings.  Byrne said he and Dr. Giddings could serve as “commercial vehicles” to connect corporate entities to the project “in a manner which helps ensure the credibility and independence (and thus value) of the primary contributors/ owners…” Byrne noted he was developing for Monsanto a list of agrichemical industry critics to target:

March 24, 2010:  Dr. Chassy launched the Academics Review website along with David Tribe, PhD, senior lecturer at the University of Melbourne, Australia, with both men listed as cofounders.

November 23, 2010: Dr. Giddings and Dr. Chassy discussed which companies and industry groups might “pony up” for Academics Review to refute a paper that criticized genetically engineered soy.

  • “I bet we could generate some respectable support for it,” Dr. Giddings wrote to Dr. Chassy.
  • Chassy responded in part, “I bet our friends at Monsanto would be willing to write the rebuttal and pay us to post it.”
  • Giddings wrote, “I think the soybean guys might be willing to pony up a chunk to underwrite a rebuttal … If we do this right we can leverage the AcaRev Brand here a bit.”

A week later, Dr. Chassy asked Eric Sachs if Monsanto planned to refute the soy paper, and told Sachs: “The US Soybean Board is going to entertain a proposal from me and Graham Brookes to respond to the piece.” (Academics Review posted a response from Chassy and Brookes in 2012 with no disclosure about funders.)

November 30, 2010: In the email exchange with Dr. Chassy, Eric Sachs of Monsanto said he could help motivate the pesticide and GMO industry trade groups to support Academics Review. “The key will be keeping Monsanto in the background so as not to harm the credibility of the information,” Sachs wrote.

August 2011: Dr. Giddings submitted a proposal to the agrichemical industry-funded trade group CBI for the  project: “what we do over the next year is directly a function of the support we can raise,” he wrote to CBI Managing Director Ariel Gruswich, in an email copied to Drs. Chassy and Tribe. Gruswich urged the men to join a phone call with her group: “I really believe that hearing directly from you all will increase the likelihood of support among the companies,” she wrote. Tax records show the corporate-funded CBI gave Academics Review $650,000 from 2014 to 2016 for “scientific outreach.”

April 2014: Academics Review published a report attacking the organic industry as a marketing scam, and claimed to be an independent group with no conflicts of interest. See: “Monsanto fingerprints found all over attack on organic food,” by Stacy Malkan, Huffington Post

Industry-funded “boot camps” trained scientists, journalists how to spin GMOs and pesticides  

Over $300,000 of the chemical industry funds Dr. Giddings helped raise for Academics Review went to pay for two conferences called the “Biotech Literacy Project” boot camps, held at the University of Florida in 2014 and UC Davis in 2015, according to tax records. The boot camps – organized by Academics Review and another industry front group,  Genetic Literacy Project – trained journalists and scientists how to reframe the debate about GMOs and pesticides.

See: “Flacking for GMOs: How the Biotech Industry Cultivates Positive Media – and Discourages Criticism,” by Paul Thacker, The Progressive

Deregulating GMOs: “blow the whole damn thing up”

In emails dated February 2015, Dr. Giddings discussed with several academics a plan to write five journal papers arguing for the need to deregulate the biotech industry. Dr. Giddings wrote that the papers should capture, “what I call Henry’s ‘Blow the whole damn thing up’ argument, which is a case I do think should be made.”  University of Arizona law professor Gary Marchant, who initiated the email exchange, explained, “paper 1 is intended to be the blow the whole damn thing up topic.”

Alan McHughen, a public sector educator at UC Riverside and “ambassador expert” for the agrichemical industry-funded marketing campaign GMO Answers, offered to write paper 1. Henry Miller, MD, said he could help but had too much on his plate to be primary author. (A month later, Miller posted an article in Forbes that the New York Times later revealed had been ghostwritten by Monsanto.)

Others copied on the email about the journal papers were Drew Kershen of the University of Oklahoma College of Law; Guy Cardineau, Yvonne Stevens and Lauren Burkhart of Arizona State University; Steven Strauss of Oregon State University; Kevin Folta of University of Florida; Shane Morris of Natural Resources Canada; Alison Van Eenennaam of UC Davis; Joanna Sax of the California Western School of Law; and Thomas Reddick of the Global Environmental Ethics Council.

Coordinated scientist sign-on letter against Seralini study

In September 2012, Dr. Giddings coordinated a scientist sign-on letter urging Wallace Hayes, editor-in-chief of Food and Chemical Toxicology, to reconsider a September 2012 paper by the French researcher Gilles-Éric Séralini that reported tumors in rats fed a diet of Roundup-tolerant GM corn. The paper was retracted a year later and later republished in another journal.

To help coordinate the sign on letter, Dr. Giddings used AgBioChatter – a private liserver that pro-industry academics, senior agrichemical industry staffers and their PR operatives used to coordinate messaging and lobbying activities. One professor who signed the letter, Chris Leaver, noted that he had “been doing behind the scenes briefing via Sense About Science” about the Séralini study. Sense About Science has a long history of spinning science for the benefit of corporate interests.

Signers of the letter to Food and Chemical Toxicology were Robert Wager, Alda Lerayer, Nina Fedoroff, Giddings, Steve Strauss, Chris Leaver, Shanthu Shantharam, Ingo Potrykus, Marc Fellous, Moises Burachik, Klaus-Dieter Jany, Anthony Trewavas, C Kameswara Rao, C.S. Prakash, Henry Miller, Kent Bradford, Selim Cetiner, Alan McHughen, Luis De Stefano-Beltrán, Bruce Chassy, Salbah Al-Momin, Martina Newell-McGloughlin, Klaus Ammann, Ronald Herring, Lucia de Souza.

Related: “Unearthed emails: Monsanto connected to campaign to retract GMO paper,” Retraction Watch

Suggested attractive “mommy farmers” should pitch GMOs

In conversations with a Monsanto lobbyist about how to defeat GMO labeling campaigns in Colorado and Oregon in 2014, Dr. Giddings suggested that good-looking “mommy farmers” would be the best messengers to allay concerns about genetically engineered foods. “What the situation requires is a suite of TV spots featuring attractive young women, preferably mommy farmers, explaining why biotech derived foods are the safest & greenest in the history of ag and worthy of support,” Dr. Giddings wrote to Lisa Drake, Monsanto’s lead for government affairs.

In a September 2015 front-page New York Times story, three-time Pulitzer Prize winner Eric Lipton described the emails:

“In this extended email exchange, some of the scientists and academicswho have been recruited to help Monsanto push its cause question whether they are the best messengers. Two suggest that Monsanto run more television ads featuring farmers instead. The Monsanto lobbyist replies that polling shows that the public believes scientists. In fact, the company has already run TV ads featuring female farmers.”

See: “Food industry enlisted academics in GMO labeling war, emails show,” by Eric Lipton, New York Times.

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

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Keith Kloor is a freelance journalist and an adjunct journalism faculty member at New York University who has written for Nature, Science Insider, Slate and dozens of articles for Discover Magazine promoting genetically engineered foods and attacking critics of the agrichemical industry, while also assisting industry allies behind the scenes.

Emails obtained by U.S. Right to Know, posted in the UCSF Chemical Industry Documents Library, reveal instances in which Kloor coached and edited his sources, obscured the industry ties of a source, and selectively reported on information in ways that bolstered industry narratives. Kloor declined to respond to questions for this article.

Preemptive, selective release of FOIA emails

From 2015 to 2017, Kloor reported for Nature, Science Insider, Discover, Issues in Science and Technology, and Slate on a public records investigation by U.S. Right to Know that revealed undisclosed ties between the agrichemical industry and publicly funded academics who promote agrichemical products, including University of Florida Professor Kevin Folta. In each of these published pieces, Kloor framed the public records requests as an undue burden on academics.

The emails obtained via state records requests reveal that Kloor himself was part of the story he was reporting on; he had attended agrichemical industry-funded message-training conferences with Dr. Folta and assisted Dr. Folta with messaging. The correspondence shows that Dr. Folta reached out to Kloor to suggest a “preemptive” release of his emails “but selectively” to help mitigate the damage of the documents – which Kloor did, in the journal Nature. At the same time as Kloor was covering the story for top science publications, the documents show he participated in discussions with industry insiders about the challenges posed by the public records requests.

Timeline of coverage and collaborations:

  • March 2014: Kloor attended the Biotech Literacy Project boot camp, an industry-funded conference to train scientists and journalists how to frame the debate over GMOs and pesticides. The conference was hosted by Dr. Folta and organized by Genetic Literacy Project and Academics Review, two groups that partner with Monsanto on public relations projects.
  • July 2014: Monsanto agreed fund Dr. Folta’s proposal for $25,000 for promotional events that Dr. Folta described as a “solution to the biotech communications problem” that arose from activist campaigns to label GMOs. (Folta donated the money to a food bank after the proposal became public.)
  • Emails show that in August and November of 2014, Kloor provided Dr. Folta with messaging advice about how to best challenge GMO critics (see examples below).
  • February 2015: U.S. Right to Know submitted public records requests for correspondence to and from professors at public universities, including Dr. Folta, to investigate undisclosed collaborations with the agrichemical industry.
  • February 2015: Kloor wrote about the USRTK investigation for Science Insider, quoting Dr. Folta and other industry allies who were “rattled” by the open records requests they described as a “fishing expedition” that could have a “chilling effect on academic freedom.”
  • March 2015: Kloor gave a presentation to the Cornell Alliance for Science, a GMO promotion group that was campaigning against the public records requests.
  • June 2015: Kloor appeared at a second industry-funded Biotech Literacy Project boot camp message-training held at UC Davis, on a panel to discuss “FOIA Challenges” with Dr. Folta and University of Illinois Professor Emeritus Bruce Chassy, whom emails later revealed had also been secretly receiving funds from Monsanto.
  • August 1, 2015: Dr. Folta emailed Kloor to report that his emails had been turned over to U.S. Right to Know in response to the open records requests. “I started going through this last night and I’m thinking that a preemptive release of the materials is a good idea, but selectively,” Dr. Folta wrote. He suggested a framing that “exposes the danger of the FOIA laws.”
  • August 6, 2015: Kloor reported on the emails in a forgiving article for Nature. The emails “do not suggest scientific misconduct or wrongdoing by Dr. Folta. But they do reveal his close ties to agriculture giant Monsanto,” Kloor reported.
  • August 8, 2015: Jon Entine, who organized the industry-funded messaging boot camps, complained to Kloor about his use of the term “close ties” to describe Dr. Folta’s relationship with Monsanto. “It’s both incorrect and inflammatory. It reflects poorly on what otherwise was first class reporting,” Entine wrote. Kloor said the term was “arguable” but backed away from it: “In my defense, I didn’t write that – it was added in the final edits.” He then tipped Entine off about the emails: “You and I should also talk. You are in the emails.” Kloor was also in the emails, which he did not mention in his reporting. (Subsequent requests turned up more emails involving Kloor.)
  • September 5, 2015: a front-page New York Times article by three-time Pulitzer Prize winner Eric Lipton reported that Monsanto recruited academics, including Dr. Folta, to fight against GMO labeling. The Times posted emails from Dr. Folta and Dr. Chassy revealing undisclosed industry payments to both men and their collaborations with agrichemical companies and their PR firms.
  • Kloor continued to engage in the debate as a journalist for industry events, such as a February 2016 forum hosted by GMO Answers, a marketing campaign to promote GMOs funded by Bayer/Monsanto, Syngenta, BASF, and DowDuPont, and managed by the public relations firm Ketchum.
  • Dr. Folta is now suing the New York Times and Eric Lipton over the 2015 article. Kloor reported on Dr. Folta’s lawsuit for Slate in 2017 without disclosing his now-public collaborations with Dr. Folta and other industry insiders.

Coaching, editing sources; obscuring industry ties

The emails suggest Kloor worked with his sources behind the scenes to hone their messaging in support of a key agrichemical industry cause: convincing wary consumers to accept genetically engineered foods. One of these sources was Dr. Kevin Folta, the University of Florida professor who was the key figure Kloor featured in stories he wrote for science publications about academic transparency.

Campaign to convert Bill Nye

In November 2014, Kloor used his Discover blog to challenge Bill Nye’s critiques about GMOs with an “Open Letter to Bill Nye from a Plant Scientist” signed by Dr. Folta. Emails indicate that Kloor asked Dr. Folta to challenge Nye, came up with the idea of the open letter and coached Dr. Folta on how to write it. He then edited Dr. Folta’s biography to avoid mentioning industry funding, according to the emails.

The emails show that Kloor drafted a bio for Dr. Folta that included the line, “No research is sponsored by Monsanto.” Dr. Folta asked him to adjust that sentence, noting that Monsanto indirectly sponsored some of his biotech outreach efforts and that he had received research money from a small biotech firm. Kloor decided on a bio that avoided mentioning Dr. Folta’s industry funding entirely: “his research is sponsored by federal and state agencies.”

In the email below, Kloor provided guidance to Dr. Folta about how to write the letter to Nye:

Around that time, Monsanto was also lobbying Nye to change his position on GMOs, which they eventually succeeded in doing. A March 2015 Washington Post story about Nye’s conversion claimed that Nye’s criticisms of GMOs “had angered many scientists,” but linked only to Dr. Folta’s letter on Kloor’s blog.

Discover: “Not our policy to prompt sources”

Emails from August 2014 show Kloor offering messaging advice to Dr. Folta and another source, Dr. Karl Haro von Mogel, the media director of the GMO promotion group Biofortified. Kloor asked them to critique an article by Carole Bartolotto, a dietician who had written critically about GMOs. The emails show that Kloor edited the comments and suggested ways to strengthen the messaging: “My advice: keep the language as neutral and judgment-free as possible. You’re aiming for the fence-sitters, who may well be turned off by language that comes off as heavy handed.”

Kloor posted the Bartolotto critique on his Discover blog and described Drs. Folta and von Mogel as “two scientists who receive no funding from the biotech industry.” Emails later revealed that, just a few weeks earlier, Monsanto had agreed to fund Dr. Folta’s promotional efforts for GMOs; and, the previous summer, Dr. Folta planned to visit Hawaii to lobby against pesticide restrictions on a trip organized and paid for by a pesticide industry trade group (Dr. von Mogel was also included on those emails). Kloor’s article still appears on the Discover website without updates or corrections.

For a 2017 Huffington post article, journalist Paul Thacker asked Discover magazine editor Becky Lang to comment on the Bartolotto emails. Lang declined to comment on specifics, but said: “Of course, it’s not our policy now, and never has been, to prompt sources to write criticism, edit criticism, and then run it as independent. It’s also not our policy to ever help sources try to hide their industry relationships.” (Kloor’s Discover blog ended in ended in April 2015.)

Jon Entine, Genetic Literacy Project connection  

Kloor’s prolific writings in defense of the agrichemical industry can be viewed on the website of the Genetic Literacy Project, a promotional website for the agrichemical industry that features dozens of articles written by Kloor or quoting his work. Genetic Literacy Project is run by Jon Entine, a longtime PR operative who promotes and defends chemical industry interests. Entine is principal of the PR firm ESG MediaMetrics, whose clients included Monsanto. Kloor and Entine use similar messaging and frame the issues in similar ways, and appear to have a close relationship, according to the emails.

In a July 2013 email to a pesticide industry lobby group, Entine described Kloor as a “very good friend of mine” who could help broker a meeting with another Discover blogger to write about agrichemical industry activities in Hawaii. Another email shows Entine connecting Kloor with Rebecca Goldin at George Mason University to discuss “abuse of FOIA.” Goldin works with Entine’s former employer STATS, a group journalists have described as a “disinformation campaign” that uses tobacco tactics to manufacture doubt about chemical risk.

In another email from October 2014, Kloor was the only journalist included in an email warning from Ketchum public relations firm about a possible hacking operation on corporate websites by the group Anonymous. The email was forwarded by Adrianne Massey, managing director of the Biotechnology Industry Association (BIO), to a group of industry allies, including Entine.

“I have no idea what type of attack. Private sector entities may be their only targets, but I don’t want any of you to be harmed who see you as industry allies,” Massey wrote.

Kloor was looped in on the email by Dr. Channapatna Prakash, a GMO advocate and dean at Tuskegee University. Also included in the email were Jay Byrne (former director of corporate communications for Monsanto), Val Giddings (former vice president of the biotech trade association), Karl Haro von Mogel (media director of Biofortified), Bruce Chassy and David Tribe (co-founders of the Monsanto front group Academics Review), and other key industry allies who promote GMOs and advocate for deregulation: Kevin Folta, Henry Miller, Drew Kershen, Klaus AmmannPiet van der Meer and Martina Newell-McGloughlin.

Industry allies frequently promote Kloor’s work; see tweets by Robb Fraley of MonsantoJon Entine, Genetic Literacy Project and the agrichemical industry trade group CBI.

Further reading:

‘The World is Against Them’: New Era of Cancer Lawsuits Threaten Monsanto

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A landmark verdict found Roundup caused a man’s cancer, paving the way for thousands of other families to seek justice

This article was originally published in The Guardian.

By Carey Gillam

Dean Brooks grasped on to the shopping cart, suddenly unable to stand or breathe. Later, at a California emergency room, a nurse with teary eyes delivered the news, telling his wife, Deborah, to hold out hope for a miracle. It was December 2015 when they learned that a blood cancer called non-Hodgkin lymphoma (NHL) was rapidly attacking the man’s body and immune system.

By July 2016, Dean was dead. Deborah gets emotional recounting the gruesome final chapter of the love of her life. But in recent months, she has had reason to be hopeful again.

In an historic verdict in August, a jury ruled that Monsanto had caused a man’s terminal cancer and ordered the agrochemical corporation to pay $289m in damages. The extraordinary decision, exposing the potential hazards of the world’s most widely used herbicide, has paved the way for thousands of other cancer patients and families to seek justice and compensation in court.

“It’s like a serial killer, but it’s a product,” said Brooks, 57, who has a pending case against Monsanto, alleging that her husband’s use of the company’s popular weedkiller at their home led to his fatal disease. “It’s unconscionable … I don’t see how they can win. The world is against them.”

Brooks said she cried when she learned that a jury had ruled in favor of Dewayne “Lee” Johnson, the terminally ill former school groundskeeper who became the first person to take Monsanto to trial over Roundup. The verdict stated that Monsanto “acted with malice”, knew or should have known its chemical was dangerous, and failed to warn consumers about the risks.

Monsanto has filed an appeal, and a hearing is scheduled for Wednesday in San Francisco. The stakes are high for Monsanto and Bayer, the German pharmaceutical giant that acquired the company earlier this year. Energized by the Johnson win, a snowballing series of courtroom challenges are now threatening the legacy and finances of the corporations – and the future of a chemical that is ubiquitous around the globe.

The fight against 8,000 plaintiffs

Monsanto has argued that “junk science” led to the jury’s ruling on the chemical called glyphosate, which the company brought to market in 1974. Sold under numerous brands, including Roundup and Ranger Pro, the herbicide is now worth billions of dollars in revenues and is registered in 130 countries, with approvals for use on more than 100 crops.

The Johnson v Monsanto trial was groundbreaking before it even began, because a judge allowed the plaintiff’s attorneys to present research and expert testimony on glyphosate and health risks – scientific evidence that the jury ultimately found credible and compelling.

Johnson, who is not expected to survive for more than two years, said he had prolonged exposures to glyphosate while applying the herbicide to school properties, at least twice accidentally getting large amounts of the chemical on his skin. Because Monsanto has insisted that the product is safe and has no cancer warnings on its labels, Johnson said he did not know about the risks until it was too late.

His award of $289m, which included $250m in punitive damages, is a game-changer for the 46-year-old, who will leave behind a wife and three children. But Monsanto is fighting to keep it from him.

“It’s a big red flag for the company,” said Jean M. Eggen, professor emerita at Widener University Delaware Law School, adding of the verdict: “It brings more people out who might not otherwise sue.”

Roughly 8,700 plaintiffs have made similar cases in state courts across the country, alleging that exposure to glyphosate-based herbicides led to various types of cancer. The impact could be huge if Monsanto continues to fight and lose in jury trials, and an accumulation of wins could force the company to consider settling with plaintiffs.

“It could become very costly,” said Eggen, comparing the fight to that of the tobacco industry, which aggressively fought cases in court but eventually decided settlements were the best option. “It’s really a business decision.”

Monsanto may ultimately consider changing the labels to warn consumers about cancer risks and work to settle with consumers who have had high exposures, said Lars Noah, University of Florida law professor: “It’s sort of a wake-up call that their strategy was unrealistic.”

Of the thousands of cases, there are more than 10 trials on track to start in 2019 and 2020, with court battles ramping up in California, Montana, Delaware, Kansas City and St Louis (where Monsanto is headquartered). Farmers, gardeners, government employees, landscapers and a wide range of others have alleged that Monsanto’s products sickened them or killed their loved ones.

“This is a tremendous number of trials for one year and will allow plaintiffs to get critical evidence in front of juries – evidence not seen before,” said the attorney Aimee Wagstaff.

The first plaintiffs who may have an opportunity to face Monsanto in a courtroom are Alberta and Alva Pilliod, a California couple. Alberta, 74, has brain cancer while her husband, 76, suffers from a bone cancer that he said has invaded his pelvis and spine – both forms of NHL.

Given their age and cancer diagnoses, their lawyers have argued they have a right to a speedy trial. Monsanto, however, has opposed the request, and a hearing on the matter is set for Tuesday.

The couple, who have two children and four grandchildren, used Roundup from the 1970s until a few years ago – around their yard and on multiple properties they purchased and renovated. The couple said they chose the herbicide because they believed it wouldn’t be harmful to the deer, ducks and other animals that roamed their property. They were also sure it was safe for themselves.

“We are very angry. We hope to get justice,” Alberta told the Guardian, noting that they didn’t use protective gear when they sprayed and would not have used Roundup the way they did if they knew the risks. “If we had been given accurate information, if we had been warned, this wouldn’t have happened.”

Alva said the cancer had destroyed their lives: “It has been a miserable few years.”

Their lawyers hope to go to trial before it’s too late. Alberta’s doctors have said she has “substantially high risk” for recurrence, has “deep brain lesions” from the cancer – and is likely to die if she does relapse.

‘We are not going to be silent’

The Pilliods and other plaintiffs taking on the company have long argued that Monsanto led a “prolonged campaign of misinformation to convince government agencies, farmers and the general public that Roundup was safe”.

Attorneys have cited internal Monsanto records that they say demonstrate how the company has manipulated and corrupted the scientific record with respect to the herbicide’s safety. The scrutiny has escalated in recent weeks.

On 26 September, the prominent scientific journal Critical Reviews in Toxicology issued an “expression of concern”, saying that its published research finding glyphosate to be safe had not fully declared Monsanto’s involvement.

The high-profile correction came after litigation revealed that the company was involved in organizing and editing article drafts. Monsanto was linked to a scientific review that countered a crucial 2015 International Agency for Research on Cancer classification of glyphosate as a probable human carcinogen.

More evidence could emerge at forthcoming trials about Monsanto’s questionable involvements in scientific papers, plaintiffs’ attorneys said.

A Bayer spokesman, Utz Klages, said in an email that the number of cases filed was “not indicative of the merits of the litigation”. He called glyphosate a “breakthrough for modern agriculture” and “cost-effective tool that can be used safely to control a wide range of weeds”.

Regulatory reviews and scientific studies have demonstrated that glyphosate is safe and not a cause of NHL, he said, adding: “The Johnson verdict is not final and concerns a single, specific case.”

John Barton, a California farmer who used Roundup for decades and was diagnosed with NHL in 2015, said he was eager to go to trial, especially since Monsanto and Bayer were still telling the public that glyphosate was safe.

“Monsanto needs to realize that we are not going to be silent any more,” said Barton, a third-generation farmer, who is part of a California lawsuit filed by the Baum Hedlund firm, which represented Johnson. “We are not going to roll over and play dead … People should be warned that this stuff is everywhere and we should be careful of this product.”

Barton, 69, said he also feared that his three sons could get sick due to their Roundup exposure.

“My dad exposed me to this. He never would’ve done that if he knew it was dangerous,” he added. “I have this guilt that I may have endangered my own sons.”

Deborah Brooks described NHL as “torture”, recounting her husband lying on towels on the floor trying to stop endless nosebleeds and the constant illnesses that plagued him while his immune system suffered.

“Nobody should have to go through that. It takes life in such a terrible way,” said Brooks, whose husband was 72 years old when he died. “I’m fighting for the honor of my husband and all the others that have come before and will come after … My heart goes out to those victims who don’t know they’re victims.”

Bayer declined to comment about the Brooks or Barton cases. A spokeswoman, Charla Lord, said in an email that because the Pilliods are both in remission and there was “no indication of any imminent cancer recurrence”, the company is arguing that an early trial date was not warranted.

Legal experts said it was possible the Johnson appeal could lead to a reduced monetary award. The courts could also find that there was insufficient evidence to prove that glyphosate causes cancer or that attorneys failed to demonstrate that the herbicide caused Johnson’s cancer.

Those outcomes could be devastating for Johnson and a setback for those fighting glyphosate. But cancer patients and families across the country will be able to push forward regardless of what happens in San Francisco, said David Levine, a University of California Hastings law professor.

“Even if Monsanto gets a complete victory here, it’s not going to stop other plaintiffs.”