EPA exposed for hiding chemical risks, favoring corporate interests

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The U.S. Environmental Protection Agency (EPA) has a long and well-documented history of questionable conduct when it comes to regulation of chemicals important to the profit centers for many large and powerful corporations.  Numerous examples show a pattern of agency actions that allow for the use of dangerous chemicals by consumers, farmers, groundskeepers and others despite evidence of harm.

Documents and other evidence, including information provided in public disclosures by multiple EPA scientists, reveals actions in which EPA managers have intentionally covered up risks associated with certain chemicals. According to the evidence from these EPA insiders, pressure from chemical manufacturers, chemical industry lobbyists and from certain U.S. lawmakers drives internal agency manipulations that protect corporate interests but endanger public health.

Evidence indicates the misconduct dates back decades and has occurred in administrations led by Democrats and Republican alike.

A research project sponsored by Harvard University’s Edmond J. Safra Center for Ethics said while the EPA has “many dedicated employees who truly believe in its mission,” the agency has been “corrupted by numerous routine practices,” including a “revolving door” between EPA and industry in which corporate lawyers and lobbyists gain positions of agency power; constant  industry lobbying against environmental regulations; pressure from  lawmakers who are beholden to donors; and meddling by the White House.

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Background: Blowing the whistle

The Frank R. Lautenberg Chemical Safety for the 21 Century Act, signed into law on June 22, 2016, was the first substantive reform to Toxic Substances Control Act (TSCA). The law requires EPA to make an affirmative determination on whether a new chemical substance presents an “unreasonable risk” to human health or the environment under “known, intended or reasonably foreseen conditions of use.” See information here.

Despite the law, the EPA has failed to make valid determinations about the risk presented by numerous chemicals.

In June 2021, four EPA scientists, each working within the agency’s Office of Chemical Safety and
Pollution Prevention (OCSPP), publicly accused the the EPA of deliberate tampering with chemical risk assessments. The four whistleblowers made their complaints public through a group called Public  Employees for Environmental Responsibility (PEER).

In a June 28 letter to the U.S. House Committee on Oversight and Reform, PEER said the four EPA scientists were providing “disturbing evidence of fraud and corruption,” involving “deliberate tampering with chemical risk assessments conducted under the Toxics Substances Control Act (TSCA), including PFAS (a.k.a. “forever chemicals”), and the deletion of potential health effects without the knowledge or consent of the human health assessors.”

The letter further states:

“All four clients have experienced numerous instances where their risk assessments were changed
by their managers or by colleagues in response to direction by management. These changes
include –
● Deleting language identifying potential adverse effects, including developmental toxicity,
neurotoxicity, mutagenicity, and/or carcinogenicity;
● Major revisions that alter the report conclusions to indicate that there are no toxicity
concerns despite data to the contrary; and
● Risk assessments being reassigned to inexperienced employees in order to secure their
agreement to remove issues whose inclusion would be protective of human health.”

As a result of the manipulations, people who work with these chemicals are not receiving information they need to protect themselves, such as “proper handling procedures, personal protection needed, accidental release measures, and first aid and firefighting measures,” according to PEER.
This is a particular concern for pregnant women, according to the PEER complaint.

Erasing important information

On August 26, 2021, PEER filed a separate complaint alleging that the EPA has been breaking the law by erasing original versions of internal communications and draft documents and retaining only the final version of key documents. The practice violates the Federal Records Act by eliminating details of the decision-making process from outside review, according to PEER.

PEER states that that discarding of documents trails is not only contrary to law but also violates the EPA’s own records retention policy. According to PEER, its complaint focuses on two classes of documents:

  • Alterations of chemical risk assessments by managers in which both the identity of the manager and the alterations themselves are not apparent; and
  • Internal comments related to the development of its Waters of the United States (WOTUS) rule, in which EPA software overwrote the original and all prior versions any time there was an edit. Thus, only the “final” version was saved.

“It is as if EPA memorializes its internal decision-making in disappearing ink,” PEER Executive Director Tim Whitehouse, a former EPA enforcement attorney, said in a press release. “EPA’s record-keeping practices allow unknown officials to make changes while disguising what precisely was changed and who changed them.”

PEER said it has asked the National Archives and Records Administration to intervene to prevent the EPA from destroying more records and to adopt safeguards to prevent any recurrences.

The case of Ruth Etzel

Ruth Etzel,  former director of the EPA’s Office of Children’s Health Protection (OCHP), filed a  whistleblower complaint with the U.S. Merit Systems Protection Board contending she was subject to illegal retaliation in 2018 and 2019. Etzel said the agency retaliated against her after she complained publicly about what she said was  EPA resistance to stronger public protections against lead poisoning.

At the EPA it was Etzel’s job to determine the impacts of regulations on children. But she alleges she was improperly removed from her position after speaking out about EPA failures, and was assigned to a division where she was not allowed to work on prevention of lead poisoning.

Etzel is both a pediatrician and an epidemiologist and is recognized internationally as an expert on child health and the environment. She was named the 2021 winner of the Public Policy and Advocacy Award by the Academic Pediatric Association.

More than 120 environmental and health organizations  complained to EPA about Etzel’s removal, saying the agency was sending a “signal that children’s health is not a priority for the agency.”

Reporting on EPA’s misconduct

See here information, including news articles, regarding alleged EPA misconduct and regulatory failures:

New evidence of corruption at EPA chemicals division, by Sharon Lerner, The Intercept, September 18, 2021

EPA whistleblower testifies her advocacy for stronger health protections drew agency retaliation, by Carey Gillam, USRTK, September 13, 2021

‘The harm to children is irreparable’: Ruth Etzel speaks out ahead of EPA whistleblower hearing, Carey Gillam, The Guardian, September 12, 2021

The EPA’s rationale for banning chlorpyrifos may make it harder to eliminate other brain-harming pesticides , Sharon Lerner, The Intercept, August 24, 2021.

Formaldehyde causes leukemia, according to EPA assessment suppressed by Trump officials, Sharon Lerner, The Intercept, August 19, 2021.

EPA exposed: Leaked audio shows pressure to overrule scientists in “hair-on-hire” cases,  Sharon Lerner, The Intercept, August 4, 2021.

Whistleblowers expose corruption in EPA chemical safety office, Sharon Lerner, The Intercept, July 2, 2021.

How pesticide companies corrupted the EPA and poisoned America, Sharon Lerner, The Intercept, June 30, 2021.

Flawed analysis of an intentional human dosing study and its impact on chlorpyrifos risk assessment,  Lianne Sheppard, Seth McGrew, Richard Fenske, Environment International, July 2020.

Further Efforts Needed to Uphold Scientific Integrity Policy at EPA,  U.S. Environmental Protection Agency Office of Inspector General, May 20, 2020.

EPA Allowed Companies to Make 40 New PFAS Chemicals Despite Serious Risks, Sharon Lerner, The Intercept, September, 19, 2019.

E.P.A. Won’t Ban Chlorpyrifos, Pesticide Tied to Children’s Health Problems, Lisa Friedman, New York Times, July 18, 2019.

Emails show Trump EPA overruled career staff on Wisconsin air pollution, Timothy Gardner, Reuters, May 28, 2019.

US environment agency cuts funding for kids’ health studies, Sara Reardon, Nature, May 13, 2019.

Meet 3 women who stood up to Trump to protect the American people — and lost their jobs,  The Hill, January 19, 2019.

White House, EPA headed off chemical pollution study, Annie Snider, Politico, May 14, 2018.

Whitewash: The Story of a Weed Killer, Cancer, and the Corruption of Science, Carey Gillam, Island Press, October 10, 2017.

Records Show EPA Efforts to Slow Herbicide Review Came in Coordination with Monsanto, Carey Gillam, Huffington Post, August 18, 2017.

EPA Official Accused of Helping Monsanto “Kill” Cancer Study, Joel Rosenblatt, Lydia Mulvany, and Peter Waldman, Bloomberg, March 14, 2017.

Poison Spring- The Secret History of Pollution and the EPA, Evaggelos Vallianatos and McKay Jenkins, Bloomsbury Press, April 14, 2014.

EPA’s “scientific integrity” program lacks teeth, group alleges

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Insiders at the Environmental Protection Agency (EPA) have alleged dozens of violations of the agency’s “scientific integrity” policy over the last few years, including complaints of political interference and tampering with chemical risk assessments, but nearly all the complaints have been ignored, according to an analysis conducted by a nonprofit group representing EPA employees.

Seven complaints were filed very recently- between January and July of this year, according to EPA data obtained by the group.

Since 2017 there have been a total of 68 allegations of scientific integrity violations inside the EPA, including 35 allegations filed between 2019 and mid-year 2021, according to Public Employees for Environmental Responsibility (PEER).

PEER is currently representing four EPA scientists who have come forward as whistleblowers, offering internal agency emails and other documents as evidence of what they allege is wide-spread corruption driven by powerful political and corporate influences.

Among other things, those whistleblowers have claimed specifically that chemical risk assessments have been altered, or otherwise tampered with, in order to make chemicals entering the marketplace appear safer than they actually are. The result leaves the public exposed to chemicals that may cause cancer, developmental problems or other hidden health risks.

Importantly, the whistleblowers have said that agency misconduct has continued through the first several months of the Biden administration.

The information obtained by PEER shows that of the 35 allegations filed from 2019 through June 2021, 12 were closed, 22 remained unresolved and only one was deemed “substantiated,” but even that one has not led to any punishment.

“It’s a complete sham,” Jeff Ruch, one of PEER’s regional directors and former executive director, said of the EPA’s scientific integrity program. “They give the illusion that they have a program, but it’s worse than nothing because it suggests they’re holding themselves to a high standard of scientific integrity when they’re not.”

Interference

The EPA has publicly reported scientific integrity complaint information through 2018, but has not filed public reports for complaint information since. The data for 2019 through June of 2021 was procured by PEER through a Freedom of Information Act request. The nonprofit requested details about the complaints and their handling but EPA provided only very limited information illustrated in pie charts.

The information in the pie charts shows that “interference” in scientific work ranked as the most often-cited type of complaint. Five of the seven complaints recorded for the first half of 2021 were for interference, for instance.

Shortly after taking office, President Biden launched a review of federal scientific integrity policies, saying “Scientific findings should never be distorted or influenced by political considerations.”

The directive said ”Improper political interference in the work of Federal scientists… undermines the welfare of the Nation, contributes to systemic inequities and injustices, and violates the trust that the public places in government to best serve its collective interests.”

In one example of such interference, PEER filed a complaint last year with the EPA’s Office of  Inspector General charging that then EPA Administrator Andrew Wheeler, along with other high-ranking EPA officials, excluded key scientific information and the analysis of experts​ in changing the definition of “water of the United States” under the Clean Water Act, a move PEER and others said threatened clean drinking water around the country. 

“Major” hindrances

PEER describes what it calls “major” hindrances within the EPA’s Scientific Integrity program, including a “lack of investigative staff,” an “inability to draw upon expertise needed to assess technical issues,” and the “absence of any protocol for reviewing or investigating complaints.”

And notably, violations of the agency’s scientific integrity policy carry no penalties, PEER said.  The group’s experience representing whistleblowers indicates violations are largely addressed by trying to “persuade non-compliant managers to address their own violations,” PEER said.

The group said with respect to the current whistleblower complaints PEER is involved in, the EPA scientists notified the agency’s office of scientific integrity last November about their concerns about a memorandum that made policy changes they scientists said weakened human health assessments in a way that made them less likely to find risks with a new chemical substance. Their concerns were ignored for months, according to PEER. The memorandum was eventually revoked, but the altered chemical assessments were not corrected and the scientists fear the policy memo will be reinstituted, according to PEER.

In the EPA’s 2018 report, the agency said that “Scientific integrity remains an ongoing priority for EPA,” and said the agency works with special advisors and committees and engages the Office of Inspector General (OIG) when needed to protect and advance the integrity of the agency’s scientific work.

“Scientific integrity is the compass that guides EPA in its mission to protect human health
and the environment,” the agency states in the report.

Scientist testifies in Roundup trial; judge reverses ruling that had helped Monsanto

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A former U.S. government scientist testifying in the fourth Roundup cancer trial to be held in the United States told a California jury this week that multiple research studies conducted over many years show an “almost certain” connection between Monsanto glyphosate-based herbicides and cancer.

Christopher Portier, who is testifying as expert witness on behalf of plaintiff Donnetta Stephens in her lawsuit against Monsanto, appeared in person in the courtroom earlier in the week but answered questions from Monsanto’s lawyer via Zoom on Thursday due to travel commitments.

Portier was also an expert witness for the plaintiffs in the three prior Roundup trials. In each of the prior trials, juries agreed that Monsanto’s glyphosate herbicides caused the plaintiffs to develop a type of cancer called non-Hodgkin lymphoma (NHL).

In hours of testimony that stretched over several days, Portier told jury members about studies done on human cell lines as well as studies conducted on laboratory animals and studies of exposure and disease incidence in humans. The evidence of a cancer connection was strongest in the animal studies, and was supported by the additional research, he said.

“I am certain that glyphosate can cause tumors in animals,” including malignant lymphomas in mice, Portier testified. When asked his opinion on the question of whether or not real-world Roundup exposure can cause NHL in people, Portier said: “I believe that it does, I think the strength of that belief is almost certain but not quite.”

Regular Roundup user 

Lawyers for Stephens say that she was a regular user of Roundup herbicide for more than 30 years and it was that extended exposure to the glyphosate-based products made popular by Monsanto that caused her NHL.

Stephens was diagnosed in 2017 and has suffered from numerous health complications amid multiple rounds of chemotherapy since then. Because of her poor health,  a judge in December granted Stephens a trial “preference,” meaning her case was expedited, after her lawyers informed the court that Stephens is “in a perpetual state of pain,” and losing cognition and memory.

She is one of tens of thousands of plaintiffs who filed U.S. lawsuits against Monsanto after the World Health Organization’s cancer experts classified glyphosate – the active ingredient in Monsanto’s herbicides – as a probable human carcinogen with an association to non-Hodgkin lymphoma.

Judge Gilbert Ochoa of the Superior Court of San Bernardino County in California is overseeing the proceedings.

Judge reverses order on preemption

In a move that could prove important to the outcome of the case,  Judge Ochoa this week reversed his own pretrial ruling related to Monsanto’s argument that federal law preempts the “failure to warn” claims that Stephens’ lawyers want to present to the jury.

The judge had agreed with Monsanto that federal law regarding pesticide regulation and labeling preempts failure-to-warn claims under state law, and he had limited the ability of Stephens’ lawyers to pursue such claims.

But the judge changed his position after the 1st Appellate District in the Court of Appeal for California issued a ruling on Monday denying Monsanto’s preemption argument in a separate case.

The appeals court issued scathing criticism of Monsanto, writing that “substantial evidence supports the jury’s verdicts” and that “Monsanto’s conduct evidenced reckless disregard of the health and safety of the multitude of unsuspecting consumers it kept in the dark.”

The day after the appeals court ruling, Monsanto noted in a brief filed with Judge Ochoa that it recognized the appellate court decision was “binding” on the San Bernardino court, but said the appeals court “committed legal error.”

Monsanto owner Bayer AG has said publicly it sees its best hope of escaping ongoing litigation in persuading the U.S. Supreme  Court to review and overturn one of the trial losses on the preemption issue.

Another trial sought in St. Louis 

After losing the first three trials, Bayer, which bought Monsanto in 2018, has settled other cases that had been scheduled to go to trial. And in 2020, the company said it would pay roughly $11 billion to settle about 100,000 existing Roundup cancer claims. Late last month, Bayer said it would set aside another $4.5 billion toward Roundup litigation liability.

Bayer also announced it would stop selling Roundup, and other herbicides made with the active ingredient glyphosate, to U.S. consumers by 2023. But the company continues to sell the products for use by farmers and commercial applicators.

But several law firms continue to seek to bring cases to trial. In late July, lawyers for a group of 13 plaintiffs filed a motion with the St. Louis County Circuit Court seeking a trial date. That case is 19SL-CC04115, Kyle Chaplick et al v Monsanto.

Trial lawyers accuse Monsanto, Bayer of “pay-to-appeal scheme,” allege “fraud”

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The lawyers who led the nationwide U.S. Roundup litigation through three trial victories and forced Monsanto owner Bayer AG into an $11 billion settlement have notified a federal court that they have uncovered evidence of fraud in a secret deal between Monsanto and a lone plaintiff’s lawyer who has not been active in the litigation until recently.

In a series of filings made Thursday with the U.S. Court of Appeals for the 11th Circuit, lawyers from three firms involved in the three successful Roundup trials alerted the court to what they said was an effort by Monsanto to “buy” a favorable appellate court ruling.

The agreement between Monsanto and one plaintiff and his attorney is a “pay-to-appeal scheme,” according to plaintiffs’ lawyers Aimee Wagstaff, Brent Wisner and Jennifer Moore.  The legal team asks the court to dismiss the appeal they allege is the focus of the scheme.

The lawyer involved in cutting the deal with Monsanto is Ashleigh Madison of Southeast Law LLC in Savannah, Georgia.  Madison confirmed various terms of the arrangement with Monsanto to Wagstaff’s firm in an email and phone conversations recounted in a declaration, according to the filings made Thursday.

When contacted for comment, Madison denied the allegations and said her client’s best interests are her “top priority.” She said she looks “forward to further addressing the matter before a court of law, as our system of justice intends.”

Bayer, which bought Monsanto in 2018, also said the claims made by Wagstaff, Wisner and Moore are false.  The company issued a statement saying it has been “completely transparent about its desire to appeal Roundup failure-to-warn cases on federal preemption grounds,” and the deal with Madison and her client is “an appropriate path for such an appeal.”

Monsanto has lost all appeals associated with the first case that went to trial, Johnson v. Monsanto, and has appeals pending in the two subsequent trials it lost. Juries in the three trials found the company’s glyphosate-based weed killers such as Roundup caused non-Hodgkin lymphoma suffered by plaintiffs, and that Monsanto failed to warn of the risks.

The company’s primary hope at this point is to get a U.S. Supreme Court finding that the U.S. Environmental Protection Agency’s approval of its products, and stance that those products are not likely to cause cancer, essentially bars complaints that Monsanto didn’t warn of any cancer risk with its herbicides. Monsanto is asserting the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state laws and a duty to warn.

But a 2005 U.S. Supreme Court ruling in a case titled Bates v. Dow Agrosciences established that the EPA’s approval of a product does not rule out claims of a failure to warn brought under state law, and FIFRA expressly states that EPA approval doesn’t constitute an absolute defense. Citing the law and the precedent, more than a dozen federal and state courts have rejected the preemption argument, according to the filing submitted Thursday by the plaintiffs’ lawyers.

If Bayer can force one of the weaker cases to the U.S. Supreme Court and win on preemption, it would thwart the key claims brought by tens of thousands of plaintiffs and likely save Bayer from significant ongoing legal liability costs.

Georgia judge decision

At the heart of the matter is one case, that of Carson v. Monsanto, filed in 2017. The case alleged that plaintiff John Carson developed malignant fibrous histiocytoma (MFH) from exposure to Roundup. The legal team for the nationwide litigation point out in their filing this week that while there is robust scientific evidence associating Roundup exposure to NHL, there is a lack of scientific evidence associating Roundup to MFH, differentiating the case from the bulk of others filed against the company.

The case languished until Monsanto filed a motion with U.S. District Judge R. Stan Baker in Savannah, Georgia seeking a judgment in its favor on the issue of federal preemption. The district court judge found in favor of Monsanto, agreeing the Carson claim was preempted and the company had no duty to warn of a cancer risk. The judge ruled in favor of Carson, however, on claims that Monsanto was negligent and the design of Roundup products was defective.

Monsanto has since told Carson and his attorney to drop the claims they won on and appeal the preemption ruling they lost, according to the declaration filed by David Wool, a lawyer in the Andrus Wagstaff plaintiffs’ firm.

“Monsanto’s counsel, Martin Calhoun of Hollingsworth LLP, told Madison that Monsanto would never pay her client anything unless he appealed the District Court’s preemption decision – a decision that Monsanto won – and that Monsanto was offering to pay Carson money to appeal the decision,” the declaration states.

Monsanto agreed to pay Carson an undisclosed sum only if he will appeal the decision, according to the new court filing. If he does not drop the claims he won and appeal the preemption matter Monsanto has threatened to make him pay nearly $100,000 in legal fees and costs, according to information turned up by Wagstaff, Wisner and Moore’s law firms.

Carson is required by the deal to appeal only the preemption issue and no other elements of his claims, the legal challenge states:

“While Monsanto’s Civil Appeal Statement suggests it paid Carson to settle his claims not subject to this appeal, in truth, it did no such thing. Payment of the first sum was tied to noticing the appeal, not dismissal of any of Carson’s claims. Carson’s attorney openly admits that Monsanto would never pay Carson unless he appealed the district court’s preemption ruling and corroborated, in writing, that the settlement agreement requires Carson to appeal. If Carson does not appeal, he does not get paid. Indeed, his appeal is so central to getting paid that if he elects to not appeal, he is not only bereft of any settlement, but he is also subject to hefty  liquidated damages. Monsanto is paying Carson to appeal and then threatening him if he does not follow through.

“This appeal should be dismissed—any other result would set a dangerous precedent of appellate review being “for sale” to deep-pocketed litigants. This appeal should be dismissed—any other result would set a dangerous precedent of appellate review being “for sale” to deep-pocketed litigants.”

Allowing the Monsanto-manufactured appeal to go forward “risks turning the justice system on its head by allowing deep-pocketed parties to attempt to broaden the scope of favorable rulings they receive by coercing their adversaries to appeal. This Court’s decisions should not be for sale,” the plaintiffs’ team states in their filing. “This sort of judicial manipulation must be loudly and forcefully rejected.”

Monsanto “ulterior motives”

The declaration filed by Wool recounts conversations with Madison, Carson’s attorney. He states: “On March 15, 2021 I called attorney Ashleigh Madison. During the conversation, Madison confirmed her client’s settlement agreement with Monsanto in the Carson case, and stated that the “first payment” was triggered by filing a notice of appeal.  I expressed my concern that Monsanto had concocted this settlement agreement in an attempt to create favorable appellate law for itself. Madison confirmed that this was her understanding as well, stating that she believed Monsanto had “ulterior motives.”

According to Wool, Madison said her client had only a “very slim chance” of winning the appeal Monsanto was inducing them to file. Still, her client would obtain a “high” value from Monsanto, she told Wool, according to the declaration.

In their letter brief to the court, the trial lawyers said because Carson’s counsel admits that Monsanto is paying Carson to appeal a decision Monsanto won at in order to create appellate precedent, the case “warrants immediate dismissal.”

Litigants “cannot buy appellate review of decisions they won. The Court should reject this attempt to manipulate our judicial system and dismiss the appeal with prejudice because Carson and Monsanto are
deceiving the Court by claiming that an actual case or controversy exists when, in truth, this
appeal was bought and paid for by Monsanto,” they wrote. The Carson agreement “erodes the very foundation of our justice system, which is premised on the principle that opposing parties are actually adversarial—not paying each other to manufacture controversies and seek advisory opinions.”

Bayer said in its statement that the trio of trial lawyers are mischaracterizing the facts.

“Under the settlement, the company agreed to pay Carson $100,000 to drop the surviving design defect claims and to pursue the preemption ruling against him,” Bayer said in the statement. “If he succeeds in the appeal, he gets an additional substantial payment. If Carson drops the appeal, he would simply have to return the $100,000 settlement payment because he would be in breach of its terms. Thus, plaintiffs’ characterization of the $100,000 as a ‘penalty’ in a court filing is completely false, and nothing more than an effort to block this appeal on federal preemption grounds which threatens their interests in this litigation.”

New research adds evidence that weed killer glyphosate disrupts hormones

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New research is adding worrisome evidence to concerns that the widely used weedkilling chemical glyphosate may have the potential to interfere with human hormones.

In a paper published in the journal Chemosphere titled Glyphosate and the key characteristics of an endocrine disruptor: A review, a trio of scientists concluded that glyphosate appears to have eight out of ten key characteristics associated with endocrine disrupting chemicals . The authors cautioned, however, that prospective cohort studies are still needed to more clearly understand the impacts of glyphosate on the human endocrine system.

The authors, Juan Munoz, Tammy Bleak and Gloria Calaf, each affiliated with the University of Tarapacá in Chile, said their paper is the first review to consolidate the mechanistic evidence on glyphosate as an endocrine-disrupting chemical (EDC).

Some of the evidence suggests that Roundup, Monsanto’s well-known glyphosate-based herbicide, can alter the biosynthesis of the sexual hormones, according to the researchers.

EDCs may mimic or interfere with the body’s hormones and are linked with developmental and reproductive problems as well as brain and immune system dysfunction.

The new paper follows publication earlier this year of an assortment of animal studies that indicated glyphosate exposures impact reproductive organs and threaten fertility.

Glyphosate is the world’s most widely used herbicide, sold in 140 countries. Introduced commercially in 1974 by Monsanto Co, the chemical is the active ingredient in popular products such as Roundup and hundreds of other weed killers used by consumers, municipalities, utilities, farmers, golf course operators, and others around the world.

Dana Barr, a professor at Emory University’s Rollins School of Public Health, said the evidence “tends to overwhelmingly indicate that glyphosate has endocrine disrupting properties.”

“It’s not necessarily unexpected since glyphosate has some structural similarities with many other endocrine disrupting pesticides; however, it is more concerning because glyphosate use far surpasses other pesticides,” said Barr, who directs a program within a National Institutes of Health-funded human exposure research center housed at Emory. “Glyphosate is used on so many crops and in so many residential applications such that aggregate and cumulative exposures can be considerable.”

Phil Landrigan, director of the Global Observatory on Pollution and Health, and a professor of biology
at Boston College, said the review pulled together “strong evidence” that glyphosate is an endocrine disruptor.

“The report is consistent with a larger body of literature indicating that glyphosate has a wide range of adverse health effects – findings that overturn Monsanto’s long-standing portrayal of glyphosate as a benign chemical with no negative impacts on human health,” said Landrigan.

EDCs have been a subject of concern since the 1990s after a series of publications suggested that some chemicals commonly used in pesticides, industrial solvents, plastics, detergents, and other substances could have the capacity to disrupt connections between hormones and their receptors.

Scientists generally recognized ten functional properties of agents that alter hormone action, referring to these as ten “key characteristics” of endocrine-disruptors. The ten characteristics are as follows:

EDC’s can:

  • Alter hormone distribution of circulating levels of hormones
  • Induce alterations in hormone metabolism or clearance
  • Alter the fate of hormone-producing or hormone-responsive cells
  • Alter hormone receptor expression
  • Antagonize hormone receptors
  • Interact with or activate hormone receptors
  • Alter signal transduction in hormone-responsive cells
  • Induce epigenetic modifications in hormone-producing or hormone-responsive cells
  • Alter hormone synthesis
  • Alter hormone transport across cell membranes

The authors of the new paper said a review of the mechanistic data showed that glyphosate met all of the key characteristics with the exception of two:  “Regarding glyphosate, there is no evidence associated with the antagonistic capacity of hormonal receptors,” they said. As well, “there is no evidence of its impact on hormonal metabolism or clearance,” according to the authors.

Research over the last few decades has largely focused on links found between glyphosate and cancer, particularly non-Hodgkin lymphoma (NHL.) In 2015, the World Health Organization’s International Agency for Research on Cancer classified glyphosate as a probable human carcinogen.

More than 100,000 people have sued Monsanto in the United States alleging exposure to the company’s glyphosate-based herbicides caused them or their loved ones to develop NHL.

The plaintiffs in the nationwide litigation also claim Monsanto has long sought to hide the risks of its herbicides. Monsanto lost three out of three trials and its German owner Bayer AG has spent the last year and a half trying to settle the litigation out of court.

The authors of the new paper took note of the ubiquitous nature of glyphosate, saying “massive use” of the chemical has “led to a wide environmental diffusion,” including rising exposures tied to human consumption of the weed killer through food.

The researchers said that though regulators say the levels of glyphosate residue commonly found in foods are low enough to be safe, they “cannot rule out” a “potential risk” to people consuming foods containing contaminated with the chemical,  particularly grains and other plant-based foods, which often have higher levels than milk, meat or fish products.

U.S. government documents show glyphosate residues have been detected in a range of foods, including organic honey, and granola and crackers.

Canadian government researchers have also reported glyphosate residues in foods. One report issued in 2019 by scientists from Canada’s Agri-Food Laboratories at the Alberta Ministry of Agriculture and Forestry found glyphosate in 197 of 200 samples of honey they examined.

Despite the concerns about glyphosate impacts on human health, including through dietary exposure, U.S. regulators have steadfastly defended the safety of the chemical. The Environmental Protection Agency maintains that it has not found any human health risks from exposure to glyphosate.”

Weedkiller ‘Raises Risk of Non-Hodgkin Lymphoma by 41%’

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Study says evidence ‘supports link’ between exposure to glyphosate and increased risk

This article was originally published in the Guardian.

By Carey Gillam

A broad new scientific analysis of the cancer-causing potential of glyphosate herbicides, the most widely used weedkilling products in the world, has found that people with high exposures to the popular pesticides have a 41% increased risk of developing a type of cancer called non-Hodgkin lymphoma.

The evidence “supports a compelling link” between exposures to glyphosate-based herbicides and increased risk for non-Hodgkin lymphoma (NHL), the authors concluded, though they said the specific numerical risk estimates should be interpreted with caution.

The findings by five US scientists contradict the US Environmental Protection Agency’s (EPA) assurances of safety over the weed killer and come as regulators in several countries consider limiting the use of glyphosate-based products in farming.

Monsanto and its German owner Bayer AG face more than 9,000 lawsuits in the US brought by people suffering from NHL who blame Monsanto’s glyphosate-based herbicides for their diseases. The first plaintiff to go to trial won a unanimous jury verdict against Monsanto in August, a verdict the company is appealing. The next trial, involving a separate plaintiff, is set to begin on 25 February, and several more trials are set for this year and into 2020.

Monsanto maintains there is no legitimate scientific research showing a definitive association between glyphosate and NHL or any type of cancer. Company officials say the EPA’s finding that glyphosate is “not likely” to cause cancer is backed by hundreds of studies finding no such connection.

The company claims the scientists with the International Agency for Research on Cancer (IARC) who classified glyphosate as a probable human carcinogen in 2015 engaged in improper conduct and failed to give adequate weight to several important studies.

But the new analysis could potentially complicate Monsanto’s defense of its top-selling herbicide. Three of the study authors were tapped by the EPA as board members for a 2016 scientific advisory panel on glyphosate. The new paper was published by the journal Mutation Research /Reviews in Mutation Research, whose editor in chief is EPA scientist David DeMarini.

The study’s authors say their meta-analysis is distinctive from previous assessments. “This paper makes a stronger case than previous meta-analyses that there is evidence of an increased risk of NHL due to glyphosate exposure,” said co-author Lianne Sheppard, a professor in the Environmental and Occupational Health Sciences department at the University of Washington. “From a population health point of view there are some real concerns.”

Sheppard was one of the scientific advisers to the EPA on glyphosate and was among a group of those advisers who told the EPA that it failed to follow proper scientific protocols in determining that glyphosate was not likely to cause cancer. “It was wrong,” Sheppard said of the EPA glyphosate assessment. “It was pretty obvious they didn’t follow their own rules. “Is there evidence that it is carcinogenic? The answer is yes.”

An EPA spokesperson said: “We are reviewing the study.” Bayer, which bought Monsanto in the summer of 2018, did not respond to a request for comment about the study.

A Bayer statement on glyphosate cites the EPA assessment and says that glyphosate herbicides have been “extensively evaluated” and are proven to be a “safe and efficient weed control tool”.

The study authors said their new meta-analysis evaluated all published human studies, including a 2018 updated government-funded study known as the Agricultural Health Study (AHS). Monsanto has cited the updated AHS study as proving that there is no tie between glyphosate and NHL. In conducting the new meta-analysis, the researchers said they focused on the highest exposed group in each study because those individuals would be most likely to have an elevated risk if in fact glyphosate herbicides cause NHL.

Looking only at individuals with real-world high exposures to the pesticide makes it is less likely that confounding factors may skew results, the authors said. In essence – if there is no true connection between the chemical and cancer then even highly exposed individuals should not develop cancer at significant rates.

In addition to looking at the human studies, the researchers also looked at other types of glyphosate studies, including many conducted on animals.

“Together, all of the meta-analyses conducted to date, including our own, consistently report the same key finding: exposure to GBHs are associated with an increased risk of NHL,” the scientists concluded.

David Savitz, professor of epidemiology in the Brown University School of Public Health, said the work was “well conducted” but lacking “fundamentally new information”.

“I would suggest it sustains the concern and need for assessment but doesn’t put the question to rest in any definitive sense,” Savitz said.

In a statement Bayer later said, “[The study] does not provide new epidemiology data; instead, it is a statistical manipulation that is at odds with the extensive body of science, 40 years of real world experience and the conclusions of regulators.”

It added: “[The study] provides no scientifically valid evidence that contradicts the conclusions of the extensive body of science demonstrating that glyphosate-based herbicides are not carcinogenic.”

Chemicals on Our Food: When “Safe” May Not Really Be Safe

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Scientific scrutiny of pesticide residue in food grows; regulatory protections questioned

This article was originally published in Environmental Health News.

By Carey Gillam

Weed killers in wheat crackers and cereals, insecticides in apple juice and a mix of multiple pesticides in spinach, string beans and other veggies – all are part of the daily diets of many Americans. For decades, federal officials have declared tiny traces of these contaminants to be safe. But a new wave of scientific scrutiny is challenging those assertions.

Though many consumers might not be aware of it, every year, government scientists document how hundreds of chemicals used by farmers on their fields and crops leave residues in widely consumed foods. More than 75 percent of fruits and more than 50 percent of vegetables sampled carried pesticides residues in the latest sampling reported by the Food and Drug Administration. Even residues of the tightly restricted bug-killing chemical DDT are found in food, along with a range of other pesticides known by scientists to be linked to a range of illnesses and disease. The pesticide endosulfan, banned worldwide because of evidence that it can cause neurological and reproductive problems, was also found in food samples, the FDA report said.

U.S. regulators and the companies that sell the chemicals to farmers insist that the pesticide residues pose no threat to human health. Most residue levels found in food fall within legal “tolerance” levels set by the Environmental Protection Agency (EPA), regulators say.

“Americans depend on the FDA to ensure the safety of their families and the foods they eat,” FDA Commissioner Scott Gottlieb said in a press release accompanying the agency’s Oct. 1 release of its residue report. “Like other recent reports, the results show that overall levels of pesticide chemical residues are below the Environmental Protection Agency’s tolerances, and therefore don’t pose a risk to consumers.”

The EPA is so confident that traces of pesticides in food are safe that the agency has granted multiple chemical company requests for increases in the allowed tolerances, effectively providing a legal basis for higher levels of pesticide residues to be allowed in American food.

But recent scientific studies have prompted many scientists to warn that years of promises of safety may be wrong. While no one is expected to drop dead from eating a bowl of cereal containing pesticide residues, repeated low level exposures to trace amounts of pesticides in the diet could be contributing to a range of health problems, particularly for children, scientists say.

“There are probably many other health effects; we just haven’t studied them”

A team of Harvard scientists published a commentary in October stating that more research about potential links between disease and consumption of pesticide residues is “urgently needed” as more than 90 percent of the U.S. population has pesticide residues in their urine and blood. The primary route of exposure to these pesticides is through the food people eat, the Harvard research team said.

Several additional Harvard-affiliated scientists published a study earlier this year of women who were trying to get pregnant. The findings suggested that dietary pesticide exposure within a “typical” range was associated both with problems women had getting pregnant and delivering live babies, the scientists said.

“Clearly the current tolerance levels protect us from acute toxicity. The problem is that it is not clear to what extent long-term low-level exposure to pesticide residues through food may or may not be health hazards,” said Dr. Jorge Chavarro, associate professor of the Departments of Nutrition and Epidemiology at the Harvard T.H. Chan School of Public Health, and one of the study authors.

“Exposure to pesticide residues through diet is associated [with] some reproductive outcomes including semen quality and greater risk of pregnancy loss among women undergoing infertility treatments. There are probably many other health effects; we just haven’t studied them sufficiently to make an adequate risk assessment,” Chavarro said.

Toxicologist Linda Birnbaum, who directs the U.S. National Institute of Environmental Health Sciences (NIEHS), has also raised concerns about pesticide dangers through exposures once assumed to be safe. Last year she called for “an overall reduction in the use of agricultural pesticides” due to multiple concerns for human health, stating that “existing US regulations have not kept pace with scientific advances showing that widely used chemicals cause serious health problems at levels previously assumed to be safe.”

In an interview Birnbaum said that pesticide residues in food and water are among the types of exposures that need greater regulatory scrutiny.

“Do I think that levels that are currently set are safe? Probably not,” said Birnbaum. “We have people of different susceptibility, whether because of their own genetics, or their age, whatever may make them more susceptible to these things,” she said.

“While we look at chemicals one at a time, there is a lot of evidence for things acting in a synergistic fashion. A lot of our standard testing protocols, many that were developed 40 to 50 years ago, are not asking the questions we should be asking,” she added.

Legal doesn’t mean safe

Other recent scientific papers also point to troubling findings. One by a group of international scientists published in May found glyphosate herbicide at doses currently considered “safe” are capable of causing health problems before the onset of puberty. More research is needed to understand potential risks to children, the study authors said.

And in a paper published Oct. 22 in JAMA Internal Medicine, French researchers said that when looking at pesticide residue links to cancer in a study of the diets of more than 68,000 people, they found indications that consumption of organic foods, which are less likely to carry synthetic pesticide residues than foods made with conventionally grown crops, was associated with a reduced risk of cancer.

A 2009 paper published by a Harvard researcher and two FDA scientists found 19 out of 100 food samples that children commonly consumed contained at least one insecticide known to be a neurotoxin. The foods the researchers looked at were fresh vegetables, fruits and juices. Since then, evidence has grown about the harmful human health impacts of insecticides, in particular.

Unacceptable levels

“A number of current legal standards for pesticides in food and water do not fully protect public health, and do not reflect the latest science,” said Olga Naidenko, senior science advisor to the non-profit Environmental Working Group, which has issued several reports looking at potential dangers of pesticides in food and water. “Legal does not necessarily reflect ‘safe,'” she said.

One example of how regulatory assurances of safety have been found lacking when it comes to pesticide residues is the case of an insecticide known as chlorpyrifos. Marketed by Dow Chemical, which became the DowDuPont company in 2017, chlorpyrifos is applied to more than 30 percent of apples, asparagus, walnuts, onions, grapes, broccoli, cherries and cauliflower grown in the U.S. and is commonly found on foods consumed by children. The EPA has said for years that exposures below the legal tolerances it set were nothing to worry about.

Yet scientific research in recent years has demonstrated an association between chlorpyrifos exposure and cognitive deficits in children. The evidence of harm to young developing brains is so strong that the EPA in 2015 said that it “cannot find that any current tolerances are safe.”

The EPA said that because of unacceptable levels of the insecticide in food and drinking water it planned to ban the pesticide from agricultural use. But pressure from Dow and chemical industry lobbyists have kept the chemical in wide use on American farms. The FDA’s recent report found it the 11th most prevalent pesticides in U.S. foods out of hundreds included in the testing.

A federal court in August said that the Trump Administration was endangering public health by keeping chlorpyrifos in use for agricultural food production. The court cited “scientific evidence that its residue on food causes neurodevelopmental damage to children” and ordered the EPA to revoke all tolerances and ban the chemical from the market. The EPA has yet to act on that order, and is seeking a rehearing before the full 9th Circuit Court of Appeals.

When asked how to explain its changing positions on chlorpyrifos, an agency spokesman said that the EPA “plans to continue to review the science addressing neurodevelopmental effects” of the chemical.

The fact that it is still in wide use frustrates and angers physicians who specialize in child health and leaves them wondering what other pesticide exposures in food might be doing to people.

“The bottom line is that the biggest public health concerns for chlorpyrifos are from its presence in foods,” said Dr. Bradley Peterson director of the Institute for the Developing Mind at the Children’s Hospital of Los Angeles. “Even small exposures can potentially have harmful effects.”

The EPA decision to continue to allow chlorpyrifos into American diets is “emblematic of a broader dismissal of scientific evidence” that challenges human health as well as scientific integrity, according to Dr. Leonardo Trasande, who directs the Division of Environmental Pediatrics within the Department of Pediatrics at New York University’s Langone Health.

Epidemiologist Philip Landrigan, director of Boston College’s Global Public Health initiative, and a former scientist with the U.S. Centers for Disease Control, is advocating for a ban on all organophosphates, a class of insecticides that includes chlorpyrifos, because of the danger they pose to children.

“Children are exquisitely vulnerable to these chemicals,” said Landrigan. “This is about protecting kids.”

Increased tolerances at industry request

The Federal Food, Drug, and Cosmetic Act authorizes the EPA to regulate the use of pesticides on foods according to specific statutory standards and grants the EPA a limited authority to establish tolerances for pesticides meeting statutory qualifications.

Tolerances vary from food to food and pesticide to pesticide, so an apple might legally carry more of a certain type of insecticide residue than a plum, for instance. The tolerances also vary from country to country, so what the U.S. sets as a legal tolerance for residues of a pesticide on a particular food can – and often is – much different than limits set in other countries. As part of the setting of those tolerances, regulators examine data showing how much residue persists after a pesticide is used as intended on a crop, and they undertake the dietary risk assessments to confirm that the levels of pesticide residues don’t pose human health concerns.

The agency says that it accounts for the fact that the diets of infants and children may be quite different from those of adults and that they consume more food for their size than adults. The EPA also says it combines information about routes of pesticide exposure – food, drinking water residential uses – with information about the toxicity of each pesticide to determine the potential risks posed by the pesticide residues. The agency says if the risks are “unacceptable,” it will not approve the tolerances.

The EPA also says that when it makes tolerance decisions, it “seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices.”

Monsanto, which became of unit of Bayer AG earlier this year, has successfully asked the EPA to expand the levels of glyphosate residues allowed in several foods, including in wheat and oats.

In 1993, for example, the EPA had a tolerance for glyphosate in oats at 0.1 parts per million (ppm) but in 1996 Monsanto asked EPA to raise the tolerance to 20 ppm and the EPA did as asked. In 2008, at Monsanto’s suggestion, the EPA again looked to raise the tolerance for glyphosate in oats, this time to 30 ppm.

At that time, it also said it would raise the tolerance for glyphosate in barley from 20 ppm to 30 ppm, raise the tolerance in field corn from 1 to 5 ppm and raise the tolerance of glyphosate residue in wheat from 5 ppm to 30 ppm, a 500 percent increase. The 30 ppm for wheat is matched by more than 60 other countries, but is well above the tolerances allowed in more than 50 countries, according to an international tolerance database established with EPA funding and maintained now by a private government affairs consulting group.

“The Agency has determined that the increased tolerances are safe, i.e, there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue,” the EPA stated in the May 21, 2008 Federal Register.

“All these statements from EPA – trust us it’s safe. But the truth is we have no idea if it actually is safe,” said Dr. Bruce Lanphear, a clinician scientist at the Child & Family Research Institute, BC Children’s Hospital, and a professor in the faculty of health sciences at Simon Fraser University in Vancouver, British Columbia. Lanphear said that while regulators assume toxic effects increase with dose, scientific evidence shows that some chemicals are most toxic at the lowest levels of exposure. Protecting public health will require rethinking basic assumptions about how agencies regulate chemicals, he argued in a paper published last year.

In recent years both Monsanto and Dow have received new tolerance levels for the pesticides dicamba and 2,4-D on food as well.

Raising tolerances allows farmers to use pesticides in various ways that may leave more residues, but that doesn’t threaten human health, according to Monsanto. In a blog posted last year, Monsanto scientist Dan Goldstein asserted the safety of pesticide residues in food generally and of glyphosate in particular. Even when they exceed the regulatory legal limits, pesticide residues are so minuscule they pose no danger, according to Goldstein, who posted the blog before he retired from Monsanto this year.

About half of foods sampled contained traces of pesticides

Amid the scientific concerns, the most recent FDA data on pesticide residues in food found that roughly half of the foods the agency sampled contained traces of insecticides, herbicides, fungicides and other toxic chemicals used by farmers in growing hundreds of different foods.

More than 90 percent of apple juices sampled were found to contain pesticides. The FDA also reported that more than 60 percent of cantaloupe carried residues. Overall, 79 percent of American fruits and 52 percent of vegetables contained residues of various pesticides – many known by scientists to be linked to a range of illnesses and disease. Pesticides were also found in soy, corn, oat and wheat products, and finished foods like cereals, crackers and macaroni.

The FDA analysis “almost exclusively” is focused on products that are not labeled as organic, according to FDA spokesman Peter Cassell.

The FDA downplays the percentage of foods containing pesticide residues and focuses on the percentage of samples for which there is no violation of the tolerance levels. In its most recent report, the FDA said that more than “99% of domestic and 90% of import human foods were compliant with federal standards.”

The report marked the agency’s launch of testing for the weed killer glyphosate in foods. The Government Accountability Office said in 2014 that both the FDA and the U.S. Department of Agriculture should start regularly testing foods for glyphosate. The FDA did only limited tests looking for glyphosate residues, however, sampling corn and soy and milk and eggs for the weed killer, the agency said. No residues of glyphosate were found in milk or eggs, but residues were found in 63.1 percent of the corn samples and 67 percent of the soybean samples, according to FDA data.

The agency did not disclose findings by one of its chemists of glyphosate in oatmeal and honey products, even though the FDA chemist made his findings known to supervisors and other scientists outside the agency.

Cassell said the honey and oatmeal findings were not part of the agency’s assignment.

Overall, the new FDA report covered sampling done from Oct. 1, 2015, through Sept. 30, 2016, and included analysis of 7,413 samples of food examined as part of the FDA’s “pesticide monitoring program.” Most of the samples were of food to be eaten by people, but 467 samples were of animal food. The agency said that pesticide residues were found in 47.1 percent of the samples of food for people produced domestically and 49.3 percent of food imported from other countries destined for consumer meals. Animal food products were similar, with pesticide residues found in 57 percent of the domestic samples and 45.3 percent of imported foods for animals.

Many imported food samples showed residues of pesticides high enough to break the legal limits, the FDA said. Nearly 20 percent of imported grain and grain product samples showed illegally high levels of pesticides, for example.

SF Roundup Case Demonstrates Importance of Independence in Scientific Evidence

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Thisarticlewas originally published in the San Francisco Chronicle.

By Nathan Donley and Carey Gillam

It’s been three weeks since a San Francisco jury found that exposure to Monsanto’s Roundup herbicides contributed to former school groundskeeper Dewayne “Lee” Johnson’s terminal cancer and awarded a stunning $289 million in damages to the 46-year-old father. And during that time, we’ve seen repeated assertions from the pesticide giant and its allies that, in fact, the jury was wrong and the weed killer of choice for millions of Americans is perfectly safe.

Monsanto Vice President Scott Partridge repeated the familiar mantra: Hundreds of scientific studies, as well as reviews by regulatory agencies across the globe, including the U.S. Environmental Protection Agency, have found that glyphosate — the active ingredient in Roundup — does not cause cancer. Monsanto’s new owner, Bayer AG, went further. Bayer CEO Werner Baumann told investors that the jury was just flat-out “wrong” and that Bayer would work to ensure that sales of the weed-killing products were not interrupted. “More than 800 scientific studies and reviews” support glyphosate safety, he told investors.

Unchallenged, the carefully honed talking points sound impressive and conclusive — exactly as intended.

But in the wake of the jury’s award, many people across the United States who have been spraying the pesticide on their lawns and gardens for years doubt those reassuring words. And with good reason.

Corporate assurances of safety leave out one important word — a word that is critically important to anyone who wants to make an informed decision about the cancer risk associated with Roundup and the hundreds of other glyphosate-based herbicides on the market.

That word is “independent,” as in “independent scientific studies and reviews.”

As was laid out in the trial, there is a wealth of evidence, much of it from within Monsanto’s own internal documents, detailing how much of the research suggesting that Roundup is safe has been orchestrated and/or influenced by Monsanto and its chemical industry allies.

But truly independent research has shown that there is reason for concern. As Roundup use on U.S. farms, residential lawns and gardens has soared from roughly 40 million pounds a year in the 1990s to nearly 300 million pounds in recent years, the dangers of the chemical have been documented in numerous peer-reviewed studies.

It was those independent and peer-reviewed works that convinced the cancer research arm of the World Health Organization to determine that glyphosate is a probable human carcinogen. In the wake of that WHO finding, California added glyphosate to the state’s list of cancer-causing chemicals.

Monsanto’s response to that 2015 classification was more manipulated science. An “independent review” of glyphosate showed up in a peer-reviewed scientific journal decrying the IARC classification. The review not only was titled as being independent, but declared that no Monsanto employee had any involvement in the writing of it. Yet the company’s internal emails, turned over in discovery associated with the litigation, revealed that a Monsanto scientist in fact aggressively edited and reviewed the analysis prior to its publication.

That was but one of multiple examples detailed in the unsealed documents of similar efforts, referred to by Monsanto’s own employees as “ghostwriting.”

The EPA has sided with Monsanto over independent scientists, declaring the pesticide is not likely to cause cancer. By doing so, the agency has ignored the fact that its own Office of Research and Development expressed unease with the EPA’s handling of the glyphosate evaluation, as did a scientific advisory panel convened by the agency to peer-review the evaluation.

Perhaps not surprisingly, the trial evidence also included communications detailing what can only be described as cozy collaborations between Monsanto and certain EPA officials.

Americans deserve better from their regulators, whose priority should be to put the public’s health far before corporate profits.

Instead, it took a brave man dying of cancer and jury of 12 ordinary citizens to step up and face the challenge of taking a hard look at the scientific facts and calling for justice.

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”.