Glyphosate, a synthetic herbicide patented in 1974 by the Monsanto Company and now manufactured and sold by many companies in hundreds of products around the world, has been associated with various health concerns. Glyphosate is best known as the active ingredient in Roundup-branded herbicides, and the herbicide used with “Roundup Ready” genetically modified organisms (GMOs).
Herbicide tolerance is the most prevalent GMO trait engineered into food crops, with some 90% of corn and 94% of soybeans in the U.S. engineered to tolerate herbicides, according to USDA data. A 2017 study found that Americans’ exposure to glyphosate increased approximately 500 percent since Roundup Ready GMO crops were introduced in the U.S in 1996. Here are some key facts about glyphosate:
Most Widely Used Pesticide
According to a February 2016 study, glyphosate is the most widely used pesticide. “In the U.S., no pesticide has come remotely close to such intensive and widespread use,” according to the study. Findings include:
- Americans have applied 1.8 million tons of glyphosate since its introduction in 1974.
- Worldwide 9.4 million tons of the chemical has been sprayed on fields – enough to spray nearly half a pound of Roundup on every cultivated acre of land in the world.
- Globally, glyphosate use has risen almost 15-fold since Roundup Ready GMO crops were introduced.
The scientific literature and regulatory conclusions regarding glyphosate and glyphosate-based herbicides show a mix of findings, making the safety of the herbicide a hotly debated subject:
In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans” after reviewing years of published and peer-reviewed scientific studies. The team of international scientists found there was a particular association between glyphosate and non-Hodgkin lymphoma.
At the time of the IARC classification, the Environmental Protection Agency (EPA) was conducting a registration review. The EPA’s Cancer Assessment Review Committee (CARC) issued a report in September 2016 concluding that glyphosate was “not likely to be carcinogenic to humans” at doses relevant to human health. In publishing the CARC report, the EPA said that it was beginning work with the National Toxicology Program to investigate the mechanisms and toxic effects of glyphosate formulations.
The agency then convened a Scientific Advisory Panel (SAP) in December 2016 to review the CARC report conclusion that glyphosate was not likely to be carcinogenic. The scientific advisory panel members were divided in their assessment of EPA’s work, with some finding the EPA erred in how it evaluated certain research. Additionally, the EPA’s Office of Research and Development determined that the agency’s Office of Pesticide Programs had not followed proper protocols in its evaluation of glyphosate. An ORD memo stated that the government scientists agreed in part with IARC and believed EPA was not properly following guidelines in coming to the conclusion that glyphosate was not likely to be carcinogenic. ORD said the evidence could be deemed to support a “likely” carcinogenic or “suggestive” evidence of carcinogenicity classification. Nevertheless the EPA issued a draft report on glyphosate in December 2017 continuing to hold that the chemical is not likely to be carcinogenic.
The European Food Safety Authority and the European Chemicals Agency have said glyphosate is not likely to be carcinogenic to humans. But a March 2017 report by environmental and consumer groups argued that regulators relied improperly on research that was directed and manipulated by the chemical industry.
The WHO/FAO Joint Meeting on Pesticide Residues determined that glyphosate was unlikely to pose a carcinogenic risk to humans from exposure through the diet, though the finding was tarnished by conflict of interest concerns after it was revealed that certain members of the group, including its chair, worked for the International Life Sciences Institute, a group funded in part by Monsanto and one of its lobbying organizations.
On March 28, 2017, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment confirmed that it would add glyphosate to California’s Proposition 65 list of chemicals known to cause cancer. Monsanto sued to block the action but the case was dismissed. In a separate case, the court found that California could not require cancer warnings for products containing glyphosate. On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider the decision. The court found that California could only require commercial speech that disclosed “purely factual and uncontroversial information,” and the science surrounding glyphosate carcinogenicity was not proven.
A long-running U.S. government-backed prospective cohort study of farm families in Iowa and North Carolina has not found any connections between glyphosate use and non-Hodgkin lymphoma, though researchers found that “among applicators in the highest exposure quartile, there was an increased risk of acute myeloid leukemia (AML) compared with never users…” The most recent published update to the study was made public in late 2017.
An analysis published January 14, 2019 in Environmental Sciences Europe argues that the U.S. EPA’s classification of glyphosate disregarded substantial scientific evidence of genotoxicity (the negative impact on a cell’s genetic material) associated with weed killing products such as Roundup. In an editorial, the journal editors described a robust peer review with 10 expert reviewers, and wrote, “We are convinced that the article provides new insights on why different conclusions regarding the carcinogenicity of glyphosate and (glyphosate-based herbicides) were reached by the US EPA and IARC.” See article by Carey Gillam, “New analysis raises questions about EPA’s classification on glyphosate weed killer.”
More than 650 lawsuits against Monsanto Co. are part of multi district litigation (MDL) being overseen by Judge Vince Chhabria in U.S. District Court in San Francisco, filed by people alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma, and that Monsanto covered up the risks. An estimated 9,000 similar actions are pending in state courts. U.S. Right to Know is posting key documents from the litigation on our Monsanto Papers pages.
In March 2017, the federal court judge unsealed some internal Monsanto documents that raised new questions about Monsanto’s influence on the EPA process and about the research regulators rely on. The documents suggest that Monsanto’s long-standing claims about the safety of glyphosate and Roundup do not necessarily rely on sound science as the company asserts, but on efforts to manipulate the science.
A study for the European Parliament published January 15, 2019 asserts that the EU approval of glyphosate was based on plagiarized text from Monsanto. The study found plagiarism in 50.1 percent of chapters dealing with the assessment of published studies on health risks related to glyphosate in Germany’s Federal Institute for Risk Assessment, including whole paragraphs and entire pages of plagiarized text.
See also 2018 journal articles about scientific interference:
- “The Monsanto Papers: Poisoning the Scientific Well,” by Leemon McHenry
- “Roundup litigation discovery documents: implications for public health and journal ethics,” by Sheldon Krimsky and Carey Gillam
- Letter to Nature by Stéphane Horel and Stéphane Foucart
The first trial concluded in August 2018 with the jury ruling that Monsanto’s weed killer was a substantial contributing factor in causing DeWayne “Lee” Johnson’s cancer, and ordering Monsanto to pay $289.25 million in damages, including $250 million in punitive damages. The judge in the case reduced the punitive damages to $39 million, bringing the total award to $78 million. Monsanto declared it would appeal and Johnson has cross-appealed, seeking to reinstate the jury award. Follow updates in our Roundup Trial Tracker blog.
Endocrine Disruption and Other Health Concerns
Some research suggests that glyphosate may be an endocrine disruptor. It has also been linked to liver disease, birth defects and reproductive problems in laboratory animals; and may kill beneficial gut bacteria and damage the DNA in human embryonic, placental and umbilical cord cells. Many scientists have raised concerns about the health risks of glyphosate. See:
- Is it time to reassess current safety standards for glyphosate-based herbicides? – Journal of Epidemiology and Community Health
- Concerns over use of glyphosate-based herbicides and risks associated with exposure: a consensus statement – Environmental Health Journal
Recent studies have shown adverse biological effects from low-dose exposures to glyphosate at levels to which people are routinely exposed.
- A birth cohort study in Indiana published in 2017 – the first study of glyphosate exposure in US pregnant women using urine specimens as a direct measure of exposure – found detectable levels of glyphosate in more than 90% of the pregnant women tested and found the levels were significantly correlated with shortened pregnancy lengths.
- A 2018 ecological and population study conducted in Argentina found high concentrations of glyphosate in the soil and dust in agricultural areas that also reported higher rates of spontaneous abortion and congenital abnormalities in children, suggesting a link between environmental exposure to glyphosate and reproductive problems. No other relevant sources of pollution were identified.
- A 2017 study associated chronic, very low-level glyphosate exposures to non-alcoholic fatty liver disease in rats. According to the researchers, the results “imply that chronic consumption of extremely low levels of a GBH formulation (Roundup), at admissible glyphosate-equivalent concentrations, are associated with marked alterations of the liver proteome and metabolome,” the biomarkers for NAFLD.
- A 2018 rat study conducted by the Ramazzini Institute reported that low-dose exposures to Roundup at levels considered safe significantly altered the gut microbiota in some of the rat pups. Another 2018 study reported that higher levels of glyphosate administered to mice disrupted the gut microbiota and caused anxiety and depression-like behaviors.
- A 2018 rat study by Argentinian researchers linked low-level perinatal glyphosate exposures to impaired female reproductive performance and congenital anomalies in the next generation of offspring.
Glyphosate has also been linked by recent studies to harmful impacts on bees and monarch butterflies.
- A 2018 study reported that glyphosate damaged the beneficial gut bacteria in honeybees and made them more prone to deadly infections. This followed research from China showing that honeybee larvae grew more slowly and died more often when exposed to glyphosate, and a 2015 study that found field-levels of exposure impaired the cognitive capacities of honeybees.
- Research from 2017 correlated glyphosate use with reduced populations of monarch butterflies, possibly due to reductions in milkweed, the main food source for monarch butterflies.
Some farmers use glyphosate on non-GMO crops such as wheat, barley, oats, and lentils to dry down the crop ahead of harvest in order to accelerate the harvest. This practice, known as desiccation, may be a significant source of dietary exposure to glyphosate.
Glyphosate Found in Food: U.S. Drags Its Feet on Testing
The USDA quietly dropped a plan to start testing food for residues of glyphosate in 2017. Internal agency documents obtained by U.S. Right to Know show the agency had planned to start testing over 300 samples of corn syrup for glyphosate in April 2017. But the agency killed the project before it started. The U.S. Food and Drug Administration began a limited testing program in 2016, but the effort was fraught with controversy and internal difficulties and the program was suspended in September 2016. Both agencies have programs that annually test foods for pesticide residues but both have routinely skipped testing for glyphosate.
Before the suspension, one FDA chemist found alarming levels of glyphosate in many samples of U.S. honey, levels that were technically illegal because there have been no allowable levels established for honey by the EPA. Here is a recap of news about glyphosate found in food:
- October 2018: FDA issued its first-ever report showing the results of its glyphosate residue in food testing. The FDA said no residues of glyphosate were found in milk or eggs, but residues were found in 63.1 percent of corn samples and 67 percent of soybean samples, according to FDA data. The agency did not disclose in that report the findings of glyphosate in oatmeal or honey products.
- April 2018: internal FDA emails indicated the agency had trouble finding food sample without traces of glyphosate.
- Sept. 2016: FDA found glyphosate in US honey at double the levels allowed in the EU, and FDA tests confirm oatmeal and baby foods contain glyphosate.
- Nov. 2016: FDA chemist found glyphosate in honey in Iowa at 10X higher levels than allowed in EU. Also in November, independent testing by consumer group Food Democracy Now found glyphosate in Cheerios, oatmeal cookies, Ritz crackers and other popular brands at high levels.
Pesticides in Our Food: Where’s the Safety Data?
USDA data from 2016 shows detectable pesticide levels in 85% of more than 10,000 foods sampled, everything from mushrooms to grapes to green beans. The government says there are little to no health risks, but some scientists say there is little to no data to back up that claim. See “Chemicals on our food: When “safe” may not really be safe: Scientific scrutiny of pesticide residue in food grows; regulatory protections questioned,” by Carey Gillam (11/2018).
Researcher says the EPA has disregarded substantial evidence that the popular herbicide is linked to cancer
This article was originally published in Environmental Health News.
By Carey Gillam
A little more than a month ahead of a first-ever federal trial over the issue of whether or not Monsanto’s popular weed killers can cause cancer, a new analysis raises troubling questions about the U.S. Environmental Protection Agency’s (EPA) handling of pertinent science on glyphosate safety.
According to the report, which examines the opposing positions taken by the EPA and an international cancer research agency on glyphosate-based herbicides, the EPA has disregarded substantial scientific evidence of genotoxicity associated with weed killing products such as Roundup and other Monsanto brands. Genotoxicity refers to a substance’s destructive effect on a cell’s genetic material. Genotoxins can cause mutations in cells that can lead to cancer.
The EPA classifies glyphosate as not likely to be carcinogenic while the International Agency for Research on Cancer (IARC), which is part of the World Health Organization, classifies it as “probably carcinogenic.”
The paper was authored by Charles Benbrook, a former research professor who served at one time as executive director of the National Academy of Sciences board on agriculture, and was published in the journal Environmental Sciences Europe on Monday. It is based on Benbrook’s review of EPA and IARC records regarding the types and numbers of glyphosate studies each organization evaluated.
“Clearly, compared to EPA’s genotoxicity review, the IARC review is grounded on more recent, more sensitive, and more sophisticated genotoxic studies, and more accurately reflects real-world exposures,” Benbrook told EHN.
Benbrook testified as an expert witness in the first lawsuit to go to trial against Monsanto over claims its glyphosate herbicides cause cancer. The plaintiff in that case, Dewayne “Lee” Johnson, won a unanimous jury award of $289 million last year that the judge in the case cut to $78 million. Thousands of additional cancer victims have sued Monsanto and the second trial begins Feb. 25 in federal court in San Francisco. Benbrook is also expected to testify for the plaintiff in that case.
Monsanto is seeking to exclude Benbrook’s testimony at trial, saying he has no expertise in any physical science or field of medicine and no training or degree in toxicology and has never worked at the EPA or other regulatory body.
The EPA did not respond to a request for comment. The agency has maintained, however, that its review of glyphosate has been robust and thorough. Glyphosate has low toxicity for humans, and glyphosate products can be safely used by following directions on labeled products, according to the EPA.
In the new analysis, Benbrook is critical of the EPA’s scrutiny of glyphosate herbicides, noting that little weight was given to research regarding the actual formulations sold into the marketplace and used by millions of people around the world. Instead, the EPA and other regulators have mostly pointed to dozens of studies paid for by Monsanto and other companies selling glyphosate herbicides that found no cancer concerns. The EPA has given little attention to several independent research projects that have indicated the formulations can be more toxic than glyphosate alone, according to Benbrook.
Indeed, the EPA only started working in 2016—some 42 years after the first glyphosate herbicides came to market – with the U.S. National Toxicology Program to evaluate the comparative toxicity of the formulations. Early results disclosed in 2018 supported concerns about enhanced toxicity in formulations.
Several scientists, including from within the EPA’s Office of Research and Development (ORD), and from a panel of scientific experts convened by the EPA, have cited deficiencies and problems with the EPA’s decision to classify glyphosate as not likely to be carcinogenic to humans. But Benbrook’s analysis is the first to look deeply at how and why the EPA and IARC drew such divergent conclusions.
Benbrook looked at the citations for genotoxicity tests discussed in the EPA and IARC reports, both those that were published in peer-reviewed journals and the unpublished ones that were presented to the EPA by Monsanto and other companies.
Some studies looked at glyphosate alone, and/or glyphosate-based herbicide formulations and some included findings about a substance called aminomethylphosphonic acid (AMPA), which is glyphosate’s primary metabolite.
Benbrook’s analysis found that within the body of available evidence, the EPA relied on 151 studies, 115 of which showed negative results, meaning no evidence of genotoxicity, and only 36 that had positive results. IARC cited 191 studies, only 45 of which showed negative results and 146 of which showed evidence of genotoxicity.
IARC said within these studies it found “strong evidence that exposure to glyphosate or glyphosate-based formulations is genotoxic…”
Benbrook’s analysis reports that over the last three years at least 27 additional studies have been published addressing possible mechanisms of genotoxic action for glyphosate and/or formulated glyphosate-based herbicides and all but one of the 27 studies reported one or more positive result. There were 18 positives arising from DNA damage, six associated with oxidative stress, and two with other genotoxicity mechanisms, his paper states.
According to Benbrook, the EPA’s failure to focus on formulated glyphosate-based herbicides is dangerous because these formulations “account for all commercial uses and human exposures (no herbicide products contain just glyphosate).”
More research is needed on real-world exposures, Benbrook concludes.
Update: See also the editorial by the editors of Environmental Sciences Europe about the implications of Benbrook’s analysis, “Some food for thought: a short comment on Charles Benbrook´s paper“.
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.
“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.
Carey Gillam’s “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science (Island Press) has received rave reviews since its release last fall and has received several awards for outstanding reporting:
- Winner, 2018 Rachel Carson Book Award from the Society of Environmental Journalists
- 2018 Gold Medal winner, Outstanding Book of the Year, by the Independent Book Publisher Awards
- 2018 Thorpe Menn Literary Excellence Award.
“Hard-hitting, eye-opening narrative…A forceful argument for an agricultural regulatory environment that puts public interest above corporate profits.” Kirkus Reviews
“This is a must-read for everyone concerned about the increasing burden of toxic chemicals in water and food, the health and environmental consequences thereof, and corporate influence on government agencies.” Booklist
“Gillam expertly covers a contentious front where corporate malfeasance intersects with issues of public health and ecology.” Publishers Weekly
“a gutsy, compelling read from beginning to end, especially for readers who enjoy the kind of hard-nosed, shoe-leather reporting that used to be the hallmark of great journalism.” Society for Environmental Journalists BookShelf
“well-documented compendium of wrongs, fraud, conflicts of interest, undue influence, and troubling forms of plain old [PR]….Some of its revelations are downright infuriating.“ Los Angeles Review of Books
See also: Carey Gillam’s testimony before a joint committee of the European Parliament on 10/11/2017 and her reporting from the Daubert Hearings in the Cancer Victims Vs. Monsanto glyphosate litigation.
It’s the pesticide on our dinner plates, a chemical so pervasive it’s in the air we breathe, our water, our soil, and even found increasingly in our own bodies. Known as Monsanto’s Roundup by consumers, and as glyphosate by scientists, the world’s most popular weed killer is used everywhere from backyard gardens to golf courses to millions of acres of farmland. For decades it’s been touted as safe enough to drink, but a growing body of evidence indicates just the opposite, with research tying the chemical to cancers and a host of other health threats.
In Whitewash, veteran journalist Carey Gillam uncovers one of the most controversial stories in the history of food and agriculture, exposing new evidence of corporate influence. Gillam introduces readers to farm families devastated by cancers which they believe are caused by the chemical, and to scientists whose reputations have been smeared for publishing research that contradicted business interests. Readers learn about the arm-twisting of regulators who signed off on the chemical, echoing company assurances of safety even as they permitted higher residues of the pesticide in food and skipped compliance tests. And, in startling detail, Gillam reveals secret industry communications that pull back the curtain on corporate efforts to manipulate public perception.
Whitewash is more than an exposé about the hazards of one chemical or even the influence of one company. It’s a story of power, politics, and the deadly consequences of putting corporate interests ahead of public safety.
Publication date October 2017
More Praise for Whitewash
“The book unravels a tapestry of pesticide industry tricks to manipulate the scientific truths about their products while placing profits above human health and the environment. As someone who has experienced similar actions by corporations firsthand in my work far too often, I am hopeful that Carey’s book will be a wake-up call for more transparency about the dangers surrounding many chemicals in the marketplace.” Erin Brockovich, environmental activist and author
Carey Gillam has brilliantly assembled the facts and describes how Monsanto and other agricultural chemical companies lied about their products, covered up the damaging data and corrupted government officials in order to sell their toxic products around the world. David Schubert, Ph.D., Professor and Head of the Cellular Neurobiology Laboratory at the Salk Institute For Biological Studies
Carey Gillam is a brave warrior in the mold of Rachel Carson. She has exposed the ruthless greed and fraud which have led to the poisoning of our planet. Brian G.M. Durie, M.D. Chairman of the International Myeloma Foundation, oncology specialist and attending physician at Cedars-Sinai Medical Center
In the grand tradition of Silent Spring, Carey Gillam’s Whitewash is a powerful exposé that sheds light on a chemical that — to most of us — is both entirely invisible and yet profoundly damaging to our bodies and our environment. It is a deeply researched, entirely convincing exposé of the politics, economics and global health consequences implicit in the spread of the world’s most common herbicide. Gillam has done what all great journalists strive to do: she has made us see clearly what has long been right before our eyes. Highly recommended. McKay Jenkins, author, Professor of English, Journalism and Environmental Humanities at the University of Delaware
This article was originally published in 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.
Company’s own records revealed damning truth of glyphosate-based herbicides’ link to cancer
This article was originally published in The Guardian.
By Carey Gillam
It was a verdict heard around the world. In a stunning blow to one of the world’s largest seed and chemical companies, jurors in San Francisco have told Monsanto it must pay $289m in damages to a man dying of cancer which he claims was caused by exposure to its herbicides.
Monsanto, which became a unit of Bayer AG in June, has spent decades convincing consumers, farmers, politicians and regulators to ignore mounting evidence linking its glyphosate-based herbicides to cancer and other health problems. The company has employed a range of tactics – some drawn from the same playbook used by the tobacco industry in defending the safety of cigarettes – to suppress and manipulate scientific literature, harass journalists and scientists who did not parrot the company’s propaganda, and arm-twist and collude with regulators. Indeed, one of Monsanto’s lead defense attorneys in the San Francisco case was George Lombardi, whose resumé boasts of his work defending big tobacco.
Now, in this one case, through the suffering of one man, Monsanto’s secretive strategies have been laid bare for the world to see. Monsanto was undone by the words of its own scientists, the damning truth illuminated through the company’s emails, internal strategy reports and other communications.
The jury’s verdict found not only that Monsanto’s Roundup and related glyphosate-based brands presented a substantial danger to people using them, but that there was “clear and convincing evidence” that Monsanto’s officials acted with “malice or oppression” in failing to adequately warn of the risks.
Testimony and evidence presented at trial showed that the warning signs seen in scientific research dated back to the early 1980s and have only increased over the decades. But with each new study showing harm, Monsanto worked not to warn users or redesign its products, but to create its own science to show they were safe. The company often pushed its version of science into the public realm through ghostwritten work that was designed to appear independent and thus more credible. Evidence was also presented to jurors showing how closely the company had worked with Environmental Protection Agency officials to promote the safety message and suppress evidence of harm.
“The jury paid attention throughout this long trial and clearly understood the science and also understood Monsanto’s role in trying to hide the truth,” said Aimee Wagstaff, one of several attorneys around the US who are representing other plaintiffs making similar claims to Dewayne Johnson.
This case and the verdict specifically concern the 46-year-old father who developed a severe and fatal form of non-Hodgkin’s lymphoma while working as a school groundskeeper, repeatedly spraying large quantities of Monsanto’s Roundup and other glyphosate herbicide brands. Doctors have said he probably does not have long to live.
The ramifications, however, are much broader and have global implications. Another trial is set to take place in October in St Louis and roughly 4,000 plaintiffs have claims pending with the potential outcomes resulting in many more hundreds of millions, if not billions of dollars in damage awards. They all allege not only that their cancers were caused by exposure to Monsanto’s herbicides, but that Monsanto has long known about, and covered up, the dangers. The team of plaintiffs’ attorneys leading the litigation say they so far have brought to light only a fraction of evidence collected from Monsanto’s internal files and plan to reveal much more in future trials.
Monsanto maintains it has done nothing wrong, and that the evidence has been misrepresented. Its attorneys say they have the bulk of scientific research firmly on their side, and that they will appeal against the verdict, meaning it could be years before Johnson and his family see a dime of the damage award. In the meantime, his wife, Araceli, works two jobs to support the couple and their two young sons as Johnson prepares for another round of chemotherapy.
But as this case and others drag on, one thing is clear: this is not just about one man dying of cancer. Glyphosate-based herbicides are so widely used around the globe (roughly 826 million kg a year) that residues are commonly found in food and water supplies, and in soil and air samples. US scientists have even recorded the weed killer residues in rainfall. Exposure is ubiquitous, virtually inescapable.
Acknowledgement of risk is essential to public protection. Regulators, however, have failed to heed the warnings of independent scientists for too long, even shrugging off the findings of the World Health Organization’s top cancer scientists who classified glyphosate as a probable human carcinogen.
Now, well past time, long-held corporate secrets have been exposed.
In his closing argument, the plaintiff’s attorney, Brent Wisner, told the jury it was time for Monsanto to be held accountable. This trial, he said, was the company’s “day of reckoning”.
- Landmark Lawsuit Claims Monsanto Hid Cancer Danger of Weedkiller for Decades, by Carey Gillam in The Guardian
- First Monsanto Roundup Cancer Trial Jury Selection, Carey Gillam’s blog
By Carey Gillam
Let the battle begin. Opening statements are slated for Monday in the landmark legal case that for the first time puts Monsanto and its Roundup herbicide on trial over allegations that the company’s widely used weed killer can cause cancer.
Dewayne “Lee” Johnson, a San Francisco-area school groundskeeper who used a form of Roundup regularly at his job, will face off against the global seed and chemical giant in a trial expected to extend into August. Johnson hopes to persuade a jury that Monsanto, which last month became a subsidiary of Bayer AG, is to blame for the non-Hodgkin lymphoma that doctors have said leaves him only weeks or months left to live.
Hints of the courtroom drama to come unfolded over the last week of June as jury selection dragged on for days, with Monsanto claiming widespread bias among prospective jurors. A number of the members of the jury pool, Monsanto’s attorney said, revealed in jury questionnaires that they view Monsanto as “evil.” Some even said they believe the company has “killed people,” a Monsanto attorney lawyer told San Francisco Superior Court Judge Suzanne Bolanos.
Monsanto’s attorneys cited similar issues in seeking to quell media coverage of the trial, telling the judge that she should not allow news cameras to televise the events because the publicity would “create a significant safety risk” for Monsanto’s employees and attorneys who have been targeted with “multiple threats and disturbing communications,” related to the litigation. Monsanto said employees have received threatening phone calls as well as ominous postcards sent to their homes. One postcard displayed a skull and crossbones along with a photo of the recipient, Monsanto said in a court filing.
Judge Bolanos ruled that some parts of the trial will be allowed to be broadcast, including opening statements, closing arguments and the announcement of a verdict. The trial is expected to be closely followed by people around the world; the French news outlet Agence France Presse is among the contingent of media who sought permission to cover the case.
Heated debates over the safety of Roundup and the active ingredient glyphosate have spanned the globe for years. Concerns mounted after internal Monsanto documents came to light through court-ordered discovery, showing conversations among Monsanto employees about “ghost” writing certain scientific papers to help influence regulatory and public opinion about Monsanto products.
Many of those internal corporate records are expected to be a key part of Johnson’s case. Johnson’s attorneys say they have evidence that Monsanto has long known that glyphosate-based herbicides such as Roundup are carcinogenic and have hidden that information from consumers and regulators. They allege Monsanto has manipulated the scientific record and regulatory assessments of glyphosate in order to protect corporate glyphosate-related revenues. Monsanto knew of the dangers and “made conscious decisions not to redesign, warn or inform the unsuspecting public,” the Johnson lawsuit claims.
If they can convince a jury of the allegations, the lawyers say they plan to ask for potentially “hundreds of millions of dollars.”
Johnson’s lawsuit against Monsanto makes him one of roughly 4,000 plaintiffs who sued the company after the International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen in March 2015. The IARC classification was based on a review of more than a decade of published, peer-reviewed scientific studies analyzing glyphosate and glyphosate-based herbicides. Johnson’s case is the first to go to trial. Another is scheduled for trial in October in St. Louis, Missouri.
Monsanto argues there is no justification for any of the claims, and asserts it has decades of regulatory findings of safety and hundreds of research studies to back its defense. “Glyphosate is the most tested herbicide in history,” Monsanto stated in its trial brief.
The company says it plans to introduce expert testimony demonstrating that the science is firmly on its side—”the entire body of epidemiology literature shows no causal association” between its glyphosate-based herbicides and non-Hodgkin lymphoma, the company states. As well, the animal testing database “is most consistent with glyphosate not being a human carcinogen,” according to Monsanto.
The company’s attorneys also plan to show that Johnson’s exposure was minimal, and notably, that development of his type of cancer—a disease called mycosis fungoides that causes lesions on the skin—takes many years to form and could not have developed in the short period between Johnson’s exposure and his diagnosis.
Monsanto’s attorneys argue in court filings that Johnson’s claims are so weak the judge should instruct the jury to provide a directed verdict in Monsanto’s favor.
But Johnson’s attorneys plan to tell jury members that Johnson began to experience a skin rash not long after being accidentally doused in a Monsanto glyphosate-based herbicide called Ranger Pro. He saw the rash—which turned to lesions and then invaded lymph nodes—worsen after he would use the chemical, which was frequently as he treated school grounds. Johnson’s attorneys plan to tell jurors that Johnson was so worried that the herbicide was to blame that he called Monsanto’s offices as well as a poison hotline number listed on the herbicide label. Monsanto employees recorded his outreach and his concerns, internal Monsanto documents show. But even after the IARC classification of glyphosate as a probable carcinogen, Monsanto did not inform him of any risk, according to evidence to be presented at the trial.
As part of their case, Johnson’s attorneys intend to present video depositions of 10 former or current Monsanto employees, and of former Environmental Protection Agency official Jess Rowland, whose relationship with Monsanto has sparked allegations of collusion and an inquiry from the EPA’s Office of Inspector General. They also will call to the stand Johnson himself, his wife, his doctors, and several scientists as expert witnesses.
The Monsanto witness list includes 11 expert witnesses who will testify both about the necessity of herbicides, including glyphosate-based herbicides; certain scientific literature; the plaintiff’s type of cancer and potential causes; and other evidence that Monsanto says discredits Johnson’s claims.
Johnson’s attorneys will start the opening statements on Monday, and have projected that initial explanation of their case to the jury will take roughly 1-1/2 hours. Monsanto’s attorneys have told the court they expect their opening statements to take roughly 1-1/4 hours.
This story originally appeared in EcoWatch.
By Carey Gillam
Dewayne “Lee” Johnson has led what many might call an unremarkable life. The 46-year-old father and husband spent several years working as a school groundskeeper and spending free time teaching his two young sons to play football. But this week he takes center stage in a global debate over the safety of one of the world’s most widely used pesticides as he takes Monsanto to court on claims that repeated exposure to the company’s popular Roundup herbicide left him with terminal cancer.
San Francisco Superior Court Judge Suzanne Ramos Bolanos was assigned Monday to oversee the trial, and jury selection is tentatively expected to begin Thursday, June 21, with opening statements possible by June 27. The courtroom showdown could last three to four weeks, lawyers involved estimate, and will shine a spotlight on decades of scientific research and internal Monsanto documents that relate to the testing and marketing of Monsanto’s flagship herbicide and the active ingredient, a chemical called glyphosate.
Though Johnson is the lone plaintiff in the lawsuit, his case is considered a bellwether for roughly 4,000 other plaintiffs also suing Monsanto over allegations that exposure to Roundup caused them or their loved ones to develop non-Hodgkin lymphoma (NHL). Another case is scheduled to go to trial in October in St. Louis, Missouri.
Johnson worked as a groundskeeper for the Benicia Unified School District for many years.
The lawsuits, which have been piling up in court dockets around the U.S., not only challenge Monsanto’s position that its widely used herbicides are proven safe, but they also assert that the company has intentionally suppressed evidence of the risks of its weed killing products, misleading both regulators and consumers in a dangerous deception.
The litigation, proceeding both in federal and state courts, began after the International Agency for Research on Cancer (IARC) classified glyphosate—the active ingredient in Roundup—as a probable human carcinogen in March 2015. The IARC classification was based on years of published, peer-reviewed scientific studies analyzing glyphosate and glyphosate-based herbicides.
Monsanto and allies in the agrochemical industry have blasted the litigation and the IARC classification as lacking in validity, countering that decades of safety studies prove that glyphosate does not cause cancer when used as designed. Monsanto has cited findings by the U.S. Environmental Protection Agency (EPA) and other regulatory authorities as backing its defense. The company can also point to an EPA draft risk assessment of glyphosate on its side, which concluded that glyphosate is not likely carcinogenic.
“Glyphosate-based herbicides are supported by one of the most extensive worldwide human health and environmental effects databases ever compiled for a pesticide product,” Monsanto states on its website. “Comprehensive toxicological and environmental fate studies conducted over the last 40 years have time and again demonstrated the strong safety profile of this widely used herbicide.”
Glyphosate represents billions of dollars in annual revenues for Monsanto, which became a subsidiary of German-based Bayer AG on June 8, and several other companies selling glyphosate-based herbicides. Monsanto brought the pesticide to market in 1974 and the weed killer has been used prominently for decades by farmers in food production and by municipalities to eradicate weeds in public parks and playgrounds, and by homeowners on residential lawns.
Monsanto had sought to delay the Johnson case, just as it has sought to delay and/or dismiss the others brought against it. But the trial was expedited because he is not expected to live much longer after being diagnosed in 2014 with a form of non-Hodgkin lymphoma called mycosis fungoides.
A Death Sentence
According to court records, Johnson worked as a groundskeeper for the Benicia Unified School District for many years and applied multiple treatments of Monsanto’s herbicides to the San Francisco-area school properties from 2012 until at least late 2015, including after he was diagnosed with cancer in August 2014. His job entailed mixing and spraying hundreds of gallons of glyphosate-based herbicides around school properties. He used various Roundup products, but mostly Roundup PRO, a highly concentrated version of the weed killer. After developing a skin rash in the summer of 2014 he reported to doctors that it seemed to worsen after he sprayed the herbicide. In August of that year he was diagnosed with a type of lymphoma but continued his work until 2015 when he underwent several rounds of chemotherapy only to learn in September 2015 that he likely had but 18 months to live.
In a deposition taken in January, Johnson’s treating physician testified that more than 80 percent of his body was covered by lesions and his diagnosis continued to be terminal. Still, Johnson has improved since starting a new drug treatment and plans to attend some of the trial if possible, his attorneys said.
Johnson has not led an unblemished life; Monsanto uncovered an aggravated assault charge against him from the early 1990s, along with a misdemeanor weapons charge and a domestic abuse complaint against the mother of his oldest child. The company elicited deposition testimony from Johnson that he failed tests for pesticide applicators three times, and sprayed the pesticide without a certified applicator license. Johnson wore proper protective gear over his clothing but was accidentally drenched in the pesticide at least once when mixing it.
Monsanto’s lawyers will argue other factors could be to blame for Johnson’s cancer, and that its weed killer played no role.
Johnson’s attorneys have shrugged off any issues regarding Johnson’s personal behavior or other potential causes for his disease, and say in court filings they will offer evidence at trial that Monsanto “for decades, engaged in a shocking degree of scientific fraud and manipulation of the scientific literature with respect to Roundup” to cover up the evidence that it does cause cancer.
The trial evidence will include information that Monsanto ghostwrote articles relied on by the EPA, IARC and California’s environmental regulators; rewarded employees for ghostwriting; and actively suppressed the publication of information that revealed the harm associated with glyphosate and Roundup. Johnson’s attorneys say internal Monsanto documents show extensive “manipulation” of the scientific record, and clearly improper and fraudulent interactions with regulators.
Johnson’s attorneys intend to call 10 current and former Monsanto employees to the stand.
“We’re going to get them here. We have the goods,” said Brent Wisner, who is one of three attorneys representing Johnson at trial. “If the evidence we have is allowed in, Monsanto is in trouble.”
Lead Lawyer Out
Wisner was only brought in to help try to case within the last few weeks after lead attorney Mike Miller suffered a near-fatal accident while kite surfing and remains too severely injured to try the case. Wisner’s role is key as he is set to deliver both the opening and closing statements for Johnson’s case in Miller’s absence.
Monsanto filed a motion on June 18 seeking to exclude Wisner from trying the case, however, claiming he has been acting as a “PR man,” and lobbyist against glyphosate, particularly in Europe, where glyphosate has been under intense regulatory scrutiny. Monsanto also cited Wisner’s release in August 2017 of hundreds of pages of internal Monsanto documents turned over in discovery that the company had wanted to keep sealed, a tactic that earned Wisner a rebuke from the judge in the federal multidistrict litigation pending against Monsanto. Monsanto’s lawyers argue that the internal corporate communications have been intentionally presented out of context by Wisner and other plaintiff’s attorneys to make it appear as though the company engaged in deceptive practices when it did not.
Wisner’s activities put him in violation of a California “advocate-witness” rule, Monsanto contended in its filing.
In addition to trying to exclude the lawyer, Monsanto is seeking to exclude reams of evidence, including internal emails written by its scientists, arguments that it deceived the EPA, evidence of fraud committed by laboratories, and testimony from Johnson’s expert witnesses.
Judge Bolanos will hear arguments on Wednesday regarding that motion and more than a dozen others regarding what evidence will and will not be allowed at trial.
Both sides say the case and the outcome are important in a larger sense. If the jury finds in favor of Johnson it could encourage additional litigation and damage claims some of the lawyers involved estimate could run into hundreds of millions of dollars. If the jury sides with Monsanto, other cases could be in jeopardy. Additionally, a victory for Monsanto in this first case could ease regulatory questions dogging the company.
As for Johnson, he will try to attend some of the trial, and will testify, but will not likely be there for it all, said Wisner. Johnson’s wife, Araceli Johnson, will be called to testify, as will two of his co-workers and his doctors.
“Right now he’s on borrowed time. He’s not going to come to most of the trial,” said Wisner. “The guy is going to die and there is nothing he can do about it. It’s unbelievably horrible.”
In June, a California groundskeeper will make history by taking company to trial on claims it suppressed harm of Roundup
This article was originally published in The Guardian.
By Carey Gillam
At the age of 46, DeWayne Johnson is not ready to die. But with cancer spread through most of his body, doctors say he probably has just months to live. Now Johnson, a husband and father of three in California, hopes to survive long enough to make Monsanto take the blame for his fate.
On 18 June, Johnson will become the first person to take the global seed and chemical company to trial on allegations that it has spent decades hiding the cancer-causing dangers of its popular Roundup herbicide products – and his case has just received a major boost.
Last week Judge Curtis Karnow issued an order clearing the way for jurors to consider not just scientific evidence related to what caused Johnson’s cancer, but allegations that Monsanto suppressed evidence of the risks of its weed killing products. Karnow ruled that the trial will proceed and a jury would be allowed to consider possible punitive damages.
“The internal correspondence noted by Johnson could support a jury finding that Monsanto has long been aware of the risk that its glyphosate-based herbicides are carcinogenic … but has continuously sought to influence the scientific literature to prevent its internal concerns from reaching the public sphere and to bolster its defenses in products liability actions,” Karnow wrote. “Thus there are triable issues of material fact.”
Johnson’s case, filed in San Francisco county superior court in California, is at the forefront of a legal fight against Monsanto. Some 4,000 plaintiffs have sued Monsanto alleging exposure to Roundup caused them, or their loved ones, to develop non-Hodgkin lymphoma (NHL). Another case is scheduled for trial in October, in Monsanto’s home town of St Louis, Missouri.
The lawsuits challenge Monsanto’s position that its herbicides are proven safe and assert that the company has known about the dangers and hidden them from regulators and the public. The litigants cite an assortment of research studies indicating that the active ingredient in Monsanto’s herbicides, a chemical called glyphosate, can lead to NHL and other ailments. They also cite research showing glyphosate formulations in its commercial-end products are more toxic than glyphosate alone. The International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen in 2015.
Monsanto “championed falsified data and attacked legitimate studies” that revealed dangers of its herbicides, and led a “prolonged campaign of misinformation” to convince government agencies, farmers and consumers that Roundup was safe, according to Johnson’s lawsuit.
“We look forward to exposing how Monsanto hid the risk of cancer and polluted the science,” said Michael Miller, Johnson’s attorney. “Monsanto does not want the truth about Roundup and cancer to become public.”
Monsanto has fiercely denied the allegations, saying its products are not the cause of cancer. The IARC finding was wrong, according to Monsanto, as are studies finding glyphosate and glyphosate-based herbicides like Roundup to be potentially carcinogenic. Monsanto points to findings by the Environmental Protection Agency (EPA) and other regulatory authorities as backing its defense.
“Glyphosate-based herbicides are supported by one of the most extensive worldwide human health and environmental effects databases ever compiled for a pesticide product,” Monsanto states on its website. “Comprehensive toxicological and environmental fate studies conducted over the last 40 years have time and again demonstrated the strong safety profile of this widely used herbicide.”
A company spokeswoman did not respond to a request for additional comment.
How the Johnson lawsuit plays out could be a bellwether for how other plaintiffs proceed. If Johnson prevails, there could be many more years of costly litigation and hefty damage claims. If Monsanto successfully turns back the challenge, it could derail other cases and lift pressure on the firm.
According to the court record, Johnson had a job as a groundskeeper for the Benicia unified school district where he applied numerous treatments of Monsanto’s herbicides to school properties from 2012 until at least late 2015. He was healthy and active before he got the cancer diagnosis in August 2014. In a January deposition, Johnson’s treating physician testified that more than 80% of his body was covered by lesions, and that he probably had but a few months to live. Johnson has improved since starting a new drug treatment in November but remains too weak sometimes to even speak or get out of bed, his attorneys and doctors state in court filings.
Monsanto’s lawyers plan to introduce evidence that other factors caused Johnson’s cancer, to challenge the validity of the science Johnson’s claims rely on, and to present their own experts and research supporting safety. The company has an EPA draft risk assessment of glyphosate on its side, which concludes that glyphosate is not likely carcinogenic.