New Analysis Raises Questions About EPA’s Glyphosate Classification

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Researcher says the EPA has disregarded substantial evidence that the popular herbicide is linked to cancer

This article was originally published in Environmental Health News.

By Carey Gillam

A little more than a month ahead of a first-ever federal trial over the issue of whether or not Monsanto’s popular weed killers can cause cancer, a new analysis raises troubling questions about the U.S. Environmental Protection Agency’s (EPA) handling of pertinent science on glyphosate safety.

According to the report, which examines the opposing positions taken by the EPA and an international cancer research agency on glyphosate-based herbicides, the EPA has disregarded substantial scientific evidence of genotoxicity associated with weed killing products such as Roundup and other Monsanto brands. Genotoxicity refers to a substance’s destructive effect on a cell’s genetic material. Genotoxins can cause mutations in cells that can lead to cancer.

The EPA classifies glyphosate as not likely to be carcinogenic while the International Agency for Research on Cancer (IARC), which is part of the World Health Organization, classifies it as “probably carcinogenic.”

The paper was authored by Charles Benbrook, a former research professor who served at one time as executive director of the National Academy of Sciences board on agriculture, and was published in the journal Environmental Sciences Europe on Monday. It is based on Benbrook’s review of EPA and IARC records regarding the types and numbers of glyphosate studies each organization evaluated.

“Clearly, compared to EPA’s genotoxicity review, the IARC review is grounded on more recent, more sensitive, and more sophisticated genotoxic studies, and more accurately reflects real-world exposures,” Benbrook told EHN.

Benbrook testified as an expert witness in the first lawsuit to go to trial against Monsanto over claims its glyphosate herbicides cause cancer. The plaintiff in that case, Dewayne “Lee” Johnson, won a unanimous jury award of $289 million last year that the judge in the case cut to $78 million. Thousands of additional cancer victims have sued Monsanto and the second trial begins Feb. 25 in federal court in San Francisco. Benbrook is also expected to testify for the plaintiff in that case.

Monsanto is seeking to exclude Benbrook’s testimony at trial, saying he has no expertise in any physical science or field of medicine and no training or degree in toxicology and has never worked at the EPA or other regulatory body.

The EPA did not respond to a request for comment. The agency has maintained, however, that its review of glyphosate has been robust and thorough. Glyphosate has low toxicity for humans, and glyphosate products can be safely used by following directions on labeled products, according to the EPA.

In the new analysis, Benbrook is critical of the EPA’s scrutiny of glyphosate herbicides, noting that little weight was given to research regarding the actual formulations sold into the marketplace and used by millions of people around the world. Instead, the EPA and other regulators have mostly pointed to dozens of studies paid for by Monsanto and other companies selling glyphosate herbicides that found no cancer concerns. The EPA has given little attention to several independent research projects that have indicated the formulations can be more toxic than glyphosate alone, according to Benbrook.

Indeed, the EPA only started working in 2016—some 42 years after the first glyphosate herbicides came to market – with the U.S. National Toxicology Program to evaluate the comparative toxicity of the formulations. Early results disclosed in 2018 supported concerns about enhanced toxicity in formulations.

Several scientists, including from within the EPA’s Office of Research and Development (ORD), and from a panel of scientific experts convened by the EPA, have cited deficiencies and problems with the EPA’s decision to classify glyphosate as not likely to be carcinogenic to humans. But Benbrook’s analysis is the first to look deeply at how and why the EPA and IARC drew such divergent conclusions.

Benbrook looked at the citations for genotoxicity tests discussed in the EPA and IARC reports, both those that were published in peer-reviewed journals and the unpublished ones that were presented to the EPA by Monsanto and other companies.

Some studies looked at glyphosate alone, and/or glyphosate-based herbicide formulations and some included findings about a substance called aminomethylphosphonic acid (AMPA), which is glyphosate’s primary metabolite.

Benbrook’s analysis found that within the body of available evidence, the EPA relied on 151 studies, 115 of which showed negative results, meaning no evidence of genotoxicity, and only 36 that had positive results. IARC cited 191 studies, only 45 of which showed negative results and 146 of which showed evidence of genotoxicity.

IARC said within these studies it found “strong evidence that exposure to glyphosate or glyphosate-based formulations is genotoxic…”

Benbrook’s analysis reports that over the last three years at least 27 additional studies have been published addressing possible mechanisms of genotoxic action for glyphosate and/or formulated glyphosate-based herbicides and all but one of the 27 studies reported one or more positive result. There were 18 positives arising from DNA damage, six associated with oxidative stress, and two with other genotoxicity mechanisms, his paper states.

According to Benbrook, the EPA’s failure to focus on formulated glyphosate-based herbicides is dangerous because these formulations “account for all commercial uses and human exposures (no herbicide products contain just glyphosate).”

More research is needed on real-world exposures, Benbrook concludes.

Update: See also the editorial by the editors of Environmental Sciences Europe about the implications of Benbrook’s analysis, “Some food for thought: a short comment on Charles Benbrook’s paper“.

Carey Gillam is a journalist and author, and a public interest researcher for US Right to Know, a not-for-profit food industry research group. Follow her on Twitter at @careygillam.

I Won a Historic Lawsuit But May Not Live to Get the Money

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This article was originally published in Time Magazine.

By Carey Gillam

Dewayne Anthony Lee Johnson has always just gone by Lee. He lived a modest life for 42 years, and was devastated when he was diagnosed with terminal cancer in 2014. Now 46, as he struggles with his advancing illness, Johnson has found sudden celebrity with a historic victory over one of the world’s most powerful and controversial corporations – Monsanto Co.

Johnson sued Monsanto alleging that he developed a deadly form of non-Hodgkin lymphoma after being drenched with the company’s herbicides, which he sprayed as part of his job as school groundskeeper. In Aug. 2018, a jury in San Francisco unanimously found that Monsanto had failed to warn of the carcinogenic dangers of its popular Roundup herbicide and related products, which Johnson sprayed regularly. Thousands of other cancer victims are also suing Monsanto and awaiting their own day in court, but Johnson was the first to take the company to trial. The jury awarded Johnson a jaw-dropping $289 million, which a judge slashed to $78 million on Oct. 22. Evidence revealed in the trial included internal Monsanto records that included discussions of “ghostwriting” scientific papers that asserted the safety of its products and plans to discredit an international agency that declared the main ingredient in Roundup, a chemical called glyphosate, to be a probable human carcinogen.

Monsanto, now a unit of Bayer AG, maintains that its products do not cause cancer. On Nov. 20, the company further appealed, seeking to overturn even Johnson’s reduced award and the trial court judge’s refusal to grant Monsanto’s request for a new trial. But the initial verdict already put Johnson’s life on a very different trajectory, bringing him international attention and heartbreak. He spoke with TIME about the aftermath of his case.

Before I got sick life was pretty good. I had a good job. We were renting this nice house; we found it through some friends. It was almost in foreclosure so we were able to rent it for a good price. Three bedrooms and a nice big backyard. I didn’t have a car so my wife Araceli would drop me off at work or I would ride my bike to the bus stop and take the bus to work. My job title at the school district was integrated pest manager, IPM. I did everything – caught skunks, mice, and raccoons, patched holes in walls, worked on irrigation issues. And I sprayed the pesticides, the “juice.” I had to be at work by sun up to make sure we had time to spray before the kids got to school. One of the guys I worked with didn’t want to wear protective gear but I told him he had to. You got to be careful with this stuff. On a typical day I would fill up my little container with raw pesticide liquid and then put that in the back of my truck and then mix a load before I would leave the yard. I’d mix it all in a tank and take that on the back of my truck and then head out to start spraying. I did not like using the chemicals but I loved that job. I would have been making $80,000 a year now if I was still there.

That day of the accident, the day the sprayer broke and I got drenched in the juice, I didn’t think that much about it. I washed up in the sink as best I could and changed my clothes. Later I went home and took a good long shower but I didn’t think, “Oh my god, I’m going to die from this stuff.” Then I got a little rash. Then it got worse and worse and worse. At one point I had lesions on my face, on my lips, all over my arms and legs.

When I first saw a doctor he was totally confused and didn’t know what was happening on my skin. He sent me to see a dermatologist who did a biopsy of a lesion on my knee. They sent me to UCSF (University of California San Francisco) and then to Stanford. A bunch of doctors came and checked me out. Then one day I got a call. They told me it was urgent, I had to come in to discuss my test results. When the doctor said I had cancer, my wife was sitting there with me. She started crying. I didn’t take it in right away. I don’t think I have still taken it in.

People want to say it’s Johnson v. Monsanto. They want me to talk about the company. I don’t want to do that. I don’t even want to say the company name. I just say ‘the big company.’ I don’t want to be slanderous. I’ve seen reports that I want an apology but that’s not true. I’m not a person who would think an apology would make me feel better – it certainly would not heal my cancer. This isn’t about me and that big company. It is important for people to know this stuff, to know about what they’re being exposed to. If people have the information they can make choices, they can be informed and protect themselves. I’m just a regular guy from a small town called Vallejo in the California Bay Area who happened to seek the truth about my failing health and found answers.

It’s not to say that I didn’t get mad. Plenty of things upset me as the evidence came out in court. I had called the big company early on when I was sick trying to get some answers and at the time the woman I talked to on the phone was real nice. But you see in the emails that came out that there was really no concern for me. They never called me back, that made me mad. I think not getting a call back is what made me pursue legal action. And then when I was in court and heard about the ghostwriting of the science and you see in the emails that everybody is just on a script; they program everybody to stick to the script about safety even if the science says different. [Editor’s Note: Internal Monsanto emails presented at trial showed that Johnson called the company in November 2014 reporting his concerns that his cancer was triggered by being “soaked to the skin” in a Monsanto herbicide during a work accident. “He’s looking for answers,” a Monsanto product support specialist wrote to Monsanto Dan Goldstein, the company’s medical sciences and outreach executive. Goldstein replied that the “story is not making any sense to me at all,” and said he would call Johnson back. But Johnson said he never received a call and Goldstein testified he could not remember whether or not he called Johnson.]

It seemed like the whole world was watching when the judge read that verdict, line by line, and then they announced a quarter billion dollar settlement, $289 million dollars. I think I immediately was paranoid; I literally asked the young bailiff if he could roll out of court with me because I knew the attention this would get and I’ve never really been a fan of attention or fanfare. And now it seems like that’s taken over my life. I get requests for media interviews from all over the world, and people ask me to come to their events and speak, and I’ve had people telling me they want to buy my “life rights” to try to get movie deals. I’ve had strangers try to suddenly become my best friend on Facebook, and then there was this kind of voo-doo priestess who somehow got my number, calling and calling and texting nonstop, promising she could heal me. When I shunned her, she said I would remember her on my death bed, wishing I had let her help me. It’s crazy. My kids are handling it well but they don’t dig the attention — we’re a small family and we’ve just been trying to deal with becoming nationally known.

Sometimes it really gets overwhelming with so many calls and requests for interviews or speaking events. At the same time, though, I see myself now as a major contributor for a conversation that’s been brewing for years, but since the verdict the conversation is a lot louder. I try to give each request my attention but just can’t due to my health and trying to help take care of my kids. But I am trying to make this a priority. I want to see all these schools stop using glyphosate, first California, then the rest of the country. That is my small mission. And as overwhelming as it is, I do feel a lot of support and positive energy from many people who’ve reached out to me. I have felt the love and support of people all across the world and that gives me a whole new sense of drive and responsibility. Some people send small gifts, trinkets. They write to me about their own cancers. One woman wrote about her husband and how he had died. I would say I’ve received thousands of letters. It helps.

A lot of people ask me what I want to do with my life now. I don’t think I’m superman. I go through those little moments when my head is down and my elbows are on my knees and asking myself what am I going to do? But if I can get healthy, not give in to what my doctors say is a terminal situation, if I can get treatments and get closer to a cure then I see myself doing good things. I would love to start a foundation. And I want to do more with my music and art. I paint with oil or acrylic and I do some charcoal drawings. I also like to write; I’ve self-published two books – “My Opinion” and “The Perfect Front.”

Some people think I’m a rich man, they speak to me as if I’ve been paid already, which is far from reality. The truth is the appeals could go on well past my life expectancy. We can’t really celebrate or make plans or go on vacation because we don’t have that money. I get a social security check now every month. It doesn’t even cover the cost of the rent. People are trying to help me out, but I’m basically broke. It’s exciting sometimes to think that we may get millions of dollars, but right now we know we’re not. We’re living the ghost money life.

I’m not even sure I would know how to be a rich man. I would like to buy a house, something close to my kids’ schools, something to give them security. But there are only so many things you can buy. I don’t think there is very much you can or should do with millions of dollars other than try to help people. As for the judge cutting the $289 million down to $78 million, I never thought of that $289 million as anything that would go in my pockets. I knew there would be legal limits striking it and so I never really thought of it as mine. I don’t know if I’ll ever see the jury award in my lifetime. Hopefully my boys will though.

Mostly what I want is for my sons, all three of them, to feel like they have a solid security blanket and to know that they are taken care of. I want to show them the good path and give them the quality of life that allows them to get educated, to understand life and culture and people. I hope that one day they will look back and say, “My dad made history and stood up for himself and for us.”

My chemo has stopped because I am supposed to have more surgery for this thing they biopsied on my arm. Apparently, it’s some new melanoma. And I’ve got this pain that I call “hot spots” on my foot and my arm, burning my wrist. Sometimes I call them “burners.” But it is what it is. I used to be all shiny and a handsome guy – now I’m all messed up. I feel like if you’re sick, you shouldn’t hide it though. Share it with the world and maybe you can help someone.

So much is going on, but the most important thing to me is my boys. I’m so proud of my boys. I hate to think about dying. Even when I feel like I’m dying, I just make myself move past it. I feel like you can’t give in to it, the diagnosis, the disease, because then you really are dead. I don’t mess around with the death cloud, the dark thoughts, the fears. I’m planning for a good life.

Rachel Carson Environment Book Award Winner: Whitewash by Carey Gillam

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Carey Gillam’s “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science (Island Press) has received rave reviews since its release last fall and has received several awards for outstanding reporting:

Hard-hitting, eye-opening narrative…A forceful argument for an agricultural regulatory environment that puts public interest above corporate profits.”  Kirkus Reviews

This is a must-read for everyone concerned about the increasing burden of toxic chemicals in water and food, the health and environmental consequences thereof, and corporate influence on government agencies.Booklist 

“Gillam expertly covers a contentious front where corporate malfeasance intersects with issues of public health and ecology.” Publishers Weekly 

“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.” Society for Environmental Journalists BookShelf

“well-documented compendium of wrongs, fraud, conflicts of interest, undue influence, and troubling forms of plain old [PR]….Some of its revelations are downright infuriating. Los Angeles Review of Books 

See also: Carey Gillam’s testimony before a joint committee of the European Parliament on 10/11/2017 and her reporting from the Daubert Hearings in the Cancer Victims Vs. Monsanto glyphosate litigation.

Book Description

It’s the pesticide on our dinner plates, a chemical so pervasive it’s in the air we breathe, our water, our soil, and even found increasingly in our own bodies. Known as Monsanto’s Roundup by consumers, and as glyphosate by scientists, the world’s most popular weed killer is used everywhere from backyard gardens to golf courses to millions of acres of farmland. For decades it’s been touted as safe enough to drink, but a growing body of evidence indicates just the opposite, with research tying the chemical to cancers and a host of other health threats.

In Whitewash, veteran journalist Carey Gillam uncovers one of the most controversial stories in the history of food and agriculture, exposing new evidence of corporate influence. Gillam introduces readers to farm families devastated by cancers which they believe are caused by the chemical, and to scientists whose reputations have been smeared for publishing research that contradicted business interests. Readers learn about the arm-twisting of regulators who signed off on the chemical, echoing company assurances of safety even as they permitted higher residues of the pesticide in food and skipped compliance tests. And, in startling detail, Gillam reveals secret industry communications that pull back the curtain on corporate efforts to manipulate public perception.

Whitewash is more than an exposé about the hazards of one chemical or even the influence of one company. It’s a story of power, politics, and the deadly consequences of putting corporate interests ahead of public safety.

http://careygillam.com/book
Publication date October 2017

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More Praise for Whitewash

“The book unravels a tapestry of pesticide industry tricks to manipulate the scientific truths about their products while placing profits above human health and the environment. As someone who has experienced similar actions by corporations firsthand in my work far too often, I am hopeful that Carey’s book will be a wake-up call for more transparency about the dangers surrounding many chemicals in the marketplace.” Erin Brockovich, environmental activist and author

Carey Gillam has brilliantly assembled the facts and describes how Monsanto and other agricultural chemical companies lied about their products, covered up the damaging data and corrupted government officials in order to sell their toxic products around the world.  David Schubert, Ph.D., Professor and Head of the Cellular Neurobiology Laboratory at the Salk Institute For Biological Studies

Carey Gillam is a brave warrior in the mold of Rachel Carson. She has exposed the ruthless greed and fraud which have led to the poisoning of our planet. Brian G.M. Durie, M.D. Chairman of the International Myeloma Foundation, oncology specialist and attending physician at Cedars-Sinai Medical Center

In the grand tradition of Silent Spring, Carey Gillam’s Whitewash is a powerful exposé that sheds light on a chemical that — to most of us — is both entirely invisible and yet profoundly damaging to our bodies and our environment. It is a deeply researched, entirely convincing exposé of the politics, economics and global health consequences implicit in the spread of the world’s most common herbicide. Gillam has done what all great journalists strive to do: she has made us see clearly what has long been right before our eyes. Highly recommended.  McKay Jenkins, author, Professor of English, Journalism and Environmental Humanities at the University of Delaware

USRTK Research Director Carey Gillam Receives SEJ Award for Reporting

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See Carey Gillam’s recent reporting in the Guardian

News Release

U.S. Right to Know is pleased to announce that Carey Gillam’s new book Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science (Island Press) has received the prestigious Rachel Carson Book Award for unveiling decades of corporate secrets and deceptive tactics by powerful pesticide companies, and how the corporate pursuit of profits has taken priority over protection of the public.

The Society of Environmental Journalists announced the award today along with all the first place winners of the SEJ 17th annual awards for reporting on the environment.

Gillam’s book offers pivotal insights into Capitol Hill’s current efforts to strip U.S. funding from the International Agency for Research on Cancer, as well as the first-ever trial over claims that Monsanto’s Roundup herbicide can cause cancer. Whitewash is so explosive that Monsanto has filed a motion with the court to keep it from being introduced as evidence.

Carey is an award-winning investigative journalist who spent 17 years at Reuters before becoming Research Director for the non-profit U.S. Right to Know consumer group in 2016.

Gillam, who lives in the farm state of Kansas, spent most of her career with the Reuters international news agency (1998-late 2015) before becoming Research Director for the non-profit U.S Right to Know consumer group in 2016.

Gillam is also a devoted mom of three and a court-appointed special advocate (CASA) for foster children. She says her love and concern for children is a powerful driving force for her writing and research into the health and environmental impacts of food production in America. She spends a good deal of time pursuing Freedom of Information requests with U.S. regulators and has successfully sued the EPA to access thousands of documents that inform her work.

Gillam says: “The data, the internal corporate documents and regulatory documents I’ve obtained over the last 20 years of researching these matters, my talks with farmers, scientists, regulators, etc., all make it clear that we have created a profound problem for ourselves – a pesticide-dependent food system that is putting our future generations in danger. We have lost a much-needed sense of caution, and we’re allowing this corporate pursuit of profits to take priority over protection of the public.”

U.S. Right to Know is a nonprofit organization that works to advance transparency and accountability in the nation’s food system. For more information about U.S. Right to Know, please see usrtk.org.

– 30 –

One Man’s Suffering Exposed Monsanto’s Secrets to the World

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Company’s own records revealed damning truth of glyphosate-based herbicides’ link to cancer

This article was originally published in The Guardian.

By Carey Gillam

It was a verdict heard around the world. In a stunning blow to one of the world’s largest seed and chemical companies, jurors in San Francisco have told Monsanto it must pay $289m in damages to a man dying of cancer which he claims was caused by exposure to its herbicides.

Monsanto, which became a unit of Bayer AG in June, has spent decades convincing consumers, farmers, politicians and regulators to ignore mounting evidence linking its glyphosate-based herbicides to cancer and other health problems. The company has employed a range of tactics – some drawn from the same playbook used by the tobacco industry in defending the safety of cigarettes – to suppress and manipulate scientific literature, harass journalists and scientists who did not parrot the company’s propaganda, and arm-twist and collude with regulators. Indeed, one of Monsanto’s lead defense attorneys in the San Francisco case was George Lombardi, whose resumé boasts of his work defending big tobacco.

Now, in this one case, through the suffering of one man, Monsanto’s secretive strategies have been laid bare for the world to see. Monsanto was undone by the words of its own scientists, the damning truth illuminated through the company’s emails, internal strategy reports and other communications.

The jury’s verdict found not only that Monsanto’s Roundup and related glyphosate-based brands presented a substantial danger to people using them, but that there was “clear and convincing evidence” that Monsanto’s officials acted with “malice or oppression” in failing to adequately warn of the risks.

Testimony and evidence presented at trial showed that the warning signs seen in scientific research dated back to the early 1980s and have only increased over the decades. But with each new study showing harm, Monsanto worked not to warn users or redesign its products, but to create its own science to show they were safe. The company often pushed its version of science into the public realm through ghostwritten work that was designed to appear independent and thus more credible. Evidence was also presented to jurors showing how closely the company had worked with Environmental Protection Agency officials to promote the safety message and suppress evidence of harm.

“The jury paid attention throughout this long trial and clearly understood the science and also understood Monsanto’s role in trying to hide the truth,” said Aimee Wagstaff, one of several attorneys around the US who are representing other plaintiffs making similar claims to Dewayne Johnson.

This case and the verdict specifically concern the 46-year-old father who developed a severe and fatal form of non-Hodgkin’s lymphoma while working as a school groundskeeper, repeatedly spraying large quantities of Monsanto’s Roundup and other glyphosate herbicide brands. Doctors have said he probably does not have long to live.

The ramifications, however, are much broader and have global implications. Another trial is set to take place in October in St Louis and roughly 4,000 plaintiffs have claims pending with the potential outcomes resulting in many more hundreds of millions, if not billions of dollars in damage awards. They all allege not only that their cancers were caused by exposure to Monsanto’s herbicides, but that Monsanto has long known about, and covered up, the dangers. The team of plaintiffs’ attorneys leading the litigation say they so far have brought to light only a fraction of evidence collected from Monsanto’s internal files and plan to reveal much more in future trials.

Monsanto maintains it has done nothing wrong, and that the evidence has been misrepresented. Its attorneys say they have the bulk of scientific research firmly on their side, and that they will appeal against the verdict, meaning it could be years before Johnson and his family see a dime of the damage award. In the meantime, his wife, Araceli, works two jobs to support the couple and their two young sons as Johnson prepares for another round of chemotherapy.

But as this case and others drag on, one thing is clear: this is not just about one man dying of cancer. Glyphosate-based herbicides are so widely used around the globe (roughly 826 million kg a year) that residues are commonly found in food and water supplies, and in soil and air samples. US scientists have even recorded the weed killer residues in rainfall. Exposure is ubiquitous, virtually inescapable.

Acknowledgement of risk is essential to public protection. Regulators, however, have failed to heed the warnings of independent scientists for too long, even shrugging off the findings of the World Health Organization’s top cancer scientists who classified glyphosate as a probable human carcinogen.

Now, well past time, long-held corporate secrets have been exposed.

In his closing argument, the plaintiff’s attorney, Brent Wisner, told the jury it was time for Monsanto to be held accountable. This trial, he said, was the company’s “day of reckoning”.

Landmark Lawsuit Claims Monsanto Hid Cancer Danger of Weedkiller for Decades

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In June, a California groundskeeper will make history by taking company to trial on claims it suppressed harm of Roundup

This article was originally published in The Guardian.

By Carey Gillam

At the age of 46, DeWayne Johnson is not ready to die. But with cancer spread through most of his body, doctors say he probably has just months to live. Now Johnson, a husband and father of three in California, hopes to survive long enough to make Monsanto take the blame for his fate.

On 18 June, Johnson will become the first person to take the global seed and chemical company to trial on allegations that it has spent decades hiding the cancer-causing dangers of its popular Roundup herbicide products – and his case has just received a major boost.

Last week Judge Curtis Karnow issued an order clearing the way for jurors to consider not just scientific evidence related to what caused Johnson’s cancer, but allegations that Monsanto suppressed evidence of the risks of its weed killing products. Karnow ruled that the trial will proceed and a jury would be allowed to consider possible punitive damages.

“The internal correspondence noted by Johnson could support a jury finding that Monsanto has long been aware of the risk that its glyphosate-based herbicides are carcinogenic … but has continuously sought to influence the scientific literature to prevent its internal concerns from reaching the public sphere and to bolster its defenses in products liability actions,” Karnow wrote. “Thus there are triable issues of material fact.”

Johnson’s case, filed in San Francisco county superior court in California, is at the forefront of a legal fight against Monsanto. Some 4,000 plaintiffs have sued Monsanto alleging exposure to Roundup caused them, or their loved ones, to develop non-Hodgkin lymphoma (NHL). Another case is scheduled for trial in October, in Monsanto’s home town of St Louis, Missouri.

The lawsuits challenge Monsanto’s position that its herbicides are proven safe and assert that the company has known about the dangers and hidden them from regulators and the public. The litigants cite an assortment of research studies indicating that the active ingredient in Monsanto’s herbicides, a chemical called glyphosate, can lead to NHL and other ailments. They also cite research showing glyphosate formulations in its commercial-end products are more toxic than glyphosate alone. The International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen in 2015.

Monsanto “championed falsified data and attacked legitimate studies” that revealed dangers of its herbicides, and led a “prolonged campaign of misinformation” to convince government agencies, farmers and consumers that Roundup was safe, according to Johnson’s lawsuit.

“We look forward to exposing how Monsanto hid the risk of cancer and polluted the science,” said Michael Miller, Johnson’s attorney. “Monsanto does not want the truth about Roundup and cancer to become public.”

Monsanto has fiercely denied the allegations, saying its products are not the cause of cancer. The IARC finding was wrong, according to Monsanto, as are studies finding glyphosate and glyphosate-based herbicides like Roundup to be potentially carcinogenic. Monsanto points to findings by the Environmental Protection Agency (EPA) and other regulatory authorities as backing its defense.

“Glyphosate-based herbicides are supported by one of the most extensive worldwide human health and environmental effects databases ever compiled for a pesticide product,” Monsanto states on its website. “Comprehensive toxicological and environmental fate studies conducted over the last 40 years have time and again demonstrated the strong safety profile of this widely used herbicide.”

A company spokeswoman did not respond to a request for additional comment.

How the Johnson lawsuit plays out could be a bellwether for how other plaintiffs proceed. If Johnson prevails, there could be many more years of costly litigation and hefty damage claims. If Monsanto successfully turns back the challenge, it could derail other cases and lift pressure on the firm.

According to the court record, Johnson had a job as a groundskeeper for the Benicia unified school district where he applied numerous treatments of Monsanto’s herbicides to school properties from 2012 until at least late 2015. He was healthy and active before he got the cancer diagnosis in August 2014. In a January deposition, Johnson’s treating physician testified that more than 80% of his body was covered by lesions, and that he probably had but a few months to live. Johnson has improved since starting a new drug treatment in November but remains too weak sometimes to even speak or get out of bed, his attorneys and doctors state in court filings.

Monsanto’s lawyers plan to introduce evidence that other factors caused Johnson’s cancer, to challenge the validity of the science Johnson’s claims rely on, and to present their own experts and research supporting safety. The company has an EPA draft risk assessment of glyphosate on its side, which concludes that glyphosate is not likely carcinogenic.

Weedkiller Products More Toxic Than Active Ingredient, Tests Show

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After more than 40 years of widespread use, new scientific tests show formulated weedkillers have higher rates of toxicity to human cells

This article was originally published in The Guardian.

By Carey Gillam

US government researchers have uncovered evidence that some popular weedkilling products, like Monsanto’s widely-used Roundup, are potentially more toxic to human cells than their active ingredient is by itself.

These “formulated” weedkillers are commonly used in agriculture, leaving residues in food and water, as well as public spaces such as golf courses, parks and children’s playgrounds.

The tests are part of the US National Toxicology Program’s (NTP) first-ever examination of herbicide formulations made with the active ingredient glyphosate, but that also include other chemicals. While regulators have previously required extensive testing of glyphosate in isolation, government scientists have not fully examined the toxicity of the more complex products sold to consumers, farmers and others.

Monsanto introduced its glyphosate-based Roundup brand in 1974. But it is only now, after more than 40 years of widespread use, that the government is investigating the toxicity of “glyphosate-based herbicides” on human cells.

The NTP tests were requested by the Environmental Protection Agency (EPA) after the International Agency for Research on Cancer (IARC) in 2015 classified glyphosate as a probable human carcinogen. The IARC also highlighted concerns about formulations which combine glyphosate with other ingredients to enhance weed killing effectiveness. Monsanto and rivals sell hundreds of these products around the world in a market valued at roughly $9bn.

Mike DeVito, acting chief of the National Toxicology Program Laboratory, told the Guardian the agency’s work is ongoing but its early findings are clear on one key point. “We see the formulations are much more toxic. The formulations were killing the cells. The glyphosate really didn’t do it,” DeVito said.

A summary of the NTP work stated that glyphosate formulations decreased human cell “viability”, disrupting cell membranes. Cell viability was “significantly altered” by the formulations, it stated.

DeVito said the NTP first-phase results do not mean the formulations are causing cancer or any other disease. While the work does show enhanced toxicity from the formulations, and show they kill human cells, the NTP appears to contradict an IARC finding that glyphosate and/or its formulations induce oxidative stress, one potential pathway toward cancer. The government still must do other testing, including examining any toxic impact on a cell’s genetic material, to help add to the understanding of risks, according to DeVito.

The NTP work informs a global debate over whether or not these glyphosate-based weedkilling chemical combinations are endangering people who are exposed. More than 4,000 people are currently suing Monsanto alleging they developed cancer from using Roundup, and several European countries are moving to limit the use of these herbicides.

“This testing is important, because the EPA has only been looking at the active ingredient. But it’s the formulations that people are exposed to on their lawns and gardens, where they play and in their food,” said Jennifer Sass, a scientist with the Natural Resources Defense Council.

One problem government scientists have run into is corporate secrecy about the ingredients mixed with glyphosate in their products. Documents obtained through Freedom of Information Act requests show uncertainty within the EPA over Roundup formulations and how those formulations have changed over the last three decades.

That confusion has continued with the NTP testing.

“We don’t know what the formulation is. That is confidential business information,” DeVito said. NTP scientists sourced some samples from store shelves, picking up products the EPA told them were the top sellers, he said.

It is not clear how much Monsanto itself knows about the toxicity of the full formulations it sells. But internal company emails dating back 16 years, which emerged in a court case last year, offer a glimpse into the company’s view. In one 2003 internal company email, a Monsanto scientist stated: “You cannot say that Roundup is not a carcinogen … we have not done the necessary testing on the formulation to make that statement. The testing on the formulations are not anywhere near the level of the active ingredient.” Another internal email, written in 2010, said: “With regards to the carcinogenicity of our formulations we don’t have such testing on them directly.” And an internal Monsanto email from 2002 stated: “Glyphosate is OK but the formulated product … does the damage.”

Monsanto did not respond to a request for comment. But in a 43-page report, the company says the safety of its herbicides is supported by “one of the most extensive worldwide human health and environmental databases ever compiled for a pesticide product”.

Internal FDA Emails: Weedkiller Found in Granola and Crackers

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This article was originally published in the Guardian.

By Carey Gillam

US government scientists have detected a weedkiller linked to cancer in an array of commonly consumed foods, emails obtained through a freedom of information request show.

The Food and Drug Administration (FDA) has been testing food samples for residues of glyphosate, the active ingredient in hundreds of widely used herbicide products, for two years, but has not yet released any official results.

But the internal documents obtained by the Guardian show the FDA has had trouble finding any food that does not carry traces of the pesticide.

“I have brought wheat crackers, granola cereal and corn meal from home and there’s a fair amount in all of them,” FDA chemist Richard Thompson wrote to colleagues in an email last year regarding glyphosate. Thompson, who is based in an FDA regional laboratory in Arkansas, wrote that broccoli was the only food he had “on hand” that he found to be glyphosate-free.

That internal FDA email, dated January 2017, is part of a string of FDA communications that detail agency efforts to ascertain how much of the popular weedkiller is showing up in American food. The tests mark the agency’s first-ever such examination.

“People care about what contaminants are in their food. If there is scientific information about these residues in the food, the FDA should release it,” said Tracey Woodruff, a professor in the University of California San Francisco School of Medicine. “It helps people make informed decisions. Taxpayers paid for the government to do this work, they should get to see the information.”

The FDA is charged with annually testing food samples for pesticide residues to monitor for illegally high residue levels. The fact that the agency only recently started testing for glyphosate, a chemical that has been used for over 40 years in food production, has led to criticism from consumer groups and the Government Accountability Office (GAO). Calls for testing grew after the International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen in 2015.

Glyphosate is best known as the main ingredient in Monsanto Co’s Roundup brand. More than 200m pounds are used annually by US farmers on their fields. The weedkiller is sprayed directly over some crops, including corn, soybeans, wheat and oats. Many farmers also use it on fields before the growing season, including spinach growers and almond producers.

Thompson’s detection of glyphosate was made as he was validating his analytical methods, meaning those residues will probably not be included in any official report.

Separately, FDA chemist Narong Chamkasem found “over-the-tolerance” levels of glyphosate in corn, detected at 6.5 parts per million, an FDA email states. The legal limit is 5.0 ppm. An illegal level would normally be reported to the Environmental Protection Agency (EPA), but an FDA supervisor wrote to an EPA official that the corn was not considered an “official sample”.

When asked about the emails and the agency’s testing, an FDA spokesman said only that the FDA had not found any illegal levels in corn, soy, milk or eggs, the four commodities it considers part of its glyphosate “special assignment”. He did not address the unofficial findings revealed in the emails.

The FDA’s official findings should be released later this year or early in 2019 as part of its 2016 annual residue report. The reports typically are released two to two and a half years after the data is collected.

Along with glyphosate, the agency has been trying to measure residues of the herbicides 2,4-D and dicamba because of projected increased use of these weedkillers on new genetically engineered crops. The FDA spokesman said that the agency has “expanded capacity” for testing foods for those herbicides this year.

Other findings detailed in the FDA documents show that in 2016 Chamkasem found glyphosate in numerous samples of honey. Chamkasem also found glyphosate in oatmeal products. The FDA temporarily suspended testing after those findings, and Chamkasem’s lab was “reassigned to other programs”, the FDA documents show. The FDA has said those tests were not part of its official glyphosate residue assignment.

Pesticide exposure through diet is considered a potential health risk. Regulators, Monsanto and agrochemical industry interests say pesticide residues in food are not harmful if they are under legal limits. But many scientists dispute that, saying prolonged dietary exposure to combinations of pesticides can be harmful.

Toxicologist Linda Birnbaum, who is director of the US National Institute of Environmental Health Sciences (NIEHS), said that current regulatory analysis of pesticide dangers does not account for low levels of dietary exposures.

“Even with low levels of pesticides, we’re exposed to so many and we don’t count the fact that we have cumulative exposures,” Birnbaum said.

The US Department of Agriculture was to start its own testing of foods for glyphosate residues in 2017 but dropped the plan.

The lack of government residue data comes as Monsanto attempts to bar evidence about glyphosate food residues from being introduced in court where the company is fighting off allegations its Roundup products cause cancer.

In a case set for trial on 18 June, San Francisco superior court judge Curtis Karnow recently denied the company’s motion to keep the jury from hearing about residues in food. The judge said that although Monsanto worries the information “will inflame the jury against Monsanto based on their own fear that they may have been exposed”, such information “should not be excluded”.