For years, U.S. regulators relied on falsified data provided by Dow Chemical to allow unsafe levels of the chemical chlorpyrifos into American homes, according to a new analysis from University of Washington researchers.
The analysis reexamines work from the 1970s sponsored by Dow and submitted to the Environmental Protection Agency (EPA) to guide the agency in establishing what scientists refer to as a “no-observed-adverse-effect-level” or NOAEL. Such thresholds are used to determine what types of use and at what level a chemical exposure can be allowed and still be considered “safe.”
According to the new analysis, published online July 3 in the journal Environmental International, the inaccurate findings were the result of a chlorpyrifos dosing study conducted by researcher Frederick Coulston and colleagues from the Albany Medical College in the early 1970s for Dow.
The authors of the new paper reexamining that prior work are Lianne Sheppard, Seth McGrew and Richard Fenske of the Department of Environmental and Occupational Health Sciences, School of Public Health at the University of Washington.
While the study was authored by the Coulston group, the analysis was completed by a Dow statistician and concluded that 0.03 mg/kg-day was the chronic NOAEL level for chlorpyrifos in humans. But the new analysis by the University of Washington researchers found that wildly overstated the margin of safety. Had the data been properly analyzed a lower NOAEL of 0.014 mg/kg-day would have been found, they said.
The Coulston study did not undergo peer review but still was used by the EPA for risk assessments throughout much of the 1980′s and 1990′s, the University of Washington researchers reported.
The researchers concluded: “During that period, EPA allowed chlorpyrifos to be registered for multiple residential uses that were later cancelled to reduce potential health impacts to children and infants. Had appropriate analyses been employed in the evaluation of this study, it is likely that many of those registered uses of chlorpyrifos would not have been authorized by EPA. This work demonstrates that reliance by pesticide regulators on research results that have not been properly peer-reviewed may needlessly endanger the public.”
Commonly known as the active ingredient in the brand name Lorsban, chlorpyrifos insecticides were introduced by Dow Chemical in 1965 and have been used widely in agricultural settings. The largest agricultural market for chlorpyrifos is corn but the pesticide is also used by farmers growing soybeans, fruit and nut trees, Brussels sprouts, cranberries, and cauliflower, as well as other row crops. Residues of the chemical are commonly found in food. Non-agricultural uses include golf courses, turf, green houses, and utilities.
Despite the science promoted by Dow, independent scientific research has shown mounting evidence of the dangers of chlorpyrifos, particularly to young children. Scientists have found that prenatal exposures to chlorpyrifos are associated with lower birth weight, reduced IQ, the loss of working memory, attention disorders, and delayed motor development.
The American Academy for Pediatrics, which represents more than 66,000 pediatricians and pediatric surgeons, has warned that continued use of the chemical puts developing fetuses, infants, children and pregnant women at great risk.
Chlorpyrifos is so dangerous that the European Food Safety Authority has stated that there is no safe exposure level.
The EPA reached an agreement with Dow in 2000 to phase out all residential uses of the chemical because of research showing the chemical is dangerous to the developing brains of babies and young children. In 2012, chlorpyrifos was banned from use around schools.
In February 2020, after pressure from consumer, medical, scientific groups and in face of growing calls for bans around the world, Corteva AgriScience, a successor corporation to a merger of Dow and DuPont, said it would phase out production of chlorpyrifos. The chemical, however, remains legal for other companies to make and sell.
The study that is the subject of the new paper by the University of Washington researchers was overseen in 1971 by the Albany Medical College’s Institute of Experimental Pathology and Toxicology. The study included 16 healthy adult male inmates from a pool of volunteers at Clinton Correctional Facility, a maximum-security prison in Dannemora, New York.
The volunteers were randomized into four experimental groups, including one control group, whose members received a daily placebo. The members of the three other groups received daily chlorpyrifos treatments at three different doses. The study took place over 63 days.
The new analysis found several problems with the study, including the omission of eight valid baseline measurements for one of the three treatment groups.
“Such an omission of valid data without justification is a form of data falsification that violates all standard codes of ethical research practice and is classified as outright research misconduct,” the University of Washington researchers concluded.
The researchers said that chlorpyrifos “passed through the regulatory process without much debate,” even though there was “growing evidence that it might pose a health hazard in residential environments.”
“The Coulston Study misled regulators by omitting valid data,” and “may have adversely impacted public health” for several years, the University of Washington paper concludes.
Dozens of farmers around the United States are suing the former Monsanto Co., purchased in 2018 by Bayer AG, and conglomerate BASF in an effort to hold the companies accountable for millions of acres of crop damage the farmers claim is due to widespread illegal use of the weed killing chemical dicamba, use promoted by the companies.
The first case to go to trial pitted Missouri’s Bader Farms against the companies and resulted in a $265 million verdict against the companies. The jury awarded $15 million in compensatory damages and $250 million in punitive damages.
The case was filed in the U.S. District Court for the Eastern District of Missouri, Southeastern Division, Civil Docket #1:16-cv-00299-SNLJ. The owners of Bader Farms alleged the companies conspired to create an “ecological disaster” that would induce farmers to buy dicamba-tolerant seeds. Key documents from that case can be found below.
The EPA’s Office of the Inspector General (OIG) plans to investigate the agency’s approvals of new dicamba herbicides to determine whether the EPA adhered to federal requirements and “scientifically sound principles” when it registered the new dicamba herbicides.
Separately, on June 3, 2020. the U.S. Court of Appeals for the Ninth Circuit said the Environmental Protection Agency had violated the law in approving dicamba herbicides make by Bayer, BASF and Corteva Agrisciences and overturned the agency’s approval of the popular dicamba-based herbicides made by the three chemical giants. The ruling made it illegal for farmers to continue to use the product.
But the EPA flouted the court ruling, issuing a notice on June 8 that said growers could continue to use the companies’ dicamba herbicides until July 31, despite the fact that the court specifically said in its order that it wanted no delay in vacating those approvals. The court cited damage done by dicamba use in past summers to millions of acres of crops, orchards and vegetable plots across U.S. farm country.
On June 11, 2020, the petitioners in the case filed an emergency motion seeking to enforce the court order and to hold the EPA in contempt. Several farm associations have joined with Corteva, Bayer and BASF in asking the court not to immediately enforce the ban. Documents are found below.
BACKGROUND: Dicamba has been used by farmers since the 1960s but with limits that took into account the chemical’s propensity to drift and volatilize- moving far from where it was sprayed. When Monsanto’s popular glyphosate weed killing products, such as Roundup, started losing effectiveness due to widespread weed resistance, Monsanto decided to launch a dicamba cropping system similar to its popular Roundup Ready system, which paired glyphosate-tolerant seeds with glyphosate herbicides. Farmers buying the new genetically engineered dicamba-tolerant seeds could more easily treat stubborn weeds by spraying entire fields with dicamba, even during warm growing months, without harming their crops. Monsanto announced a collaboration with BASF in 2011. The companies said their new dicamba herbicides would be less volatile and less prone to drift than old formulations of dicamba.
The Environmental Protection Agency approved the use of Monsanto’s dicamba herbicide “XtendiMax” in 2016. BASF developed its own dicamba herbicide that it calls Engenia. Both XtendiMax and Engenia were first sold in the United States in 2017.
Monsanto started selling its dicamba-tolerant seeds in 2016, and a key claim by the plaintiffs is that selling the seeds before regulatory approval of the new dicamba herbicides encouraged farmers to spray fields with old, highly volatile dicamba formulations. The Bader lawsuit claims: “The cause of such destruction to Plaintiff Bader Farms’ crops is Defendant Monsanto’s willful and negligent release of a defective crop system – namely its genetically modified Roundup Ready 2 Xtend soybeans and Bollgard II Xtend cotton seeds (“Xtend crops”) – without an accompanying, EPA-approved dicamba herbicide.”
Farmers claim that the companies knew and expected that the new seeds would spur such widespread use of dicamba that drift would damage the fields of farmers who did not buy the genetically engineered dicamba-tolerant seeds. The farmers allege this was part of a scheme to expand sales of the genetically engineered dicamba-tolerant seeds. Many allege the new dicamba formulations sold by the companies also drift and cause crop damage just as the old versions have done.
The heaviest of Big Ag’s heavy hitters told a federal court it should not try to stop GMO cotton and soybean farmers from using illegal dicamba weed killers through the end of July, despite the court’s order earlier this month for an immediate ban.
Six national trade associations, all of which have long-standing financial ties to Monsanto and the other companies selling the dicamba products in question, filed a brief on Wednesday with the U.S. Court of Appeals for the Ninth Circuit urging the court not to try to interfere with the Environmental Protection Agency’s (EPA) announcement that farmers could continue to use the dicamba products through July 31.
“America’s soybean and cotton growers would risk severe financial harm if prevented from using Dicamba Products this growing season,” states the brief filed by the American Farm Bureau Federation, American Soybean Association, National Cotton Council of America, National Association of Wheat Growers, National Corn Growers Association, and National Sorghum Producers.
Separately, CropLife America, an influential lobbyist for the agrichemical industry, filed a brief stating it wanted to provide “Helpful Information to the Court.” CropLife stated in the filing that the court has no authority over how the EPA proceeds to cancel the use of pesticide products such as dicamba weed killers.
The moves are but the latest in a dramatic flurry of events that followed the Ninth Circuit ruling, which found that the EPA violated the law when it approved dicamba products developed by Monsanto – owned by Bayer AG, as well as products sold by BASF, and DuPont, owned by Corteva Inc.
The court ordered an immediate ban on use of each of the companies’ products, finding that the EPA “substantially understated the risks” those products pose to farmers growing crops other than genetically engineered cotton and soy.
The EPA appeared to flout the order, however, when it told the cotton and soy farmers they could continue to spray the herbicides in question through July 31.
The Center for Food Safety (CFS) and other groups that originally took the EPA to court over the matter went back to court last week, demanding that the 9th Circuit hold the EPA in contempt. The court is now considering that motion.
“EPA and the pesticide companies have tried to confuse the issue and try to intimidate the Court,” said George Kimbrell, CFS legal director and counsel for the petitioners. “The Court held the product uses unlawful and EPA’s manipulations cannot change that.”
The order banning the company’s dicamba products has triggered an uproar in farm country because many soybean and cotton farmers planted millions of acres of genetically altered dicamba-tolerant crops developed by Monsanto with the intent of treating weeds in those fields with the dicamba herbicides made by the three companies. The crops tolerate the dicamba while the weeds die.
The farm lobby groups said in their brief that 64 million acres were planted with the dicamba-tolerant seeds this season. They said if those farmers cannot spray over their fields with the dicamba products they will be “largely defenseless against weeds resistant to other herbicides, causing
potentially significant financial consequences from yield losses.”
When Monsanto, BASF and DuPont/Corteva rolled out their dicamba herbicides a few years ago they claimed the products would not volatize and drift into neighboring fields as older versions of dicamba weed killing products were known to do. But those assurances proved false amid widespread complaints of dicamba drift damage.
More than one million acres of crops not genetically engineered to tolerate dicamba were reported damaged last year in 18 states, the federal court noted in its ruling.
“The EPA’s mission is to protect human health and the environment…” said National Family Farm Coalition board president Jim Goodman. “Their contempt for this mission could not be more clearly expressed than their flagrant disregard of the Ninth Circuit Court of Appeals’ ruling to stop over-the-top applications of dicamba immediately to prevent millions of acres of farmers’ crops from being destroyed.”
In February, a Missouri jury ordered Bayer and BASF to pay a peach farmer $15 million in compensatory damages and $250 million in punitive damages for dicamba damage to the farmer’s orchards. The jury concluded that Monsanto and BASF conspired in actions they knew would lead to widespread crop damage because they expected it would increase their own profits
Panicked chemical giants seek leeway in court ban on their weed killers
Citing an “emergency,” chemical giants BASF and DuPont have asked a federal court to allow them to intervene in a case in which the court earlier this month ordered their dicamba herbicides to be immediately banned along with a dicamba product made by Monsanto owner Bayer AG.
The action by the chemical companies follows a June 3 ruling by the U.S. Court of Appeals for the Ninth Circuit that said the Environmental Protection Agency (EPA) had violated the law when it approved the dicamba products developed by Monsanto/Bayer, BASF and DuPont, owned by Corteva Inc.
The court ordered an immediate ban on use of each of the company’s dicamba products, finding that the EPA “substantially understated the risks” of the dicamba herbicides and “failed entirely to acknowledge other risks.”
The EPA flouted that order, however, telling farmers they could continue to spray the herbicides in question through the end of July.
The consortium of farm and consumer groups that originally filed the case against the EPA rushed back to court last week, asking for an emergency order holding the EPA in contempt. The court gave the EPA until the end of the day Tuesday, June 16, to respond.
Uproar in Farm Country
The order banning the companies’ dicamba products has triggered an uproar in farm country because many soybean and cotton farmers planted millions of acres of dicamba-tolerant crops developed by Monsanto with the intent of treating weeds in those fields with the dicamba herbicides made by the three companies.
The “dicamba crop system” provides for farmers to plant their fields with dicamba-tolerant crops, which they can then spray “over-the-top” with dicamba weed killer. The system has both enriched the companies selling the seeds and chemicals and and helped farmers growing the special dicamba-tolerant cotton and soy deal with stubborn weeds that are resistant to glyphosate-based Roundup products.
But for the large number of farmers who do not plant the genetically engineered dicamba-tolerant crops, widespread use of dicamba herbicides has meant damage and crop losses because dicamba tends to volatize and drift long distances where it can kill crops, trees and shrubs that are not genetically altered to withstand the chemical.
The companies claimed their new versions of dicamba would not volatize and drift as older versions of dicamba weed killing products were known to do. But those assurances proved false amid widespread complaints of dicamba drift damage. More than one million acres of crop damage was reported last year in 18 states, the federal court noted in its ruling.
Many farmers initially celebrated the court ruling and were relieved that their farms and orchards would be spared this summer from the dicamba damage they’ve experienced in prior summers. But the relief was short-lived when the EPA said it would not immediately enforce the court-ordered ban.
In a filing made Friday, BASF pleaded with the court not to enforce an immediate ban and told the court that it will need to close a manufacturing facility in Beaumont, Texas, that currently “operates 24 hours a day nearly continuously through the year” if it is not able to produce its dicamba herbicide brand called Engenia. BASF has spent $370 million in recent years improving the plant and employs 170 people there, the company said.
Noting “significant investments” in its product, BASF also told the court that there is enough of its product currently throughout its “customer channel” to treat 26.7 million acres of soybeans and cotton. BASF has an additional $44 million worth of the Engenia dicamba product in its possession, enough to treat 6.6 million acres of soybeans and cotton, the company said.
DuPont/Corteva made a similar argument, telling the court in its filing that the ban “directly harms” the company “as well as the many farmers across this country that are in the midst of the growing season.” It will damage the company’s “reputation” if its herbicide is banned, the company told the court.
Moreover, DuPont/Corteva expects to generate “significant revenues” from the sales of its dicamba herbicide, called FeXapan and will lose that money if the ban is enforced, the company said.
Monsanto was active in the case supporting the EPA approvals prior to the ruling, but both BASF and DuPont asserted wrongly that the court case applied only to Monsanto’s products and not to theirs. The court made it clear, however, that the EPA illegally approved the products made by all three companies.
Led by the Center for Food Safety, the petition against the EPA was also brought by the National Family Farm Coalition, Center for Biological Diversity, and Pesticide Action Network North America.
In asking the court to find the EPA in contempt, the consortium warned of the crop damage to come if the dicamba products are not banned immediately.
“EPA cannot get away with allowing the spraying of 16 million more pounds of dicamba and resulting damage to millions of acres, as well as significant risks to hundreds of endangered species,” the consortium said in its filing. “Something else is at stake too: the rule of law. The Court must act to prevent injustice and uphold the integrity of the judicial process. And given the blatant
disregard EPA showed for the Court’s decision, Petitioners urge the Court to hold EPA in contempt.”
UPDATED -Court overturns EPA approval of Bayer dicamba herbicide; says regulator “understated the risks”
In a stunning rebuke of the Environmental Protection Agency, a federal court on Wednesday overturned the agency’s approval of popular dicamba-based herbicides made by chemical giants Bayer, BASF and Corteva Agrisciences. The ruling effectively makes it illegal for farmers to continue to use the product.
The ruling by the U.S. Court of Appeals for the Ninth Circuit found that the EPA “substantially understated the risks” of the dicamba herbicides and “failed entirely to acknowledge other risks.”
“The EPA made multiple errors in granting the conditional registrations,” the court ruling states.
Monsanto and the EPA had asked the court, if it did agree with the plaintiffs, not to immediately overturn the approvals of the weed killing products. The court said simply: “We decline to do so.”
The lawsuit was brought by the National Family Farm Coalition, Center for Food Safety, Center for Biological Diversity, and Pesticide Action Network North America.
The plaintiffs accused the EPA of breaking the law in evaluating the impacts of a system designed by Monsanto, which was bought by Bayer in 2018, that has triggered “widespread” crop damage over the last few summers and continues to threaten farms across the country.
“Today’s decision is a massive win for farmers and the environment,” said George Kimbrell of the Center for Food Safety, lead counsel in the case. “It is good to be reminded that corporations like Monsanto and the Trump Administration cannot escape the rule of law, particularly at a time of crisis like this. Their day of reckoning has arrived.”
The court found that among other problems, the EPA “refused to estimate the amount of dicamba damage, characterizing such damage as ‘potential’ and ‘alleged,’ when record evidence showed that dicamba had caused substantial and undisputed damage.”
The court also found that the EPA failed to acknowledge that restrictions it placed on the use of the dicamba herbicides would not be followed, and it determined that the EPA “entirely failed to acknowledge the substantial risk that the registrations would have anticompetitive economic effects in the soybean and cotton industries.”
Finally, the court said, the EPA entirely failed to acknowledge the risk that the new use of dicamba herbicides set up by Monsanto, BASF and Corteva would “tear the social fabric of farming communities.”
Farmers have been using dicamba herbicides for more than 50 years but traditionally avoided applying the herbicide during hot summer months, and rarely if ever over large swaths of land due to the well-known propensity of the chemical to drift far from intended target areas where it could damage crops, gardens, orchards, and shrubs.
Monsanto upended that restraint when it launched dicamba-tolerant soybean and cotton seeds a few years ago, encouraging farmers to spray new formulations of dicamba “over the top” of these genetically engineered crops during warm-weather growing months.
Monsanto’s move to create genetically engineered dicamba-tolerant crops came after its glyphosate-tolerant crops and widespread spraying of glyphosate created an epidemic of weed resistance across U.S. farmland.
Farmers, agricultural scientists and other experts warned Monsanto and the EPA that introducing a dicamba-tolerant system would not only create more herbicide resistance but would lead to devastating damage to crops that are not genetically engineered to tolerate dicamba.
Despite the warnings, Monsanto, along with BASF and Corteva AgriScience all gained approval from the EPA to market new formulations of dicamba herbicides for this widespread type of spraying. The companies claimed their new versions of dicamba would not volatize and drift as older versions of dicamba weed killing products were known to do. But those assurances have proven false amid widespread complaints of dicamba drift damage since the introduction of the new dicamba-tolerant crops and the new dicamba herbicides. More than one million acres of crop damage was reported last year in 18 states, the court noted.
As predicted, there have been thousands of dicamba damage complaints recorded in multiple states. In its ruling, the court noted that in 2018, out of 103 million acres of soybeans and cotton planted in the United States, about 56 million acres were planted with seeds with Monsanto’s dicamba-tolerance trait, up from 27 million acres the year before in 2017.
In February, a unanimous jury awarded a Missouri peach farmer $15 million in compensatory damages and $250 million in punitive damages to be paid by Bayer and BASF for dicamba damage to his property.
Bayer issued a statement following the ruling saying it strongly disagreed with the court ruling and was assessing its options.
“The EPA’s informed science-based decision reaffirms that this tool is vital for growers and does not pose any unreasonable risks of off-target movement when used according to label directions,” the company said. “If the ruling stands, we will work quickly to minimize any impact on our customers this season.”
Corteva also said its dicamba herbicides were needed farmer tools and that it was assessing its options.
BASF called the court order “unprecedented” and said it “has the potential to be devastating to tens of thousands of farmers.”
Farmers could lose “significant revenue” if they are not able to kill weeds in their soybean and cotton fields with the dicamba herbicides, the company said.
“We will use all legal remedies available to challenge this Order,” BASF said.
An EPA spokesman said the agency was currently reviewing the court decision and “will move promptly to address the Court’s directive.”
The court acknowledged the decision could be costly for farmers who have already purchased and/or planted dicamba-tolerant seeds for this season and planned to use the dicamba herbicides on them because the ruling disallows that herbicide use.
“We acknowledge the difficulties these growers may have in finding effective and legal herbicides to protect their (dicamba-tolerant) crops…” the ruling states. “They have been placed in this situation through no fault of their own. However, the absence of substantial evidence to support the EPA’s decision compels us to vacate the registrations.”
Dicamba: Farmers fear another season of crop damage; court ruling awaited
With the turn of the calendar to June, farmers in the U.S. Midwest are wrapping up the planting of new soybean crops and tending to growing fields of young corn plants and vegetable plots. But many are also bracing to be hit by an invisible enemy that has wreaked havoc in farm country the last few summers – the chemical weed killer dicamba.
Jack Geiger, a certified organic farmer in Robinson, Kansas, describes the last few summer growing seasons as characterized by “chaos,” and said he partially lost certification for one field of organic crops due to contamination with dicamba sprayed from afar. Now he is pleading with neighbors who spray the weed killer on their fields to make sure the chemical stays off his property.
“There is dicamba everywhere,” Geiger said.
Geiger is only one of hundreds of farmers around the U.S. Midwest and several southern states who have reported crop damages and losses they claim were caused by drifting dicamba over the last few years.
Farmers have been using dicamba herbicides for more than 50 years but traditionally avoided applying the herbicide during hot summer months, and rarely if ever over large swaths of land due to the well-known propensity of the chemical to drift far from intended target areas.
That restraint was reversed after Monsanto launched dicamba-tolerant soybean and cotton seeds to encourage farmers to spray new formulations of dicamba “over the top” of these genetically engineered crops. Monsanto, which is now owned by Bayer AG, along with BASF and Corteva AgriScience all gained approval from the Environmental Protection Agency (EPA) to market new formulations of dicamba herbicides for spraying over the tops of growing dicamba-tolerant crops. The companies claimed their new versions of dicamba would not volatize and drift as older versions of dicamba weed killing products were known to do.
But those assurances have proven false amid widespread complaints of dicamba drift damage since the introduction of the new dicamba-tolerant crops and the new dicamba herbicides.
A consortium of farmer and consumer groups sued the EPA over its backing of the over-the-top use of the dicamba herbicides and is now awaiting a ruling by the ninth circuit court of appeals in San Francisco regarding their demand that the court overturn the EPA’s approval of the three company’s herbicides. Oral arguments were held in April.
The consumer and environmental groups allege the EPA broke the law by failing to analyze the “significant socioeconomic and agronomic costs to farmers” leading to “catastrophic” levels of crop damage.
Lawyers for Monsanto, representing the company as a unit of Bayer, said the plaintiffs have no credible argument. The company’s new dicamba herbicide, called XtendiMax, “has assisted growers in addressing a significant nationwide weed resistance problem, and soybean and cotton yields have hit record highs nationwide during this litigation,” according to a brief filed by the company’s lawyers on May 29.
“Petitioners’ request for an order immediately halting all sales and uses of the pesticide invites legal error and potentially disastrous real-world impacts,” the company said.
As they await the federal court’s decision, farmers are hoping that new restrictions put in place by some states will protect them. The Illinois Department of Agriculture has advised applicators that they can’t spray after June 20, that they should not spray dicamba products if the temperature is over 45 degrees Fahrenheit, and that they should only apply dicamba when the wind is blowing away from “sensitive” areas. Minnesota, Indiana, North Dakota and South Dakota are among other states putting in place cut-off dates for spraying dicamba.
Steve Smith, director of agriculture at Red Gold Inc, the world’s largest canned tomato processor, said even with the state restrictions he is “extremely concerned” about the upcoming season. More acres of being planting with the dicamba-tolerant soybeans developed by Monsanto so it is likely there will be more dicamba being sprayed, he said.
“We’ve worked hard to keep the message out there of not to get close to us, but someone, sometime, is going to make a mistake that could seriously cost us our business,” he said.
Smith said he is hopeful the court will overturn the EPA approval and “stop this insanity of a system.”
Separately from the potential dicamba damage to crops, new research was recently published showing that farmers exposed to high levels of dicamba appear to have elevated risks of liver and other types of cancer. Researchers said the new data showed that an association previously seen in the data between dicamba and lung and colon cancers was “no longer apparent” with the updated data.
Documents obtained by U.S. Right to Know and other sources shine light on the inner workings of the International Food Information Council (IFIC), a trade group funded by large food and agrichemical companies, and its nonprofit “public education arm” the IFIC Foundation. The IFIC groups conduct research and training programs, produce marketing materials and coordinate other industry groups to communicate industry spin about food safety and nutrition. Messaging includes promoting and defending sugar, processed foods, artificial sweeteners, food additives, pesticides and genetically engineered foods.
How IFIC tries to communicate its message to women.
The groups were identified as part of a “Stakeholder Engagement team” that could alert the food companies to Monsanto’s “inoculation strategy” for the glyphosate cancer report.
Blogs later posted on the IFIC website illustrate the group’s patronizing “don’t worry, trust us” messaging to women. Entries include, “8 crazy ways they’re trying to scare you about fruits and vegetables,” “Cutting through the clutter on glyphosate,” and “Before we freak out, let’s ask the experts … the real experts.”
IFIC spent over $22 million in the five-year period from 2013-2017, while the IFIC Foundation spent over $5 million in those five years, according to tax forms filed with the IRS. Corporations and industry groups that support IFIC, according to public disclosures, include the American Beverage Association, American Meat Science Association, Archer Daniels Midland Company, Bayer CropScience, Cargill, Coca-Cola, Dannon, DowDuPont, General Mills, Hershey, Kellogg, Mars, Nestle, Perdue Farms and PepsiCo.
Draft tax records for the IFIC Foundation, obtained via state records requests, list the corporations that funded the group in 2011,2013 or both: Grocery Manufacturers Association, Coca-Cola, ConAgra, General Mills, Kellogg, Kraft Foods, Hershey, Mars, Nestle, PepsiCo and Unilever. The US Department of Agriculture gave IFIC Foundation $177,480 of taxpayer money in 2013 to produce a “communicator’s guide” for promoting genetically engineered foods.
IFIC also solicits money from corporations for specific product-defense campaigns. This April 28, 2014 email from an IFIC executive to a long list of corporate board members asks for $10,000 contributions to update the “Understanding our Food” initiative to improve consumer views of processed foods. The email notes previous financial supporters: Bayer, Coca-Cola, Dow, Kraft, Mars, McDonalds, Monsanto, Nestle, PepsiCo and DuPont.
A series of documents obtained by U.S. Right to Know provide a sense of how IFIC operates behind the scenes to spin bad news and defend the products of its corporate sponsors.
Connects reporters to industry-funded scientists
May 5, 2014 email from Matt Raymond, senior director of communications, alerted IFIC leadership and “media dialogue group” to “high profile stories in which IFIC is currently involved” to help spin negative news coverage, including responding to the movie Fed Up. He noted they had connected a New York Times reporter with “Dr. John Sievenpiper, our noted expert in the field of sugars.” Sievenpiper “is among a small group of Canadian academic scientists who have received hundreds of thousands in funding from soft-drink makers, packaged-food trade associations and the sugar industry, turning out studies and opinion articles that often coincide with those businesses’ interests,” according to the National Post.
Emails from 2010 and 2012 suggest that IFIC relies on a small group of industry-connected scientists to confront studies that raise concerns about GMOs. In both emails, Bruce Chassy, a University of Illinois professor who received undisclosed funds from Monsanto to promote and defend GMOs, advises IFIC on how to respond to studies raising concerns about GMOs.
DuPont executive suggests stealth strategy to confront Consumer Reports
In a February 3, 2013 email, IFIC staff alerted its “media relations group” that Consumer Reports reported concerns about the safety and environmental impact of GMOs. Doyle Karr, DuPont’s director of biotechnology policy and vice president of the board of Center for Food Integrity, forwarded the email to a scientist with a query for response ideas, and suggested confronting Consumer Reports with this stealth tactic: “Maybe create a letter to the editor signed by 1,000 scientists who have no affiliation with the biotech seed companies stating that they take issue with (Consumer Reports’) statements on the safety and environmental impact. ??”
Other PR services IFIC provides to industry
Disseminates misleading industry talking points: April 25, 2012 mail to the 130 members of the Alliance to Feed the Future “on behalf of Alliance member Grocery Manufacturers Association” claimed that the California ballot initiative to label genetically engineered foods “would effectively ban the sale of tens of thousands of grocery products in California unless they contain special labels.”
Confronts books critical of processed foods: A February 20, 2013 email describes IFIC’s strategy to spin two books critical of the food industry, “Salt, Sugar, Fat” by Michael Moss, and “Pandora’s Lunchbox” by Melanie Warner. Plans included writing book reviews, disseminating talking points and “exploring additional options to enhance engagement in the digital media measured by the extent of coverage.” In a February 22, 2013 email, an IFIC executive reached out to three academics — Roger Clemens of the University of Southern California, Mario Ferruzzi of Purdue University and Joanne Slavin of University of Minnesota — to ask them to be available for media interviews about the books. The email provided the academics with summaries of the two books and IFIC’s talking points defending processed foods. “We will appreciate you sharing any specific talking points about specific science issues that are raised in the books,” states the email from Marianne Smith Edge, IFIC’s senior vice president of nutrition and food safety.
Research and surveysto support industry positions; one example is a 2012 survey that found 76% of consumers “can’t think of anything additional they would like to see on the label” that was used by industry groups to oppose GMO labeling.
“Don’t worry, trust us” marketing brochures, such as this one explaining that food additives and colors are nothing to worry about. The chemicals and dyes “have played an important role in reducing serious nutritional deficiencies among consumers,” according to the IFIC Foundation brochure that was “prepared under a partnering agreement with the US Food and Drug Administration.”
Last month the Food & Drug Administration published its latest annual analysis of the levels of pesticide residues that contaminate the fruits and veggies and other foods we Americans routinely put on our dinner plates. The fresh data adds to growing consumer concern and scientific debate over how pesticide residues in food may contribute – or not – to illness, disease and reproductive problems.
Over 55 pages of data, charts and graphs, the FDA’s “Pesticide Residue Monitoring Program” report also provides a rather unappetizing example of the degree to which U.S. farmers have come to rely on synthetic insecticides, fungicides and herbicides in growing our food.
We learn, for instance, in reading the latest report, that traces of pesticides were found in 84 percent of domestic samples of fruits, and 53 percent of vegetables, as well as 42 percent of grains and 73 percent of food samples simply listed as “other.” The samples were drawn from around the country, including from California, Texas, Kansas, New York and Wisconsin.
Roughly 94 percent of grapes, grape juice and raisins tested positive for pesticide residues as did 99 percent of strawberries, 88 percent of apples and apple juice, and 33 percent of rice products, according to the FDA data.
Imported fruits and vegetables actually showed a lower prevalence of pesticides, with 52 percent of fruits and 46 percent of vegetables from abroad testing positive for pesticides. Those samples came from more than 40 countries, including Mexico, China, India and Canada.
We also learn that for the most recently reported sampling, among the hundreds of different pesticides, the FDA found traces of the long-banned insecticide DDT in food samples, as well as chlorpyrifos, 2,4-D and glyphosate. DDT is linked to breast cancer, infertility and miscarriage, while chlorpyrifos – another insecticide – has been scientifically shown to cause neurodevelopmental problems in young children.
Chlorpyrifos is so dangerous that the European Food Safety Authority has recommended a ban of the chemical in Europe, finding that there is no safe exposure level. The herbicides 2,4-D and glyphosate are both linked to cancers and other health problems as well.
Thailand recently said it was banning glyphosate and chlorpyrifos due to the scientifically established risks of these pesticides.
Despite the prevalence of pesticides found in U.S. foods, the FDA, along with the Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA), assert that pesticide residues in food are really nothing to worry about. Amid heavy lobbying by the agrichemical industry the EPA has actually supported continued use of glyphosate and chlorpyrifos in food production.
The regulators echo the words of Monsanto executives and others in the chemical industry by insisting that pesticide residues pose no threat to human health as long as the levels of each type of residue falls under a “tolerance” level set by the EPA.
In the most recent FDA analysis, only 3.8 percent of domestic foods had residue levels that were considered illegally high, or “violative.” For imported foods, 10.4 percent of the foods sampled were violative, according to the FDA.
What the FDA did not say, and what regulatory agencies routinely avoid saying publicly, is that the tolerance levels for certain pesticides have risen over the years as the companies that sell the pesticides request higher and higher legal limits. The EPA has approved several increases allowed for glyphosate residues in food, for instance. As well, the agency often makes the determination that it need not comply with a legal requirement that states the EPA “shall apply an additional tenfold margin of safety for infants and children” in setting the legal levels for pesticide residues. The EPA has overridden that requirement in the setting of many pesticide tolerances, saying no such extra margin of safety is needed to protect children.
The bottom line: The higher the EPA sets the “tolerance” allowed as the legal limit, the lower the possibility that regulators will have to report “violative” residues in our food. As a result, the U.S. routinely allows higher levels of pesticide residues in food than other developed nations. For example, the legal limit for the weed killer glyphosate on an apple is 0.2 parts per million (ppm) in the United States but only half that level – 0.1 ppm – is allowed on an apple in the European Union. As well, the U.S. allows residues of glyphosate on corn at 5 ppm, while the EU allows only 1 ppm.
As legal limits rise for pesticide residues in food, many scientists have been increasingly raising alarms about the risks of regular consumption of the residues, and the lack of regulatory consideration of the potential cumulative impacts of consuming an array of bug and weed killers with every meal.
A team of Harvard scientists are calling for in-depth research about potential links between disease and consumption of pesticide as they estimate that more than 90 percent of people in the United States have pesticide residues in their urine and blood due to consumption of pesticide-laced foods. A study connected to Harvard found that dietary pesticide exposure within a “typical” range was associated both with problems women had getting pregnant and delivering live babies.
Additional studies have found other health problems tied to dietary exposures to pesticides, including to glyphosate. Glyphosate is the most widely used herbicide in the world and is the active ingredient in Monsanto’s branded Roundup and other weed killing products.
Pesticide Industry Push Back
But as the concerns mount, agrichemical industry allies are pushing back. This month a group of three researchers with long-standing close ties to the companies that sell agricultural pesticides released a report seeking to soothe consumer worries and discount the scientific research.
The report, which was issued Oct. 21, stated that “there is no direct scientific or medical evidence indicating that typical exposure of consumers to pesticide residues poses any health risk. Pesticide residue data and exposure estimates typically demonstrate that food consumers are exposed to levels of pesticide residues that are several orders of magnitude below those of potential health concern.”
Not surprisingly, the three authors of the report are closely tied to the agrichemical industry. One of the report’s authors is Steve Savage, an agrichemical industry consultant and former DuPont employee. Another is Carol Burns, a former scientist for Dow Chemical and current consultant for Cortevia Agriscience, a spin-off of DowDuPont. The third author is Carl Winter, Chair of the Department of Food Science and Technology at the University of California at Davis. The university has received approximately $2 million a year from the agrichemical industry, according to a university researcher, though the accuracy of that figure has not been established.
The authors took their report directly to Congress, holding three different presentations in Washington, D.C., designed to promote their message of pesticide safety for use in “media food safety stories, and consumer advice regarding which foods consumers should (or should not) consume.”
The pro-pesticide sessions were held at the office buildings for members of Congress and, appropriately it seems, at the headquarters for CropLife America, the lobbyist for the agrichemical industry.
Monsanto Relied on These “Partners” to Attack Top Cancer Scientists
This fact sheet describes the contents of Monsanto’s confidential public relations plan to discredit the World Health Organization’s cancer research unit, the International Agency for Research on Cancer (IARC), in order to protect the reputation of Roundup weedkiller. In March 2015, the international group of experts on the IARC panel judged glyphosate, the key ingredient in Roundup, to be probably carcinogenic to humans.
The Monsanto plan names more than a dozen “industry partner” groups that company executives planned to “inform / inoculate / engage” in their efforts to protect the reputation of Roundup, prevent the “unfounded” cancer claims from becoming popular opinion, and “provide cover for regulatory agencies.” Partners included academics as well as chemical and food industry front groups, trade groups and lobby groups — follow the links below to fact sheets that provide more information about the partner groups.
Together these fact sheets provide a sense of the depth and breadth of the corporate attack on the IARC cancer experts in defense of Monsanto’s top-selling herbicide.
Monsanto’s objectives for dealing with the IARC carcinogenicity rating for glyphosate (page 5).
A key document released in 2017 in legal proceedings against Monsanto describes the corporation’s “preparedness and engagement plan” for the IARC cancer classification for glyphosate, the world’s most widely used agrichemical. The internal Monsanto document — dated Feb. 23, 2015 — assigns more than 20 Monsanto staffers to objectives including “neutralize impact of decision,” “regulator outreach,” “ensure MON POV” and “lead voice in ‘who is IARC’ plus 2B outrage.” On March 20, 2015, IARC announced its decision to classify glyphosate as Group 2A carcinogen, “probably carcinogenic to humans.”
Page 5 of the Monsanto document identifies four tiers of “industry partners” that Monsanto executives planned to engage in its IARC preparedness plan. These groups together have a broad reach and influence in pushing a narrative about cancer risk that protects corporate profits.
Tier 1 industry partners are agrichemical industry-funded lobby and PR groups.
Tier 3 industry partners are food-industry funded nonprofit and trade groups. These groups were tapped to, “Alert food companies via Stakeholder Engagement team (IFIC, GMA, CFI) for ‘inoculation strategy’ to provide early education on glyphosate residue levels, describe science-based studies versus agenda-driven hypotheses” of the independent cancer panel.
Tier 4 industry partners are “key grower’s associations.” These are the various trade groups representing corn, soy and other industrial growers and food manufacturers.
Orchestrating outcry against the cancer report on glyphosate
Monsanto’s PR document described their plans to conduct robust media and social media outreach to “orchestrate outcry with the IARC decision.”
How that played out can be seen in the writings of the industry partner groups that used common messaging and sources to accuse the cancer research agency of wrongdoing and attempt to discredit the scientists who worked on the glyphosate report.
Examples of the attack messaging can be seen on the Genetic Literacy Project website. This group claims to be an independent source on science, however, documents obtained by U.S. Right to Know show that Genetic Literacy Project works with Monsanto on PR projects without disclosing those collaborations. Jon Entine launched the group in 2011 when Monsanto was a client of his PR firm. This is a classic front group tactic; moving a company’s messaging through a group that claims to be independent but isn’t.
Plan suggests Sense About Science to “lead industry response”
Monsanto’s PR document discusses plans to conduct robust media and social media outreach to “orchestrate outcry with the IARC decision.” The plan suggests the group Sense About Science (in brackets with a question mark) for “leads industry response and provides platform for IARC observers and industry spokesperson.”
Page 2 of the Monsanto PR document identifies the first external deliverable for planning and preparation: “Engage Henry Miller” to “inoculate / establish public perspective on IARC and reviews.”
“I would if I could start with a high-quality draft.”
Henry I. Miller, MD, a fellow at the Hoover Institution and founding director of the FDA’s Office of Biotechnology, has a long documented history of working with corporations to defend hazardous products. The Monsanto plan identifies the “MON owner” of the task as Eric Sachs, Monsanto’s science, technology and outreach lead.
Documents later reported by The New York Times reveal that Sachs emailed Miller a week before the IARC glyphosate report to ask if Miller was interested in writing about the “controversial decision.” Miller responded, “I would if I could start with a high-quality draft.” On March 23, Miller posted an article on Forbes that “largely mirrored” the draft provided by Monsanto, according to the Times. Forbes severed its relationship with Miller in the wake of the ghostwriting scandal and deleted his articles from the site.
Monsanto’s senior science lead Daniel Goldstein wrote his colleagues, “I can assure you I am not all starry eyed about ACSH- they have PLENTY of warts- but: You WILL NOT GET A BETTER VALUE FOR YOUR DOLLAR than ACSH” (emphasis his). Goldstein sent links to dozens of ACSH materials promoting and defending GMOs and pesticides that he described as “EXTREMELY USEFUL.”
Pamela Ronald, PhD, a professor of plant pathology at the University of California, Davis and author of the 2008 book “Tomorrow’s Table,” is a well-known advocate for genetically engineered foods. Less known is Dr. Ronald’s role in organizations that portray themselves as acting independently of industry, but in fact are collaborating with chemical corporations to promote and lobby for GMOs and pesticides, in arrangements that are not transparent to the public.
The Genetic Literacy Project is described in an award-winning Le Monde investigation as a “well-known propaganda website” that played a key role in Monsanto’s campaign to discredit the World Health Organization cancer research agency’s report on glyphosate. In a 2015 PR document, Monsanto identified Genetic Literacy Project among the “industry partners” the company planned to engage to “orchestrate outcry” about the cancer report. GLP has since published many articles attacking the cancer scientists as “anti-chemical enviros” who lied and engaged in corruption, distortion, secrecy and fraud.
In 2015, the Genetic Literacy Project moved to a new parent organization, the Science Literacy Project. IRS tax filings for that year indicated that Dr. Ronald was a founding board member of the Science Literacy Project, but emails from August 2018 show that Dr. Ronald convinced Entine to retroactively remove her name from the tax form after it became known she was listed there (the amended tax form is now available here). Dr. Ronald wrote to Entine, “I did not serve on this board and did not give permission for my name to be listed. Please take immediate action to notify the IRS that my name was listed without consent.”Entine wrote that he had a different recollection. “I clearly recall you agreeing to be part of the board and head the initial board … You were enthusiastic and supportive in fact. There is no question in my mind that you agreed to this.” Nevertheless he agreed to try to get her name removed from the tax document.
The two discussed the tax form again in December 2018 after this fact sheet was posted. Entine wrote, “I listed you in the original 990 based on a telephone conversation in which you agreed to be on the board. When you represented to me that you disagreed, I purged the record as you requested.” In another email that day, he reminded Dr. Ronald that “in fact you were associated with ‘that organization: as we worked together, seamlessly and constructively, in making the boot camp at your university a great success.”
Founded, led UC Davis group that elevated industry PR efforts
Dr. Ronald was the founding director of the World Food Center’s Institute for Food and Agricultural Literacy (IFAL), a group launched in 2014 at UC Davis to train faculty and students to promote genetically engineered foods, crops and pesticides. The group does not fully disclose its funding.
Keynote speakers were Dr. Ronald, Yvette d’Entremont the Sci Babe, a “science communicator” who defends pesticides and artificial sweeteners while taking money from companies that sell those products, and Ted Nordhaus of the Breakthrough Institute. (Nordhaus was also listed as a Science Literacy Project board member on the original 2015/2016 tax form, but his name was removed along with Dr. Ronald’s in the amended form Entine filed in 2018; Nordhaus said he never served on the board.)
In April 2015, Dr. Ronald emailed Entine and Alison Van Eenennaam, PhD, a former Monsanto employee and cooperative extension specialist at UC Davis, to suggest they find a student to write about farmers using more toxic pesticides to grow non-GMO corn. “I suggest we publicize this fact (once we get the details) and then organize a chipotle boycott,” Dr. Ronald wrote. Entine directed an associate to write an article for Genetic Literacy Project on the theme that “pesticide use often soars” when farmers switch to a non-GMO model to supply restaurants like Chipotle. The article, co-authored by Entine and touting his UC Davis affiliation, fails to substantiate that claim with data.
Played leading role in industry-funded propaganda movie
Dr. Ronald featured prominently in Food Evolution, a documentary film about genetically engineered foods funded by the trade group Institute for Food Technologists. Dozens of academics have called the film propaganda, and several people interviewed for the film described a deceptive filming process and said their views were taken out of context.
Advisor for Cornell-based GMO public relations campaign
Documents obtained by U.S. Right to Know indicate that Dr. Ronald receives compensation from agrichemical companies to speak at events where she promotes GMOs to key audiences that companies seek to influence, such as dieticians. Emails from November 2012 provide an example of how Dr. Ronald works with companies.
Retraction Watch reported that, “2013 was a rough year for biologist Pamela Ronald. After discovering the protein that appears to trigger rice’s immune system to fend off a common bacterial disease – suggesting a new way to engineer disease-resistant crops – she and her team had to retract two papers in 2013 after they were unable to replicate their findings. The culprits: a mislabeled bacterial strain and a highly variable assay. However, the care and transparency she exhibited earned her a ‘doing the right thing’ nod from us at the time.”