Email of intrigue: “IARC is killing us!”

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As researchers we often look to documents to shed new light on issues important to food policy. Sometimes, they simply reflect what we already know.

That’s the case with one new communication string that adds to evidence of a far-reaching strategy by food industry players to discredit and diminish the world’s leading cancer research agency. We’ve already seen documents from Monsanto and other chemical industry interests laying out plans to tear apart the credibility of the International Agency for Research on Cancer (IARC) because of its classification of Monsanto’s weed killer glyphosate as a probable human carcinogen.

Now we see evidence that other food industry players are part of the scheme; working to head off potentially damaging IARC scrutiny of food additives such as aspartame, sucralose, and more.

The email of intrigue was obtained through a state open records request.  It shows communication between James Coughlin, a one-time scientist for Kraft General Foods Inc. who operates a food and “nutritional” consulting business, and Timothy Pastoor, a retired toxicologist with the agrochemical giant Syngenta AG who now runs his own “science communications” business. Also included on a portion of the email string is Monsanto PR man Jay Byrne, who runs a “reputation management” and public relations business, and Douglas Wolf, a former Environmental Protection Agency scientist now with Syngenta.

In the October 2016 email, Coughlin tells Pastoor how he’s been “fighting IARC forever!!” dating back to his time at Kraft. He relates the time he spent criticizing the international cancer agency to a U.S. House of Representatives staffer who was coordinating an effort to strip U.S. funding from IARC.

And then, articulating the deep fear the food industry holds for the cancer agency, he gets to the meat of the matter: “IARC is killing us!” he writes. The 2-page string can be found here. An excerpt is below:

Farmers Vs. Monsanto: The Glyphosate Trials

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“Science Week” in a federal court will decide if farmer cancer lawsuits move forward

Live updates from court hearings by Carey Gillam
Transcripts of Daubert Hearings posted here

News Release
For Immediate Release: Monday, March 5, 2018
For More Information Contact: Carey Gillam (913) 526-6190; Stacy Malkan (510) 542-9224

San Francisco, Calif.; March 5, 2018 — A federal court hearing in San Francisco this week will turn a spotlight on the science surrounding the world’s most widely used pesticide, glyphosate, and will determine whether farmers and their families will be able to proceed with legal action against Monsanto Co. over cancer concerns.

More than 365 lawsuits are pending against Monsanto in U.S. District Court in San Francisco, filed by people alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma, and that Monsanto covered up the risks.

The court has dubbed the March 5-9 events as “science week” because the only evidence to be presented will come from experts in cancer science, including epidemiologists, toxicologists, and biomedical statistical analysts called to analyze relevant research. The scientists will present their best scientific evidence to U.S. Judge Vince Chhabria, who will decide if the lawsuits move forward or are halted in their tracks.

Journalist and author Carey Gillam of U.S. Right to Know will be live blogging the event from the court house. Follow her posts here: https://usrtk.org/live-updates-monsanto-hearing/

See also: “Monsanto says its pesticides are safe: Now a court wants to see the proof,” by Carey Gillam, The Guardian.

Gillam is author of “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science” (Island Press, 2017) — “a gutsy, compelling read from beginning to end, especially for readers who enjoy the kind of hard-nosed, shoe-leather reporting that used to be the hallmark of great journalism,” according to the Society for Environmental Journalists’ BookShelf review.

Gillam is also research director of U.S. Right to Know, a consumer and public health watchdog group. USRTK is posting documents and analysis from the MDL glyphosate cancer cases on our Monsanto Papers page.

U.S. Right to Know is a nonprofit consumer and public health organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy.  For more information, see usrtk.org.

Corporate power, not public interest, at root of science committee hearing on IARC

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(First published in Environmental Health News)

Score another point for corporate power over protection of the public.

U.S. Rep Lamar Smith, chairman of the U.S. House of Representatives Committee on Science, Space, & Technology, has slated a full committee hearing for Feb. 6 with an agenda aimed squarely at attacking some of the world’s top cancer scientists.

Given the fact that cancer is the second-leading cause of death in the United States, it seems obvious that our lawmakers should be supporting cancer science rather than trying to thwart it. But Smith’s action comes after the World Health Organization’s International Agency for Research on Cancer ( IARC) angered Monsanto Co. when it declared the pesticide glyphosate, a key ingredient in Monsanto’s weed killing products, to be a probable carcinogen.

Though the hearing is titled “In Defense of Scientific Integrity: Examining the IARC Monograph Programme and Glyphosate Review,” the irony of the descriptor is not lost on those who have been following Smith’s efforts to derail and defund this cancer research agency.

In letters to IARC’s leadership, Smith has repeated false narratives and inaccurate news stories planted by Monsanto and chemical industry allies, and cited the “serious nature of these concerns related to expenditures of taxpayer dollars.”

It’s worth noting that the plan to put the International Agency for Research on Cancer on the hot seat was put into motion roughly three years ago when Monsanto predicted the international cancer scientists would find its weed killer to have carcinogenic potential. The company said as much in internal communications brought to light through recent litigation.

The documents also show that it was February 2015, a month before the IARC classification, when Monsanto executives laid out a strategic plan to discredit the cancer scientists. The plan was designed to “orchestrate outcry with IARC decision.”

The efforts to manipulate public perception about IARC ramped up last summer when Monsanto allies spoon-fed a false narrative to a Reuters reporter who produced a news story that shot around the globe and has been a key talking point for the chemical industry attack against IARC.

The story relied on the deposition of an IARC scientist named Aaron Blair and reported that Blair withheld critical information that would have altered the IARC glyphosate classification. Reuters never provided a link to the deposition, which at that point was not filed in any court and was not publicly available.

Chairman Smith ran with the story, stating that Blair “admitted to knowing that this research could have prevented” the classification of glyphosate as a probable carcinogen.

Anyone taking time to actually read the deposition, which is now public, would see that Blair never said any such thing, and in fact protested multiple times that the data in question was not fully analyzed and not published and thus was not suitable to be considered by IARC.

A similar false narrative pushed by the chemical industry and repeated by Smith accused IARC of deleting assessments finding no connection between glyphosate and cancer from its final report. Smith and team either don’t know or don’t care that IARC’s deletions were of Monsanto assertions that the cancer scientists said could not be substantiated.

IARC officials have detailed the falsehoods perpetuated against them by the chemical industry but the defense has fallen on deaf ears.

Monsanto needs to discredit the international cancer scientists because it was the IARC finding that triggered waves of lawsuits against Monsanto, and prompted moves to ban the chemical in some European countries.

But while Monsanto and other chemical industry interests are concerned about the billions of dollars in revenues they rake in annually from glyphosate-based products, the attack on this independent science group should have all of us concerned.

Approximately 39 percent of men and women living in the United States are expected to be diagnosed with cancer during their lifetimes, according to the National Cancer Institute.

For this year alone, the American Cancer Society has estimated there will be more than 1.68 million people newly diagnosed with cancer and more than 600,000 deaths from cancer. Worldwide, there are more that 14 million cases of cancer occurring each year, and that number is expected to hit nearly 22 million by 2030.

Cancer “affects almost everyone’s life, either directly or indirectly,” and beyond the toll on life and health it costs the United States more than $200 billion in medical costs and lost productivity, according to the U.S. Department of Health and Human Services (HHS).

In order to reduce deaths from cancer we have to put more emphasis on preventing it in the first place, and a big part of that “primary prevention” according to a 2016 report by the HHS National Toxicology Program (NTP) “is to identify the carcinogens.”

Clearly, the companies that sell chemicals linked to cancer prefer to see IARC defunded and dismantled. They’ve said as much through the disingenuously named Council for Accuracy in Public Health Research (CAPHR), a nonprofit established by the American Chemistry Council a year ago with the specific goal of promoting the “reform” of IARC.

But to see our lawmakers so eagerly promoting corporate interests when such dire public safety interests are at stake marks perhaps a new low in American politics. These are literally life and death matters.

Our public servants must be held to account, to support the scientists who work to identify carcinogens, and push back against the corporate interests who want to discredit the science that threatens its profits.

Scientific integrity should mean exactly that.

My Friend Died from Cancer Today

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By Carey Gillam

My friend died from cancer today.

His was a short, eight-month-long battle for survival, but it was a brutal one. Now his wife and young children are not planning for Christmas; instead they are planning his funeral.

This man’s passing is a tragedy for his family and friends to be sure. But it also serves as a sad reminder of the tight grip cancer has taken on so many lives.

Approximately 39 percent of men and women living in the United States are expected to be diagnosed with cancer at some point during their lifetimes, according to the National Cancer Institute. For this year alone, the American Cancer Society has estimated there will be more than 1.68 million people newly diagnosed with cancer and more than 600,000 deaths from cancer. Cancer is the second-leading cause of death in the United States.

One of the sinister twists to this creeping killer is that while we know the myriad types of cancers are caused by mutations to the DNA within cells, pinpointing exactly what agent or actions triggered the deadly DNA changes that led to a specific cancer in a specific individual is not easy.

Researchers say there are an array of causes for cancer, including an unhealthy diet, obesity and alcohol intake. Researchers also point to what they call “environmental pollutants” ― substances such asbestos, arsenic, benzene, chromium and, notably, the pesticides that have become pervasive in our lives in recent decades and are used by farmers in food production.

Data from our Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) show that foods we eat on a regular basis contain residues of hundreds of different pesticides, tiny invisible traces of insecticides and weed killers in thousands of commonly consumed foods, including fruits and vegetables. We are also exposed to pesticides in our drinking water, and through applications made to our parks and playgrounds, lawns and gardens and schoolyards. Pesticides are also often sprayed from the air across fields and forestry.

Research suggests a possible connection between pesticides and cancers such as non-Hodgkin lymphoma, multiple myeloma, and prostate, liver, pancreatic, lung and non-melanoma skin cancers. The American Academy of Pediatrics is so concerned that it is on record voicing its concerns about pesticides and ties to childhood cancers, and has called for greater protections from exposures.

The Pesticide Action Network North America, a consumer and environmental advocacy group, says that evidence is growing ever stronger that pesticide exposure is a key contributor to what the organization calls a “cancer epidemic.”

Worldwide, there are more that 14 million cases of cancer occurring each year, and that number is expected to hit nearly 22 million by 2030. Cancer “affects almost everyone’s life, either directly or indirectly,” and beyond the toll on life and health it costs the United States more than $200 billion in medical costs and lost productivity, according to the U.S. Department of Health and Human Services (HHS).

In order to reduce deaths from cancer we have to put more emphasis on preventing it in the first place, and a big part of that “primary prevention” has to do with addressing environmental causes, according to a 2016 report by the HHS National Toxicology Program (NTP). “An important step in primary prevention,” the NTP states, “is to identify the carcinogens.”

It is not a good sign that some members of Congress are now working to discredit and defund the International Agency for Research on Cancer (IARC), an arm of the World Health Organization specifically charged with identifying and classifying potential carcinogens. The actions by Republicans within the U.S. House of Representatives Committee on Science, Space, and Technology come after IARC angered Monsanto Co. when it declared the pesticide glyphosate, a key ingredient in Monsanto’s weed killing products, a probable carcinogen.

It is also not encouraging that President Trump nominated a pesticide safety advocate to oversee the Environmental Protection Agency’s chemical safety division. The nominee, Michael Dourson, has spent many years helping companies fight restrictions on potentially toxic chemicals. It is heartening, however, that strong opposition and outrage over Dourson’s nomination forced him to withdraw from consideration for the post on Wednesday.

Certainly, we all know someone with cancer or someone who has had it. But we cannot afford to become complacent, to accept this as normal, to allow politics to take precedence over public health. We need to work harder to support the science that identifies carcinogens, to encourage and fund research into alternatives to a toxic landscape, and to hold our regulators and lawmakers accountable for enforcing protective measures that limit our exposures to environmental pollutants.

I lost a friend to cancer today. It was just before dawn when he slipped away. A wife lost her husband of 30 years, a son and a daughter lost a father, and countless neighbors and friends lost a kind and generous soul, a man who devoted endless hours to coaching, mentoring and encouraging a community’s children alongside his own.

The losses are too great.

This article first appeared in the Huffington Post.

How Monsanto Manufactured ‘Outrage’ at IARC over Cancer Classification

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By Carey Gillam

Three years ago this month Monsanto executives realized they had a big problem on their hands.

It was September 2014 and the company’s top-selling chemical, the weed killer called glyphosate that is the foundation for Monsanto’s branded Roundup products, had been selected as one among a handful of pesticides to undergo scrutiny by the World Health Organization’s International Agency for Research on Cancer (IARC). Monsanto had spent decades fending off concerns about the safety of glyphosate and decrying scientific research indicating the chemical might cause cancer or other diseases. And even though the IARC review was still months away, Monsanto’s own scientists knew what the outcome would likely be—and they knew it wouldn’t be good.

Internal company records show not just the level of fear Monsanto had over the impending review, but notably that company officials fully expected IARC scientists would find at least some cancer connections to glyphosate. Company scientists discussed the “vulnerability” that surrounded their efforts to defend glyphosate amid multiple unfavorable research findings in studies of people and animals exposed to the weed killer. In addition to epidemiology studies, “we also have potential vulnerabilities in the other areas that IARC will consider, namely, exposure, genetox and mode of action…” a Monsanto scientist wrote in October 2014. That same email discussed a need to find allies and arrange funding for a “fight”—all months before the IARC meeting in March 2015.

And Monsanto predicted internally before IARC even met that the review of the scientific evidence would result in a decision that glyphosate “possibly” was carcinogenic or “probably” was. Monsanto officials had forecast the IARC decision in an internal “preparedness” plan that warned colleagues to “assume and prepare for the outcome…” The document shows Monsanto thought it most likely that IARC would peg glyphosate as a “possible human carcinogen.” The rating of probable carcinogen was “possible but less likely,” the Monsanto memo stated. IARC ultimately did classify glyphosate as “probably carcinogenic to humans.”

As the IARC meeting loomed, the internal documents show that Monsanto did not wait for the actual IARC decision before acting. It enlisted teams of PR and lobbying experts, scientists and others in a plan aimed at creating what was designed to appear as a storm of “outcry” and “outrage” to follow the IARC classification. IARC had a history of “questionable and politically charged rulings,” the Monsanto memo said.

The plan was to create enough controversy to thoroughly discredit IARC’s evaluation because Monsanto officials knew that regulators would be influenced by IARC, and continued widespread use of the top-selling chemical could be at risk.

“It is possible that IARC’s decision will impact future regulatory decision making,” Monsanto stated in its internal correspondence.

The timing was critical because in 2015 both the U.S. Environmental Protection Agency (EPA) and the European Commission were evaluating re-authorizations of Monsanto’s weed killer. Following IARC’s classification, both the European Union and the EPA delayed final decisions on glyphosate amid the still-brewing debate over the chemical’s safety.

“What this indicates to me is that it was obvious to Monsanto that there was evidence of carcinogenicity,” said Peter Infante, an epidemiologist who worked for more than 24 years for the U.S. government studying cancer risks to workers from exposure to toxic substances. “It would seem to me that Monsanto does not like the public to be informed of the cancer hazard.”

“What this indicates to me is that it was obvious to Monsanto that there was evidence of carcinogenicity.”

After the IARC ruling, a storm of protest did erupt from various individuals and organizations alongside Monsanto’s howls of indignant outrage. Some have questioned the wisdom of U.S. funding for IARC and Monsanto has perpetuated a false narrative that the chairman of the IARC working group withheld critical information from the team.

The document trail, which includes internal emails, memos and other communications obtained from Monsanto by plaintiffs’ attorneys through litigation pending in the U.S., makes clear that the debate over, and challenge to, IARC’s classification did not sprout authentically from a variety of voices, but rather was manufactured by Monsanto in advance of IARC’s decision and continued afterward. The goal was—and is—to convince regulators to discount the findings of the team of independent scientific experts who made up the IARC team that examined glyphosate.

The internal records obtained through litigation, combined with documents obtained through Freedom of Information Act (FOIA) and state records requests also show that the actions employed to discredit IARC were part of a decades-long pattern of deceptive tactics by Monsanto to persuade regulators, lawmakers and members of the press and public that glyphosate and Roundup are safe. The company has used these tactics multiple times over the years to try to discredit several scientists whose research has found harmful effects associated with glyphosate.

Orchestrate Outcry”

The IARC attack plan, which was laid out in a February 2015 memo, involved not only Monsanto’s internal PR people, scientists and marketing experts, but a range of outside industry players. Various individuals were assigned tasks. The “strategies and tactics” included:

  • “Orchestrate Outcry” with IARC Decision—Industry conducts robust media/social media outreach on process and outcome.
  • “Identify/request third-party experts to blog, op/ed, tweet and/or link, repost, retweet, etc.” The documents show one such “expert,” academic Henry Miller, was provided a draft article to submit to Forbes for publication under his name with no mention of Monsanto’s involvement. Forbes learned of the deceit last month and severed relations with Miller.
  • “Inform/Inoculate/Engage Industry Partners”—Notably the industry partners listed included three organizations that purport to be independent of Monsanto but have long been seen by critics as front groups for the company—Monsanto named Academics Review and the Genetic Literacy Project, both based in the U.S. and Sense About Science, which has run operations in the United Kingdom and the U.S., as groups to help with its mission. In fact, Sense About Science was the group identified by Monsanto to lead the industry response and “provide a platform for IARC observers.” The groups did as Monsanto planned, posting scathing attacks on IARC on their websites.
  • Engagement with Regulatory Agencies—Monsanto planned for grower associations/ growers to “write regulators with an appeal that they remain focused on the science, not the politically charged decision by IARC.”
  • “Push opinion leader letter to key daily newspaper on day of IARC ruling” with assistance of the Potomac Group marketing firm.

The preparedness plan also called for supporting “the development of three new papers on glyphosate focused on epidemiology and toxicology.” As planned, shortly after the IARC decision Monsanto arranged for several scientists—many of them former employees or paid consultants—to author and publish research papers supporting glyphosate safety. It was revealed through discovery documents that Monsanto discussed ghostwriting the papers. In one email, company scientist William Heydens told colleagues the company could “ghost-write” certain reports that would carry the names of outside scientists—”they would just edit & sign their names so to speak,” he wrote. He cited as an example a 2000 study that has been regarded as influential by regulators. Documents show Monsanto’s heavy writing and editing involvement in the resulting purportedly “independent” review.

Monsanto has adamantly denied ghostwriting, but one memo from August 2015 from the files of Monsanto scientist David Saltmiras actually uses that term, stating that he “ghostwrote cancer review paper Greim et al (2015)…” referring to a paper that showed authorship by German scientist Helmut Greim along with Saltmiras. (Monsanto has acknowledged that Greim worked as a consultant to the company with part of his job being to publish peer-reviewed data on glyphosate).

Another internal email illustrates the writing by a Monsanto scientist of a research paper titled “Developmental and Reproductive Outcomes… after Glyphosate Exposure.” The scientist, Donna Farmer, did extensive work, including what she called a “cut and paste” of certain information. But her name was not included as an author before the paper was submitted to a journal. The published version concluded there was “no solid evidence linking glyphosate exposure to adverse developmental or reproductive effects.”

The paper trail of documents also show that Monsanto feared that a U.S. health agency planning to review glyphosate in 2015 might agree with IARC and collaborated with the EPA to successfully block that agency—the Agency for Toxic Substances & Disease Registry (ATSDR)—from doing its review. “We’re trying to do everything we can to keep from having a domestic IARC occur,” a company official wrote. 

The record also shows that well before IARC, Monsanto recruited networks of academic scientists in the U.S and Europe who have defended Monsanto’s products, including its weed killer, without declaring their collaborations with Monsanto. And that these silent soldiers helped Monsanto discredit scientists who reported research showing harm associated with glyphosate and Roundup, including working at Monsanto’s bidding to get one damaging study by French scientist Gilles-Éric Séralini retracted from a scientific journal where it was published in September 2012. The company even discounted concerns by one of its own paid consultants who found evidence of glyphosate’s genotoxicity and refused to do the additional tests he recommended.

If what Monsanto says is true, that glyphosate is so very safe, and that there is no evidence it causes cancer or other health problems, then why all the smoke and mirrors? Why would the company need to ghostwrite research papers to present to regulators? Why would Monsanto need to establish networks of scientists to promote glyphosate safety and to tear down scientists whose research raises concerns? Why would Monsanto try to block a review of glyphosate by the U.S. ATSDR?

Two committees of the European Parliament have scheduled a hearing for Oct. 11 in Brussels to delve into these and other questions as the European Commission faces a looming deadline for making a decision on the re-authorization of glyphosate before the end of 2017.

Lawmakers should take note of evidence that their own food safety agency appears to have dropped the ball on independent assessments of glyphosate research. Records show that the European Food Safety Authority (EFSA) dismissed a study linking Monsanto’s weed killer to cancer at the advice of an EPA official who Monsanto deemed “useful” and who is part of a probe now into possible collusion between the EPA and Monsanto.

They should also pay heed to news that EFSA based its recommendation on glyphosate on a report that copied and pasted analyses from a Monsanto study.

Monsanto Chairman Hugh Grant was invited to address the Parliament meeting in October, but declined to appear or to send anyone else from Monsanto. Dr. Roland Solecki, head of chemical safety for the German Federal Institute for Risk Assessment (BfR), has also declined, according to organizers. I do plan to participate, as will a representative from IARC and several others.

Throughout this debate, it is worthwhile to remember that the concerns about glyphosate safety have deep roots that date all the way back to at least 1985 when EPA toxicologists looked at data showing rare tumors in mice dosed with glyphosate and determined that glyphosate was “possibly carcinogenic to humans.”

Monsanto protests eventually reversed that classification but in light of all of the deceptive tactics recently revealed in documents, the words of an EPA scientist more than 30 years ago are worth considering today: “Glyphosate is suspect… Monsanto’s argument is unacceptable.”

The EPA scientist in that 1985 memo also wrote: “Our viewpoint is one of protecting the public health when we see suspicious data. It is not our job to protect registrants…”

European lawmakers would be wise to recall those words.

This article was originally published in EcoWatch.

Carey Gillam is a veteran reporter and author of Whitewash – The Story of a Weed Killer, Cancer and the Corruption of Science. She is research director for U.S. Right to Know, a nonprofit consumer watchdog group working for truth and transparency in our food system.  

Controversy, questions surround California’s listing of weed killer as cancer cause

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By Carey Gillam

This article originally appeared in Environmental Health News on July 7, 2017.

California’s official listing today of the world’s most widely used weed killer as a known carcinogen marks a milestone in what has been years of debate over the safety of the pesticide called glyphosate. But it by no means marks the end of controversy over the chemical, or arguments over what warnings – if any – should be placed on an herbicide that is a mainstay for U.S. farming and for maintaining household lawns and gardens, city parks and school grounds.

Officials with California’s Office of Environmental Health Hazard Assessment (OEHHA) have until early April to work out guidelines for glyphosate product warnings before requirements for such warnings take effect in July 2018. At the same time, OEHHA continues to face a court challenge from Monsanto Co., which introduced glyphosate more than 40 years ago, and makes billions of dollars off glyphosate-based Roundup herbicides. The chemical, now off patent, is also active in hundreds of other herbicide products.

“We will continue to aggressively challenge this improper decision.”-Monsanto 

“This is not the final step in the process… We will continue to aggressively challenge this improper decision,” Monsanto said in a statement.

California’s move to list glyphosate as a known carcinogen was triggered by the March 2015 decision by the International Agency for Research on Cancer (IARC) to classify glyphosate as a probable human carcinogen.

Under a state law known as Proposition 65, California is required to add a chemical to a list of known cancer-causing substances if it garners such a classification by IARC. The law then requires businesses to notify Californians about significant amounts of listed chemicals in products or released into the environment.

A particularly contentious part of the ongoing battle now surrounds what level of exposure California might allow without any warnings. The state has proposed what some see as an overly generous “safe harbor” or “No Significant Risk Level” (NSRL) for glyphosate at 1100 micrograms a day, meaning exposure levels and discharges into drinking water sources below that benchmark would be exempt from warning requirements.

That level is significantly higher than amounts that have been shown to have cancer-causing effects in several animal studies, however. Critics point to studies that have shown tumor developments in animals at doses of glyphosate lower than 850 mg/kg/day and even lower than 250 mg/kg/day.

“That NSRL would not be sufficiently health protective… We strongly urge OEHHA to uphold its statutory purpose to protect humans from the harmful impacts of glyphosate and lower the NSRL…” a group of scientists and environmental and food safety advocates told OEHHA in a letter.

Nathan Donley, Senior Scientist with the Center for Biological Diversity, said the research OEHHA relied on showed an “uncharacteristic” dose response to glyphosate, and if OEHHA would take other studies into account it would result in a dramatic lowering of the NSRL.

“The implications are enormous and it’s incredibly important that they get this right,” he said.

Adding intrigue to the debate, lawyers for scores of cancer victims currently suing Monsanto over Roundup have turned up documents showing that before California regulators set the NSRL they met privately with Monsanto. Documents obtained from OEHHA include notes from one October 7, 2015 meeting between OEHHA staff and Monsanto officials and indicate the parties discussed the company’s ideas about an calculating an NSRL and what studies should be looked at for development of that NSRL.

Among the attendees listed on an OEHHA memo were the agency’s Chief Deputy Director Allan Hirsch, Deputy Director for Scientific Affairs Melanie Marty, and Chief Counsel Carol Monahan-Cummings. The handwritten notes indicate that there was some discussion of what has long been a Monsanto talking point on glyphosate – that if glyphosate isn’t used, other, more-toxic herbicides might be used instead.

California attorney Pedram Esfandiary, whose firm is representing multiple cancer victims suing Monsanto, also believes California regulators have not incorporated adequate study data into their calculation of the NSRL. He said evidence developed through the litigation pending in federal court against Monsanto shows the company has withheld important information regarding glyphosate carcinogenicity.

Some documents obtained through the litigation have already prompted an investigation by the inspector general for the U.S. Environmental Protection Agency into whether or not an EPA official engaged in collusion with Monsanto regarding the safety assessment of glyphosate. And there are many more relevant documents the lawyers are working to unseal now.

“Additional documents pertinent to the Safe Harbor NSRL and Roundup/glyphosate carcinogenicity are presently still under seal and it is strongly recommended that OEHHA obtain access to such documents before OEHHA takes the potentially precarious step of issuing an NSRL of 1100 micrograms,” Esfandiary and three other attorneys involved in the case said in a letter to OEHHA. “The known dangers of glyphosate warrant extensive investigation before Californians are exposed to any amount…”

OEHHA spokesman Sam Delson defended the agency’s proposed NSRL but said it is possible that OEHHA could change the NSRL for glyphosate as the agency reviews the input it has received from outside parties. NSRLs are developed to determine the level of exposure from an individual source that would cause a 1-in-100,000 lifetime cancer risk.

“We developed the proposed NSRL based on the best scientific information available to us. Neither Monsanto nor any other group or individual influenced the proposed NSRL beyond submitting comments or information for our consideration.” He noted that Monsanto opposes the proposed NSRL. Indeed, at a recent public hearing Monsanto representatives said the only acceptable NSRL for glyphosate would be “infinity.”

Several of the state’s Prop. 65 listings have drawn controversy and litigation but none have created the uproar that glyphosate has, according to Delson. “The decision to list glyphosate as a cancer cause has drawn by far the largest number of written comments ever received,” he said. More than 10,600 comments were submitted to OEHHA regarding the glyphosate listing and the NSRL issue.

The deadline for adoption of the NSRL is early April, Delson said. The goal is to have the NSRL finalized before the warning requirement takes effect in July 2018 so that companies will be able to determine whether they need to provide warnings and/or reformulate products in ways that allow them to avoid the need for warnings. Food products containing glyphosate residues that cause an exposure exceeding the final NSRL would be included in the warning requirement, Delson said.

As recently as June 20, Monsanto was continuing to press OEHHA to drop or delay the glyphosate listing, arguing that the IARC classification was invalid. OEHHA denied the request, clearing the way for the July 7 listing.

The company also continues to press the issue in the courts; it’s lawsuit against OEHHA was dismissed by a Fresno County Superior Court judge in March but Monsanto appealed the dismissal and that appeal is still pending. The company’s effort to block the listing while the appeal is pending failed.

Carey Gillam is the Research Director at U.S. Right to Know and a veteran journalist who specializes in coverage of food, agriculture and environmental issues.

Monsanto Spin Doctors Target Cancer Scientist In Flawed Reuters Story

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In a well-orchestrated and highly coordinated media coup, Monsanto Co. and friends this week dropped a bombshell on opponents who are seeking to prove that the company’s beloved Roundup herbicide causes cancer.

A widely circulated story published June 14 in the global news outlet Reuters (for which I formerly worked) laid out what appeared to be a scandalous story of hidden information and a secretive scientist, “exclusive” revelations that the story said could have altered a critical 2015 classification that associated Monsanto’s Roundup to cancer and triggered waves of lawsuits against Monsanto.

It was a blockbuster of a story, and was repeated by news organizations around the globe, pushed by press releases from Monsanto-backed organizations and trumpeted by industry allies like the American Chemistry Council.

It was also flawed and misleading in a number of critical respects.

Authored by Reuters’ reporter Kate Kelland, who has a history of cozy relations with a group partly funded by agrichemical company interests, the piece accused a top epidemiologist from the U.S. National Cancer Institute of failing to share “important” scientific data with other scientists as they all worked together assessing the herbicide glyphosate for the International Agency for Research on Cancer (IARC). That group reviewed a wide body of research on glyphosate and determined in March of 2015 that the pesticide should be classified as a probable human carcinogen. Had the group known of this missing data, it’s conclusion could have been different, according to Reuters.

The story was particularly timely given glyphosate and Roundup are at the center of mass litigation in the United States and under scrutiny by U.S. and European regulators. After the IARC classification, Monsanto was sued by more than 1,000 people in the United States who claim they or their loved ones got non-Hodgkin lymphoma (NHL) from exposure to Monsanto’s glyphosate-based Roundup and the company and the cases could start going to trial next year. Roundup is the most widely used herbicide in the world and brings in billions of dollars a year for Monsanto. The company insists the IARC classification is meritless and the chemical is proven safe by decades of research.

So yes, it was a big story that scored big points for Monsanto in the debate over glyphosate safety. But drilling deeply into the sourcing and selective nature of the Reuters piece makes it clear the story is not only seriously flawed, but that it is part of an ongoing and carefully crafted effort by Monsanto and the pesticide industry to discredit IARC’s work.

The story contains at least two apparent factual errors that go to the credibility of its theme. First the story cites “court documents” as primary sources when in fact the documents referred to have not been filed in court and thus are not publicly available for reporters or members of the public to access. Kelland does not share links to the documents she references but makes it clear her information is largely based on a deposition from Aaron Blair, the National Cancer Institute epidemiologist who chaired the IARC working group on glyphosate, as well as related emails and other records. All were obtained by Monsanto as part of the discovery process for the Roundup litigation that is pending in federal court in San Francisco. By citing court documents, Kelland avoided addressing whether or not Monsanto or its allies spoon-fed the records to her. And because the article did not provide a link to the Blair deposition, readers are unable to see the full discussion of the unpublished study or the multiple comments by Blair of many other studies that do show evidence of links between glyphosate and cancer. I’m providing the deposition here, and disclosing that I requested and obtained it from attorneys involved in the Roundup litigation after Kelland’s story was published.

Second, the story relies in part on an anti-IARC view of a scientist named Bob Tarone and refers to him as an “independent” expert, someone “independent of Monsanto.” Kelland quotes Tarone as saying that IARC’s evaluation of glyphosate is “flawed and incomplete.” Except, according to information provided by IARC, Tarone is far from independent of Monsanto; Tarone in fact has acknowledged that he is a paid consultant to Monsanto, and a piece cited by Reuters and authored by Tarone last year in a European scientific journal is being recorrected to reflect Tarone’s conflict of interest, according to IARC, which said it has been in communication with that journal.

But much more noteworthy than the errors is how selective the story is in pulling from the Blair deposition. The story ignored Blair’s many affirmations of research showing glyphosate connections to cancer, and focused instead on Blair’s knowledge of one unpublished research study that was still in progress. The story hones in on speculation that the data perhaps could have been finished and published in time to be reviewed by IARC and further speculation by Blair, prodded by a Monsanto attorney, that had it been finished and had it been published it could have helped counter the other studies IARC viewed that showed positive cancer connections.

That research, part of a massive ongoing project by U.S. government researchers called the Agricultural Health Study, includes hundreds of studies and years of data analyzing pesticide impacts on farmers. Blair, who retired from the National Cancer Institute in 2007, was not leading that research but was part of a team of scientists who in 2013 were analyzing data about pesticide use and the risk of non-Hodgkin lymphoma. The data specific to glyphosate did not show a connection to NHL but in working to publish a paper about all the data the group had gathered, they decided to narrow the focus to insecticides and in 2014 did publish a paper on that work. The data on glyphosate and NHL has yet to be published, and some scientists who are familiar with the work say it has not tracked people long enough yet to be definitive given NHL generally takes 20 or more years to develop. A prior compilation of data by AHS researchers that also showed no connection between glyphosate and NHL was published in 2005 and was considered by IARC. But because the newer data was not published it was not considered by IARC.

Blair said the decision to limit the published work to insecticides was to make the data more manageable and was made well before IARC announced it would be looking at glyphosate in 2015.

“The rule is you only look at things that are published,” Blair told me this week after the Reuters story was published. “What would it be like if everyone on the working group whispered things they knew but weren’t published and made decisions on that?” IARC confirmed it does not consider unpublished research. In his deposition, Blair states that nothing has changed his opinion about glyphosate and NHL.

Epidemiologist and University of Toronto scientist John McLaughlin, who sat on the glyphosate working group for IARC with Blair, said to me in a note this week that the information about the unpublished work written about by Reuters did not alter his view of the validity of IARC conclusion on glyphosate either.

Also left out of the Reuters story – the deposition and a draft copy of the study in question shows that there were concerns about the AHS results due to “relatively small” subgroups of exposed cases. And notably, the Reuters report leaves out Blair’s discussion of the North American Pooled Project, in which he participated, which also contains data related to glyphosate and NHL but is not favorable to Monsanto. A synopsis of that project presented to the International Society for Environmental Epidemiology in 2015 showed that people who used glyphosate for more than five years had significantly increased odds of having NHL, and the risk was also significantly higher for people who handled glyphosate for more than two days per year. That information, like the new AHS data, was not given to IARC because it wasn’t yet published.

“When Dr. Blair’s deposition transcript is read in total, it shows that nothing was wrongfully withheld from IARC,” said Plaintiffs’ attorney Aimee Wagstaff. She said Monsanto was using pieces of the deposition to “further its agenda in the media.”

To epidemiologist Peter Infante, who spent more than 20 years leading a cancer identification unit at the Occupational Safety and Health Administration and analyzed a body of epidemiology research on glyphosate in testimony to an Environmental Protection Agency (EPA) Scientific Advisory Committee in December, the attention drawn to unpublished data that supports Monsanto’s position is much ado about nothing.

“You still have other studies that show dose response,” he told me. “This Agricultural Health Study is not the gold standard. For glyphosate and NHL they haven’t been following people long enough. Even if the data had been published and had been considered by IARC it would be in the context of all the other study results.”

And finally, in an odd exclusion, the story fails to disclose that Kelland herself has at least tangential ties to Monsanto and friends. Kelland has helped promote an organization called the Science Media Centre, a group whose aim is to connect certain scientists such as Tarone with journalists like Kelland, and which gets its largest block of funding from corporations that include the agrichemical industry. Current and past funders include Monsanto, Monsanto’s proposed merger partner Bayer AG, DuPont and agrichemical industry lobbyist CropLife International. Kelland appears in a promotional video for SMC touting the group and authored an essay applauding the SMC that appeared in a SMC promotional report.

As a Reuters reporter for 17 years (1998-2015) I know the value of an “exclusive.” The more such scoops a reporter garners, the more bonus points and high praise from editors. It’s a system seen in many news agencies and it works great when it encourages dogged, investigative journalism. But powerful corporations like Monsanto also know how eager reporters are to land exclusives and know that handing favored journalists cherry-picked information with the promise of exclusivity can serve their public relations needs quite well. Follow up the hand-fed story with a press release from an industry-funded outlet and calls for an investigation from the industry group American Chemistry Council and you have propaganda gold.

What you don’t have is the truth.

Canadians Report Weed Killer Detected in 30 Percent of Food Tested

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The Canadian Food Inspection Agency has gone where the U.S. government dares not tread – testing thousands of foods commonly consumed by its citizens for residues of a controversial herbicide linked to cancer. And the findings are less than appetizing.

The agency said it found the pesticide known as glyphosate, the key ingredient in Monsanto Co.’s Roundup branded herbicides and other products, in 29.7 percent of 3,188 foods tested in 2015 and 2016. Glyphosate was found in 47.4 percent of beans, peas and lentil products; 36.6 percent of grain products; and 31 percent of baby cereals, the agency report states.

Only 1.3 percent of the total samples were found with glyphosate residue levels above what Canadian regulators allow, though 3.9 percent of grain products contained more of the weed killer than is permissible. These legally allowable levels are referred to as Maximum Residue Limits (MRLs), and they vary from food to food and pesticide to pesticide, as well as from country to country. Regulators and agrichemical industry interests say as long as residue levels are lower than the established MRLs, consuming the pesticide residues is not harmful to humans. But a growing number of scientists and medical professionals say such claims are false, particularly with pesticides like glyphosate, which is the most widely used agrichemical on the planet, commonly used in the production of dozens of food crops. Glyphosate is sprayed directly onto crops like corn, soybeans, sugar beets and canola, all of which are genetically engineered to tolerate the pesticide. Monsanto has also encouraged farmers to spray the chemical directly on oats, wheat, peas and lentils shortly before harvest to help dry them out.

“It’s all guesswork, and not based on a lot,” Dr. Bruce Blumberg, Professor of Developmental and Cell Biology in the University of California, Irvine’s School of Biological Sciences said of the MRLs. “Nobody is actually measuring levels of this pesticide in humans. They don’t do that but they should.”

The World Health Organization’s International Agency for Research on Cancer classified glyphosate as a probable human carcinogen in 2015 and said years of research on the chemical shows strong evidence of genotoxicity and oxidative stress from glyphosate, including findings of DNA damage in the peripheral blood of exposed humans. Many regulatory bodies, including the U.S. Environmental Protection Agency, have determined glyphosate is not carcinogenic, but the issue is the subject of much controversy. Internal Monsanto documents revealed through litigation in California indicate that the company may have ghost-written studies attesting to the safety of the chemical that were relied on by regulators. They also show the company discussing an EPA official that may help “kill” a cancer study of glyphosate.

Oddly, the USDA did intend to start testing some food samples for glyphosate this year, with a start date of April 1, agency documents obtained through Freedom of Information Act requests show. But the agency decided to abandon that plan earlier this year. As well, the FDA started its first-ever glyphosate testing program last year but suspended that “special assignment” in September. Even the CFIA has handled the glyphosate testing in a curious manner: The agency said it would not release detailed data on glyphosate residues found in food because it is considered “confidential business information.”

A source within the FDA said there has been political pressure not to delve too deeply into the issue of glyphosate residues. But both the USDA and FDA have said their reasons for not testing have nothing to do with outside influence and are purely based on the fact that glyphosate is more difficult and expensive to test for than other pesticides, and the fact that it is considered safe. The FDA has said it is working on resuming its limited testing of corn, soy, eggs and milk for glyphosate residues.

“I’m not sure what is going on, but it doesn’t smell good,” said Blumberg, who has been active in lobbying Irvine school districts and city leaders to reduce their use of glyphosate and other pesticides in public areas.

Monsanto Weed Killer: Scientific Manipulation Revealed

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Also see: MDL Monsanto Glyphosate Cancer Case Key Documents and Analysis
and US Right to Know Sues EPA for Release of Glyphosate Documents

By Carey Gillam 

The puzzle pieces are starting to fall into place, but so far it’s not a pretty picture.

A series of internal Monsanto Co. documents revealed this week via a court order show that the company’s long-standing claims about the safety of its top-selling Roundup herbicide do not necessarily rely on sound science as the company asserts, but on efforts to manipulate the science.

Congressman Ted Lieu of California has called for an investigation by Congress and the Department of Justice to look into the matter, and he is advising consumers to “immediately” stop using Roundup.

“We need to find out if Monsanto or the Environmental Protection Agency misled the public,” Lieu said in a statement.”

Hundreds of pages of emails and other records became part of a public court file this week over Monsanto objections after a federal judge in San Francisco ordered they would no longer be kept sealed despite potential “embarrassment” to Monsanto. U.S. District Judge Vince Chhabria is overseeing more than 55 lawsuits brought by individuals filed by people from around the United States who allege that exposure to Monsanto’s Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma. In addition to those cases, which are moving forward jointly in what is known as “multdistrict litigation (MDL), hundreds of other cases making similar claims are pending in state courts.

Questions about the key ingredient in Roundup, a chemical called glyphosate, have been circulating for years amid mounting research showing links to cancer or other diseases. The International Agency for Research on Cancer in 2015 classified glyphosate as a probable human carcinogen and many international scientists have reported research that shows the chemical can have a range of harmful impacts on people.

The plaintiffs in the lawsuit allege that the combination of glyphosate with certain surfactants used in Monsanto-branded Roundup products is even more toxic than glyphosate alone, and Monsanto has sought to cover up that information.

Monsanto has denied that there are cancer connections to glyphosate or Roundup and says 40 years of research and scrutiny by regulatory agencies around the world confirm its safety. On Wednesday a European Chemicals Agency’s committee said its review found glyphosate is not a carcinogen.

Documents seem to show a company less interested in exploring mounting concerns about its products than in protecting the billions of dollars in revenue it makes each year from the herbicides.

But a look at the documents obtained by plaintiffs from Monsanto as part of court-ordered discovery seem to show a company less interested in exploring mounting concerns about its products than in protecting the billions of dollars in revenue it makes each year from the herbicides. The documents show discussions by Monsanto officials about many troubling practices, including ghostwriting a glyphosate manuscript that would appear to be authored by a highly regarded, independent scientist who Monsanto and other chemical industry players would pay for participation. One such scientist would need “less than 10 days” to do the work needed but would require payment of more than $21,000, the records show.

In a 2015 email, Monsanto executive William Heydens suggested that Monsanto employees could ghostwrite a research paper as he said had been done in the past: “We would be keeping the cost down by us doing the writing and they would just edit & sign their names so to speak,” Heydens wrote.

The internal communications also show company executives expressing dissatisfaction with a scientist who had concerns about glyphosate, and an unwillingness to do the studies he suggested needed to be done. Monsanto officials discussed a need to “find/develop someone who is comfortable with the genetox profile of glyphosate/Roundup and who can be influential with regulators… when genetox issues arise.”

Other records show an internal discussion of how glyphosate and surfactants it is formulated with work together in penetrating human skin upon exposure; documents that discuss a need to “protect” formulations that use tallow amine as a surfactant despite formulations, despite concerns about enhanced toxicity when glyphosate and tallow amine are combined.

And perhaps most damning – the internal records indicate that a senior EPA official in the agency’s pesticide division worked collaboratively with Monsanto to protect glyphosate’s safety record. Jess Rowland, who headed an EPA Cancer Assessment Review Committee (CARC) report that backed the safety of glyphosate, told Monsanto he would try to block a planned U.S. Department of Health and Human Services’ review of glyphosate’s safety, saying: “If I can kill this I should get a medal,” according to a 2015 internal Monsanto email.

Rowland “could be useful as we move forward with ongoing glyphosate defense,” Dan Jenkins, Monsanto’s chief regulatory liaison, wrote in a 2015 email. Rowland left the agency shortly after the CARC report was leaked to the public, posted to an agency website in late April 2016 before it was deleted a few days later. Plaintiffs’ attorneys hope to depose Rowland within the next few weeks, though the EPA has opposed the deposition.

The documents released this week provide only a snapshot of the internal workings of Monsanto when it comes to glyphosate, and the company has argued that the emails and other communications are being taken out of context by plaintiffs’ attorneys and media. The company’s work is built on “sound science,” and “governed by the highest principles of integrity and transparency,” Monsanto states.

The EPA has also consistently defended the safety of glyphosate, issuing a report in September that concluded that glyphosate was “not likely carcinogenic to humans.”

But in a report released Thursday, a special advisory panel to the EPA said they could not fully agree with that determination. Some of the panel members who reviewed the research said studies on glyphosate “suggest a potential for glyphosate to affect cancer incidence.” The group said the EPA was improperly discounting the findings of some studies, and “many of the arguments put forth” by the EPA as supporting glyphosate safety “are not persuasive.”

Real answers about the real impacts of Roundup on human health are long overdue, considering the fact that glyphosate is the most widely used herbicide in the world, and is commonly found in food and water and human urine samples.

“The importance of this issue of whether Roundup causes cancer is immense,” the plaintiffs’ attorneys stated in a recent court filing. “Unfortunately, Monsanto is not forthcoming with sharing information on Roundup with the public.”

This story originally appeared in Huffington Post. Sign up to receives breaking news and updates from US Right to Know: https://usrtk.org/sign-up/

Questions about EPA-Monsanto collusion raised in cancer lawsuits

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Now  it’s getting interesting.

A new court filing made on behalf of dozens of people claiming Monsanto Co.’s Roundup herbicide gave them cancer includes information about alleged efforts within the Environmental Protection Agency to protect Monsanto’s interests and unfairly aid the agrichemical industry.

The filing, made late Friday by plaintiff’s attorneys, includes what the attorneys represent to be correspondence from a 30-year career EPA scientist accusing top-ranking EPA official Jess Rowland of playing “your political conniving games with the science” to favor pesticide manufacturers such as Monsanto. Rowland oversaw the EPA’s cancer assessment for glyphosate, the key ingredient in Monsanto’s weed-killing products, and was a key author of a report finding glyphosate was not likely to be carcinogenic. But in the correspondence, longtime EPA toxicologist Marion Copley cites evidence from animal studies and writes: “It is essentially certain that glyphosate causes cancer.”

Attorneys for the plaintiffs declined to say how they obtained the correspondence, which is dated March 4, 2013. The date of the letter comes after Copley left the EPA in 2012 and shortly before she died from breast cancer at the age of 66 in January 2014. She accuses Rowland of having “intimidated staff” to change reports to favor industry, and writes that research on glyphosate, the key ingredient in Monsanto’s Roundup, shows the pesticide should be categorized as a “probable human carcinogen.” The International Agency for Research on Cancer, an arm of the World Health Organization, declared as much – that glyphosate was a probable human carcinogen – in March 2015 after reviewing multiple scientific studies. Monsanto has rejected that classification and has mounted a campaign to discredit IARC scientists.

The communication, if authentic, could be an explosive development in the snowballing multi-district litigation that now comprises more than 60 plaintiffs from around the United States accusing Monsanto of covering up evidence that Roundup herbicide could cause cancer. The plaintiffs, all of whom are suffering from non-Hodgkin lymphoma (NHL) or lost a loved one to NHL, have asserted in recent court filings that Monsanto wielded significant influence within the EPA’s Office of Pesticide Programs (OPP), and had close ties specifically to Rowland, who until last year was deputy division director within the health effects division of the OPP. Rowland managed the work of scientists who assessed human health effects of exposures to pesticides like glyphosate and he chaired the EPA’s Cancer Assessment Review Committee (CARC) that determined glyphosate was “not likely to be carcinogenic to humans.” Rowland left the EPA in 2016 shortly after a copy of the CARC report was leaked and cited by Monsanto as evidence that the IARC classification was flawed.

Lawyers for the plaintiffs want the federal judge in the case to lift a seal on documents that detail Monsanto’s interactions with Rowland regarding the EPA’s safety assessment of glyphosate. Monsanto turned the documents over in discovery but marked them “confidential,” a designation plaintiffs’ attorneys say is improper. They also want to depose Rowland. But Monsanto and the EPA object to the requests, court documents show. Rowland could not be reached for comment, and the EPA declined to comment about the court matters.

“The Plaintiffs have a pressing need for Mr. Rowland’s testimony to confirm his relationship with Monsanto and EPA’s substantial role in protecting the Defendant’s business…” plaintiff’s attorneys wrote in the Feb. 10 filing in the multi-district litigation, which has been consolidated in the U.S. District Court for the Northern District of California. “Mr. Rowland operated under Monsanto’s influence to cause EPA’s position and publications to support Monsanto’s business.”

The EPA has spent the last few years assessing the health and environmental safety profile of glyphosate as global controversy over the chemical has mounted. The agency had planned to finish its risk assessment on glyphosate in 2015; then said it would be completed in 2016; then said it would be finished by the first quarter of 2017. Now the agency says it hopes to have it completed by the end of the third quarter of 2017.

MONSANTO WANTS DOCUMENTS KEPT SECRET

In a bid to stop the release of further damning documents, attorneys for Monsanto on Monday asked the federal judge in the Roundup litigation to block plaintiffs’ attorneys from including copies of documents they’ve obtained through discovery as exhibits in the court filings because members of the public and the media can see them. They argued that plaintiffs’ attorneys were unfairly attempting to “try this case in the court of public opinion.” Monsanto specifically complained that the organization I work for, U.S. Right to Know, was monitoring the court docket looking for confidential materials to report to the public. The company said reporting on “cherry-picked documents” could be “potentially prejudicial” to its business and to the fairness of the litigation, potentially tainting a jury pool. “Litigation in the press is not in the public interest,” Monsanto’s filing states.

The company asked Judge Vince Chhabria to order that discovery materials not be filed as exhibits or other types of filings that could be visible to the public.

Monsanto also made a new filing in the litigation on Friday, laying out its assertion that there is no evidence Roundup and glyphosate products are “defective or unreasonably dangerous” and said the products complied with “all applicable government safety standards.” There is no evidence of carcinogenicity in glyphosate or Roundup, Monsanto said in its filing.

In a separate filing made on Feb. 8, Monsanto submitted a court brief arguing that the IARC classification of glyphosate as a probable human carcinogen is not relevant to the question of whether or not Roundup caused the plaintiffs’ cancers. IARC’s approach is “less rigorous” than EPA’s in evaluating scientific evidence, and IARC’s conclusions are “scientifically unreliable,” according to the brief. Monsanto told the court that neither the views of IARC or EPA are necessarily relevant to the general causation issue of the litigation because plaintiffs will need to present admissible expert testimony showing the company’s products in fact caused their cancers.

As the litigation drags on, legislation that could potentially benefit Monsanto and numerous other companies facing consumer class action lawsuits was proposed on Feb. 9. The “Fairness in Class Action Litigation Act of 2017” (H.R. 985) was introduced in the U.S. House of Representatives by House Judiciary Chairman Bob Goodlatte (R-VA.) Business interests backing the law say it would reduce frivolous suits and ensure that plaintiffs receive the bulk of any damage awards rather than enriching the attorneys who bring such lawsuits. But opponents say it would make it nearly impossible for individuals with limited financial resources to challenge powerful corporations in court. The bill would apply both to pending and future class action and multi-district litigation.

“The bill is designed to ensure that no class action could ever be brought or litigated for anyone,” said Joanne Doroshow, executive director of the Center for Justice & Democracy. “It would obliterate civil rights, antitrust, consumer, essentially every class action in America.”