Trial & Jury Day Off

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Jurors have the day off today but the lawyers do not. Chhabria is holding a hearing with attorneys for both sides at 12:30 pm Pacific time to discuss the scope of the second phase, if a second phase is held.

Among the issues to be discussed, plaintiff’s lawyers are renewing their request to be able to present testimony about Monsanto’s efforts to discredit French scientist Gilles-Éric Séralini after publication of his 2012 study findings about rats fed water dosed with Roundup. Internal Monsanto records show a coordinated effort to get the Seralini paper retracted, including this email string.

Monsanto employees apparently were so proud of what they called a “multimedia event that was designed for maximum negative publicity” against Seralini that they designated it as an “achievement” worth recognition.

Evidence demonstrates “that the Séralini story is central to Monsanto’s failure to test as well as its efforts to manipulate public opinion,” Edwin Hardeman’s attorneys argue. As well, they say in their court filing, “the testimony reveals that Monsanto responded to the study by attempting to undermine and discredit Dr. Séralini, which is further evidence “that Monsanto does not particularly care whether its product is in fact giving people cancer,” but “[focuses] instead on manipulating public opinion and undermining anyone who raises genuine and legitimate concerns about the issue.” ”

“The Séralini Story is Relevant to Monsanto’s Efforts to Undermine Scientists Raising Concerns about Glyphosate,” Hardeman’s attorneys argue.

Lawyers for Hardeman want expert witness Charles Benbrook to be allowed to testify about this example of Monsanto’s corporate conduct “post-use,” meaning actions by Monsanto that took place after Hardeman stopped using Roundup.

Judge Chhabria earlier ruled that the evidence regarding efforts to discredit Seralini could not be introduced because those efforts took place after Hardeman’s Roundup use ended and so would not have impacted him.

On Wednesday, Chhabria also ruled that evidence of Monsanto’s efforts to discredit the International Agency for Research on Cancer after it classified glyphosate as a probable carcinogen would be excluded from a second phase of the trial because it took place after Hardeman’s Roundup use ended.

Even as both sides prepare for a second phase, the lack of a quick jury decision does not bode well for Hardeman. His attorneys were hoping for a quick unanimous decision by the jurors in their favor. Any decision by the jury must be unanimous or the case can be declared a mistrial.

Keeping Secrets From Consumers: Labeling Law a Win for Industry-Academic Collaborations

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You’ve heard the mantra over and over – there are no safety concerns associated with genetically engineered crops. That refrain, music to agrichemical and biotech seed industry ears, has been sung repeatedly by U.S. lawmakers who have just passed a national law that allows companies to avoid stating on food packages if those products contain genetically engineered ingredients.

Sen. Pat Roberts, who shepherded the law through the Senate, dismissed both consumer concerns and research that has fed fears about potential health risks related to genetically engineered crops, in lobbying on behalf of the bill.

“Science has proven again and again that the use of agriculture biotechnology is 100 percent safe,” Roberts declared on the Senate floor on July 7 before bill passed. The House then approved the measure on July 14 in a 306-117 vote.

Under the new law, which now heads to President Obama’s desk, state laws mandating GMO labeling are nullified, and food companies need not clearly tell consumers if foods contain genetically engineered ingredients; instead they can put codes or website addresses on products that consumers must access for the ingredient information. The law intentionally makes it difficult for consumers to gain the information. Lawmakers like Roberts say it’s okay to cloud the issues for consumers because GMOs are so safe.

But many consumers have fought for years for foods to be labeled for GMO content precisely because they do not accept the safety claims. Evidence of corporate influence over many in the scientific community who tout GMO safety has made it difficult for consumers to know who to trust and what to believe about GMOs.

“The ‘science’ has become politicized and focused on serving markets,” said Pamm Larry, director of the LabelGMOs consumer group. “The industry controls the narrative, at least at the political level.” Larry and other pro-labeling groups say there are many studies indicating that GMOs can have harmful impacts.

This week, the French newspaper Le Monde added fresh reason for skepticism about GMO safety claims when it unveiled details of University of Nebraska professor Richard Goodman’s work to defend and promote GMO crops while Goodman was receiving funding from top global GMO crop developer Monsanto Co. and other biotech crop and chemical companies. Email communications obtained through Freedom of Information requests show Goodman consulting with Monsanto frequently on efforts to turn back mandatory GMO labeling efforts and mitigate GMO safety concerns as Goodman conducted “scientific outreach and consulting on GM safety” in the United States, Asia and the European Union.

Goodman is but one of many public university scientists engaged in such work. Similar collaborations have been revealed recently involving public scientists at several universities, including the University of Florida and the University of Illinois. Cumulatively, the relationships underscore how Monsanto and other industry players exercise influence in the scientific arena of GMOs and pesticides to push points that protect their profits.

In its examination of those concerns, the Le Monde article shines a light on how Goodman, who worked at Monsanto for seven years before moving to the public university in 2004, came to be named associate editor of the scientific journal Food and Chemical Toxicology (FCT) to oversee GMO-related research reports. Goodman’s naming to the FCT editorial board came shortly after the journal angered Monsanto with the 2012 publication of a study by French biologist Gilles-Eric Séralini that found GMOs and Monsanto’s glyphosate herbicide could trigger worrisome tumors in rats. After Goodman joined the FCT editorial board the journal retracted the study in 2013. (It was later republished in a separate journal.) Critics at the time alleged the retraction was tied to Goodman’s appointment to the journal’s editorial board. Goodman denied any involvement in the retraction, and resigned from FCT in January 2015.

The Le Monde report cited email communications obtained by the U.S. consumer advocacy group U.S. Right to Know (which I work for). The emails obtained by the organization show Goodman communicating with Monsanto about how best to criticize the Séralini study shortly after it was released “pre-print” in September 2012. In a Sept. 19, 2012 email, Goodman wrote to Monsanto toxicologist Bruce Hammond: “When you guys have some talking points, or bullet analysis, I would appreciate it.”

Emails also show that FCT Editor in Chief Wallace Hayes said Goodman started serving as associate editor for FCT by Nov. 2, 2012, the same month the Séralini study was published in print, even though Goodman was later quoted saying that he was not asked to join FCT until January 2013. In that email, Hayes asked Monsanto’s Hammond to act as a reviewer for certain manuscripts submitted to the journal. Hayes said the request for Hammond’s help was also “on behalf of Professor Goodman.”

The email communications show numerous interactions between Monsanto officials and Goodman as Goodman worked to deflect various criticisms of GMOs. The emails cover a range of topics, including Goodman’s request for Monsanto’s input on a Sri Lankan study submitted to FCT; his opposition to another study that found harmful impacts from a Monsanto GMO corn; and project funding from Monsanto and other biotech crop companies that makes up roughly half of Goodman’s salary.

Indeed, an October 2012 email exchange shows that around the time Goodman was signing on to the FCT journal and criticizing the Seralini study, Goodman was also expressing concern to his industry funders about protecting his income stream as a “soft-money professor.”

In an October 6, 2014 email, Goodman wrote to Monsanto Food Safety Scientific Affairs Lead John Vicini to say that he was reviewing an “anti-paper” and hoped for some guidance. The paper in question cited a 2014 report from Sri Lanka about a “possible exposure/correlation and a proposed mechanism for glyphosate toxicity related to kidney disease.” Glyphosate is the key ingredient in Monsanto’s Roundup herbicide and is used on Roundup Ready genetically engineered crops. The World Health Organization in 2015 said glyphosate was a probable human carcinogen after several scientific studies linked it to cancer. But Monsanto maintains glyphosate is safe.

In the email to Vicini, Goodman said he did not have the expertise needed and asked for Monsanto to provide “some sound scientific arguments for why this is or is not plausible.”

The emails show other examples of Goodman’s deference to Monsanto. As the Le Monde article points out, In May 2012, after the publication of certain comments by Goodman in an article on a website affiliate with the celebrity Oprah Winfrey, Goodman is confronted by a Monsanto official for “leaving a reader thinking that we really don’t know enough about these products to say if they are ‘safe.’” Goodman then wrote to individuals at Monsanto, DuPont, Syngenta, BASF and Dow and Bayer and apologized “to you and all of your companies,” saying he was misquoted and misunderstood.

Later in one July 30, 2012 email, Goodman notified officials at Monsanto, Bayer, DuPont, Syngenta and BASF that he has been asked to do an interview with National Public Radio about whether or not there is a relationship between GMO crops and increasing food allergies. In an Aug 1, 2012 reply, an official at Bayer offered him free “media training” before his interview.

The emails also show Goodman’s collaborative work with Monsanto to try to defeat GMO labeling efforts. In one October 25, 2014 email to Monsanto chief of global scientific affairs Eric Sachs and Vicini, Goodman suggests some “concepts and ideas” for advertisements that can educate “consumers/voters.” He wrote that it was important to convey the “complexity of our food supplies” and how mandatory labeling could add to costs if companies responded by sourcing more non-GMO commodities. He wrote of the importance of conveying those ideas to the Senate and the House, and his hope that “the labeling campaigns fail.”

The emails also make clear that Goodman depends heavily on financial support from St. Louis-based Monsanto and other biotech agricultural companies who provide funding for an “Allergen Database” overseen by Goodman and run through the Food Allergy Research and Resource Program at the University of Nebraska. A look at the sponsorship agreement for the allergen database for 2013 showed that each of six sponsoring companies were to pay roughly $51,000 for a total budget of $308,154 for that year. Each sponsor then can “contribute their knowledge to this important process,” the agreement stated. From 2004-2015, along with Monsanto, the sponsoring companies included Dow AgroSciences, Syngenta, DuPont’s Pioneer Hi-Bred International, Bayer CropScience and BASF. One 2012 invoice to Monsanto for the Food Allergen Database requested payment of $38,666.50.

The purpose of the database is aimed at “assessing the safety of proteins that may be introduced into foods through genetic engineering or through food processing methods.” The potential for unintended allergens in some genetically engineered foods is one of the common fears expressed by consumer groups and some health and medical experts.

In comments on the House floor, Rep. Jim McGovern (D-Mass.) said the QR codes were a gift to a food industry seeking to hide information from consumers. The law is “not what’s in the interest of the American consumer, but what a few special interests want,” he said. “Every American has a fundamental right to know what’s in the food they eat.”

Goodman, Monsanto and others in the biotech ag industry can celebrate their win in Congress but the new labeling law is likely to only breed more consumer skepticism about GMOs given the fact that it negates the type of transparency consumers seek – just a few simple words if a product is “made with genetic engineering.”

Hiding behind a QR code does not inspire confidence.

Following an Email Trail: How a Public University Professor Collaborated on a Corporate PR Campaign

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By Carey Gillam

Former University of Illinois food science professor Bruce Chassy is known for his academic gravitas. Now retired nearly four years, Chassy still writes and speaks often about food safety issues, identifying himself with the full weight of the decades of experience earned at the public university and as a researcher at the National Institutes of Health. Chassy tells audiences that before he retired in 2012, he worked “full time” doing research and teaching.

What Chassy doesn’t talk much about is the other work he did while at the University of Illinois – promoting the interests of Monsanto Co., which has been trying to overcome mounting public concerns about the genetically engineered crops and chemicals the company sells. He also doesn’t talk much about the hundreds of thousands of dollars Monsanto donated to the university as Chassy was helping promote GMOs, or Monsanto’s secretive role in helping Chassy set up a nonprofit group and website to criticize individuals and organizations who raise questions about GMOs.

But emails released through Freedom of Information Act requests show that Chassy was an active member of a group of U.S. academics who have been quietly collaborating with Monsanto on strategies aimed at not just promoting biotech crop products, but also rolling back regulation of these products and fending off industry critics. The emails show money flowing into the university from Monsanto as Chassy collaborated on multiple projects with Monsanto to counter public concerns about genetically modified crops (GMOs) – all while representing himself as an independent academic for a public institution.

A New York Times article by Eric Lipton published last September laid bare the campaign crafted by Monsanto and other industry players to use the credibility of prominent academics to push the industry’s political agenda. That Times article focused primarily on University of Florida academic Kevin Folta, chairman of the university’s Horticultural Sciences Department, and Folta’s work on behalf of Monsanto. But an examination of recently released email exchanges between Monsanto and Chassy show new depths to the industry efforts.

The collaborations come at a critical juncture in the United States regarding GMO public policy. Mandatory GMO labeling is set to take effect in Vermont on July 1; Congress is wrestling over a federal labeling law for GMOs; and several other states are seeking their own answers to rising consumer demand for transparency about this topic.

Many consumer and environmental groups want to see more restrictions and regulation on GMO crops and the glyphosate herbicide many know as Roundup, which is used on GMOs. But the companies that market the crops and chemicals argue their products are safe and there should be less regulation, not more. Monsanto’s roughly $15 billion in annual revenue comes almost exclusively from GMO crop technology and related chemicals.

Amid the furor, the revelations about corporate collaboration with public university scientists to promote GMOs have sparked a new debate about a lack of transparency in the relationships between academics and industry.

Chassy has said he did nothing unethical or improper in his work supporting Monsanto and the biotech crop industry. “As a public-sector research scientist, it was expected… that I collaborate with and solicit the engagement of those working in my field of expertise,” Chassy has stated.

Still, what you find when reading through the email chains is an arrangement that allowed industry players to cloak pro-GMO messaging within a veil of independent expertise, and little, if any, public disclosure of the behind-the-scenes connections.

CRITICAL COLLABORATIONS

  • In a November 2010 email, Monsanto chief of global scientific affairs Eric Sachs tells Chassy that Monsanto has just sent a “gift of $10,000” to the university “so the funds should be there.”  He then tells Chassy he is working on a plan for Monsanto and others in the agribusiness industry to support an “academics review” website that Chassy can use to counter concerns and allegations raised by critics of GMOs.  “From my perspective the problem is one of expert engagement and that could be solved by paying experts to provide responses,” Sachs wrote. “The key will be keeping Monsanto in the background so as not to harm the credibility of the information.”
  • In a separate 2010 exchange, Jay Byrne, president of the v-Fluence public relations firm and former head of corporate communications for Monsanto, tells Chassy he is trying to move the Academics Review project forward. He suggests “we work on the money (for all of us).” Byrne says that he has a list of GMO critics for Academics Review to target. He tells Chassy that the topic areas “mean money for a range of well-heeled corporations.”
  • In one email exchange from September 2011, Chassy suggests how the biotech crop industry might “spin” a government study that found significant levels of the chemical glyphosate, the key ingredient in Monsanto’s Roundup herbicide, in air and water samples.
  • In emails from 2012, Chassy and Monsanto’s Sachs and Monsanto’s John Swarthout, who leads the company’s “scientific outreach and issues management,” discuss an upcoming presentation Chassy is preparing to make in China. They discuss Monsanto’s review of, and changes to, the presentation.  Monsanto’s Sachs instructs Swarthout to send slide decks to Chassy as material for his presentation.
  • In April 2012, Monsanto toxicologist Bruce Hammond asks in an email if short videos can be created about the “safety of GM crops.” Chassy says that he is applying for funding from the State Department and “also seeking other sources of support” and can use university equipment to make the videos. Chassy asks Monsanto’s Hammond for a list of videos that “you think would be helpful.” Chassy tells Hammond that Byrne’s group V-fluence has helped create and edit the video scenarios.

EMAILS ABOUT MONEY 

The emails also discuss money.

  • In an October 2010 email, Chassy tells colleagues at the university that Monsanto has told him it is going to make a “substantial contribution” to his biotech account at the university.
  • In an October 2011 exchange, Chassy asked Sachs about a contribution for the university foundation biotech fund. The Monsanto executive responded that he would “make a gift to the foundation right away” if it had not already been made. Chassy instructs Monsanto to mail the check to the head of the university’s department of food science and to enclose a letter saying the check is “an unrestricted grant… in support of the biotechnology outreach and education activities of Professor Bruce M. Chassy.”
  • Also in May 2012, Monsanto made a $250,000 grant to the university to help set up an agricultural communications endowed chair. That donation was just a drop in the bucket of the donations from Monsanto – at least $1.9 million in the last five years, according to the university, – for agriculture-related projects.

CONTINUED CLOSE TIES

The close ties between Monsanto and Chassy continued past Chassy’s retirement in June 2012 from the university. Through 2013 and 2014 Chassy frequently appeared as an “independent expert” on the GMO Answers website, a pro-GMO site funded by Monsanto and other agribusiness giants. In that role, he answered questions and concerns about GMOs.

Chassy also has continued to operate Academics Review, publishing critical articles about individuals and organizations, including the World Health Organization’s cancer experts, that report information unfavorable for the GMO crop industry.  (I was the subject of at least two such attacks in 2014. Chassy objected to my presentation of both sides of the GMO safety debate in one Reuters article and objected to a second Reuters article that detailed the findings of a USDA report that found both benefits but also concerns associated with GMOs.)

When asked about its interactions with Chassy, Monsanto has said that there is nothing improper with its “engagements” with “public sector experts,” and that such collaborations help educate the public on important topics.  The university also has said it sees nothing wrong with the relations. A university spokeswoman said Chassy has “strong scientific credibility.”  She also said that Monsanto has given the university at least $1.9 million in the last five years.

But others familiar with the issues say the lack of transparency is a problem.

“These revelations regarding the connections are very important,” said George Kimbrell, senior attorney with the Center for Food Safety, a nonprofit consumer advocacy group. “The basic disclosure that some academics and other ‘neutral’ commentators in the public sphere are actually paid operatives/working directly with the chemical industry rightly alarms the public, as they are being misled.”

Revelations similar to these involving University of Florida Professor Kevin Folta’s connections to Monsanto did spark a public backlash after emails showed Folta received an unrestricted $25,000 grant and told Monsanto he would “write whatever you like.”  Folta said in a Jan. 18 blog that he no longer works with Monsanto because of the heated backlash.

Both Chassy and Folta have repeatedly written or been quoted in news articles that failed to disclose their connections to Monsanto and the GMO industry. In a recent example, Chassy has co-authored a series of articles that argue GMO labeling is a “disaster in waiting,” again with no disclosure of his collaboration with GMO developer Monsanto. His co-author is Jon Entine, founder of the PR firm ESG MediaMetrics, whose clients have included Monsanto, a connection Entine does not include in the article.

The revelations in the emails about Chassy, Folta and other assorted academics, leave many questions about who to trust, and how to trust, information critical to understanding our evolving food system. With food labeling issues at the forefront of debate, it’s time for more transparency.

Carey Gillam has worked as a journalist, researcher and writer specializing in the food and agriculture industry for nearly 20 years and has been recognized as one of the top food and agriculture journalists in the United States, winning several awards for her coverage of the industry. She recently left a career as senior correspondent for the Reuters international news service to become  Research Director at U.S. Right to Know, a nonprofit public interest group that works to inform the public about the U.S.  food industry and its often-hidden role in public policy.