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

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Rachel Carson Environment Book Award Winner: Whitewash by Carey Gillam

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

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

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

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

“a gutsy, compelling read from beginning to end, especially for readers who enjoy the kind of hard-nosed, shoe-leather reporting that used to be the hallmark of great journalism.” Society for Environmental Journalists BookShelf

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

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

Book Description

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

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

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

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

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More Praise for Whitewash

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

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

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

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

First Monsanto Roundup Cancer Trial Underway

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Related coverage:

  • 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.

Bay Area Man vs. Monsanto: First Trial Over Roundup Cancer Claims Set to Begin

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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.

Araceli Johnson, Lee Johnson’s wife, and their two sons. Photo credits: Lee Johnson

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.”

This article was originally posted on EcoWatch. Carey Gillam is a journalist and author, and a public interest researcher for US Right to Know, a not-for-profit food industry research group.

U.S. Right to Know Sues EPA for Glyphosate Residue Documents

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News Release

For Immediate Release: Tuesday, May 22, 2018
For More Information Contact: Carey Gillam (913) 526-6190

U.S. Right to Know, a consumer advocacy organization, filed a lawsuit on Monday against the Environmental Protection Agency (EPA) for violating provisions of the Freedom of Information Act (FOIA). Public Citizen Litigation Group, a public interest law firm in Washington, D.C., is representing U.S. Right to Know in the action.

The lawsuit, filed in U.S. District Court in Washington, D.C., seeks documents related to the EPA’s interactions with the Food and Drug Administration (FDA) regarding testing food samples for residues of the weed killing chemical called glyphosate. Glyphosate is the most widely used herbicide in the world and is the key ingredient in Monsanto Co.’s branded Roundup herbicides as well as other weed-killing products.  Concerns about the chemical have grown since the World Health Organization in 2015 said its cancer experts classified glyphosate as a probable human carcinogen.

For decades, the FDA has annually tested thousands of food samples for different pesticides to determine compliance with legal tolerance levels established by the EPA. But it was only in 2016 that the FDA started some limited testing for glyphosate residues in food, and the agency has yet to report official results from those tests. Documents obtained from within the FDA indicate residues of the weed killer have been found in many food samples, including honey and oats.

U.S. Right to Know is suing to require EPA to comply with a FOIA request made in July 2016 that seeks release of documents pertaining to the EPA’s communications with the FDA regarding the residue testing for glyphosate, as well as any communications EPA has had with Monsanto regarding the same.

The lawsuit also requests that EPA comply with a FOIA filed in February 2017 seeking records between EPA employees and CropLife America, a trade association for the agrochemical industry.

The lawsuit specifically claims that U.S. Right to Know has a statutory right under FOIA to the requested records and that EPA has no legal basis for refusing to produce these records. The complaint asks the court to order EPA to make the requested records promptly available.

The lawsuit comes three days after U.S. Rep. Ted Lieu sent a letter to the FDA asking for more information on the FDA’s efforts to test glyphosate levels in food. The letter follows a report published in The Guardian indicating that glyphosate, the chemical commonly used in herbicides, could be found in common foods.

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

Public Citizen Litigation Group litigates cases involving open government, health and safety regulations, consumer rights, access to the courts, and the First Amendment. It is the litigating arm of the national, nonprofit consumer advocacy organization, Public Citizen. The Litigation Group often represents individuals and organizations seeking access to records under the Freedom of Information Act. More information can be found at citizen.org.

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FDA FOIA Documents Regarding Glyphosate Residue Testing

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The Food and Drug Administration has responded to Freedom of Information Act (FOIA) requests for information regarding its efforts to start testing food samples for residues of glyphosate as well as some other herbicides, including 2,4-D.

Many of those documents can be accessed below:

FDA FOIA 2017-7005

FDA FOIA 2017-7005 part 2

FDA Final Responsive Records (2017-7005) Part 3 (Redacted)

FDA FOIA 2017-7005 attachments

CFSAN Responsive Records (2017-7005) Interim Response Part 2 (OC-ORA red boxed emails)_Redacted (1)

FDA FOIA Objectives herbicide analysis

CFSAN Responsive Records (Redacted) 2017-10178

FDA Pestag Meeting Minutes April 19, 2017

FDA March 15, 2017 PesTAG Meeting Minutes

FDA Minutes of phone call Feb 10, 2016