EPA Glyphosate Registration Review Public Comments Now Due

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For anyone interested in commenting on the EPA’s latest safety review of the weed killing chemical glyphosate:

  • Docket ID:EPA-HQ-OPP-2009-0361
  • Abstract:Federal Register for Tuesday, February 27, 2018 (83 FR 8476) (FRL–9973–07) EPA–HQ–OPP–2017–0720; Registration Review; Draft Human Health and/or Ecological Risk Assessments for Several Pesticides; Notice of Availability
  • Document Type:Notice
  • Status:Posted
  • Received Date:Feb 27, 2018
  • FR Citation:83
  • Start-End Page:8476 – 8478
  • Comment Start Date:Feb 27, 2018
  • Comment Due Date:Apr 30, 2018
  • Glyphosate Case 0178 EPA-HQ-OPP-2009-0361 glyphosateRegReview@epa.gov (703) 347-0292.

See all details here: https://www.regulations.gov/docket?D=EPA-HQ-OPP-2009-0361

Report from the Glyphosate Daubert Hearings

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Update 3/19: Judge Chhabria ordered an additional hearing for two of the plaintiffs’ witnesses. Follow Carey Gillam on Twitter for more updates about the legislation and we continue to post documents on our Monsanto Papers page.

Science Week Blog 

U.S. Right to Know Research Director Carey Gillam reported from U.S. Federal Court in San Francisco during the March 5-9, 2018 Daubert Hearings, where Judge Vince Chhabria heard expert testimony about the science regarding the safety of glyphosate and Monsanto’s Roundup weed killer. Some reports were filed by USRTK Co-Director Stacy Malkan.

For updates, documents and analysis from the litigation, see the Monsanto Papers page. More more information about glyphosate, see our science fact sheet, Carey Gillam’s reporting on glyphosate and Gillam’s book, “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science” (Island Press, 2017)

Reports in chronological order:

Updated: 03/05/2018 10:09

Farmers Vs. Monsanto: Glyphosate Showdown Comes to US Court in San Francisco:
“Science Week” in a federal court will decide if farmer cancer lawsuits move forward

US Right to Know News Release, March 5, 2018 — A federal court hearing in San Francisco this week will turn a spotlight on the science surrounding the world’s most widely used pesticide, glyphosate, and will determine whether farmers and their families will be able to proceed with legal action against Monsanto Co. over cancer concerns.

More than 365 lawsuits are pending against Monsanto 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.

The court has dubbed the March 5-9 events as “science week” because the only evidence to be presented will come from experts in cancer science, including epidemiologists, toxicologists, and biomedical statistical analysts called to analyze relevant research. The scientists will present their best scientific evidence to U.S. Judge Vince Chhabria, who will decide if the lawsuits move forward or are halted in their tracks.

Journalist and author Carey Gillam of U.S. Right to Know will be live blogging the event from the court house. Follow her posts here: https://usrtk.org/live-updates-monsanto-hearing/

See also:

03/05/2018 10:39 by Carey Gillam

Michael Baum of Baum Hedlund, counsel for the farmers and their families who are suing Monsanto over cancer concerns explains what’s at stake in this week’s hearings. https://www.facebook.com/USRightToKnow/videos/1662246967174627/

Updated: 03/06/2018 10:10 by Carey Gillam 

Showdown in San Fran underway 

The showdown is underway in San Francisco.

Teams of dark-suited attorneys filled the courtroom of U.S. District Judge Vince Chhabria on Monday morning to wrestle over the science surrounding cancer concerns and Monsanto’s Roundup herbicide.

With more than 365 lawsuits combined in the multi district litigation under the purview of Judge Chhabria, there were more plaintiffs attorneys than seats at the plaintiffs table, so they spilled out into the rows set aside for the public.

Laptops and yellow, lined legal pads crowded the tables for the opposing counsels as many furiously took notes and kept track of the time, well aware that each side has a limit of 11 hours to present their scientific case to the judge in a hearing that runs through Friday. The plaintiffs must demonstrate that they have scientific evidence to back their claims that glyphosate, the active ingredient in Roundup, causes non-Hodgkin lymphoma (NHL).

The hearings are an interim, but very important step in the litigation as these hearings allow for Chhabria to determine if the expert scientists plaintiffs have lined up to testify regarding causation will be permitted to testify at trial. The focus in those determinations is whether the experts used a recognized, reliable methodology for arriving at their opinions. If the judge the litigation can proceed to trial, a jury would then decide whether the evidence more likely than not shows Roundup caused the individual’s NHL.

First up to testify is plaintiffs’ expert witness Beate Ritz, Chair of the Epidemiology Department at UCLA, of Occupational and Environmental Health (COEH).

Under the questioning of plaintiffs’ attorney Kathryn Forgie, Ritz walked the judge through a series of epidemiology studies conducted over the years that show statistically significant risk factors linking glyphosate to cancer. The literature shows that the risk to individuals considered “routine users” of glyphosate was significant, she testified.

Judge Chhabria quizzed Ritz on several aspects of the scientific research and appeared concerned about whether or not studies were adjusted for exposure to other pesticides.

When asked about a study Monsanto has pointed to as critical evidence that there is no non-Hodgkin lymphoma link to glyphosate, Ritz explained that the study – a cohort called the Agricultural Health Study (AHS) – had several short-comings.

Among the problems, she testified, the AHS data on glyphosate relied heavily on memories of individuals filling out questionnaires to asses usage. It also is smaller than desired and has not followed people long enough, she said. “Recall error” is “really the enemy of exposure assessment,” she said.

03/05/2018 13:25 by Carey Gillam 

Getting Interesting 

A lawyer sitting next to me in first row describes this as the “post -lunch sag.”

But it’s just starting to get interesting – After a brief lunch break, epidemiologist Beate Ritz resumed testimony with a detailed discussion of meta-analyses. She says that with respect to glyphosate, there is animal data but “more importantly“ human data that shows an association between lymphoma and glyphosate. She said “DNA breaks have been shown to occur when individuals are exposed.” She says that her conclusion is that glyphosate and glyphosate based herbicides “do indeed cause NHL.”

But when Judge Chhabria asks her to be more specific – does she believe the pesticide is currently causing NHL or is “capable” of causing NHL, she said it was the latter. “We know that the toxicology is in the dose,” she said. That prompted some whispering among plaintiffs’ counsel and further questioning under which Ritz  said it would depend on the individual’s cases.

Monsanto attorneys now get their shot at Ritz.

03/05/2018 15:29 by Carey Gillam 

Ritz Concludes Testimony With Congrats from Judge

Whew – Five hours of testimony featuring plaintiffs’ expert witness, epidemiologist Beate Ritz, concluded in chuckles all around as Federal Court Judge Vince Chhabria told Ritz “congratulations” for her enthusiastic, though sometimes-prickly, testimony regarding her views of multiple studies looking at glyphosate and connections to cancer, specifically non-Hodgkin lymphoma.

Chhabria had to admonish Ritz more than once during her cross-examination by Monsanto attorney Eric Lasker to stop asking Lasker questions and telling him what questions to ask. The judge offered – in jest – to set aside time later in the week for Ritz to do her own cross-examination of Lasker in what was a rare light moment in the otherwise serious scrutiny of the science.

Before she exited the witness chair, Chhabria asked her if she believes that current levels of glyphosate exposures is causing or has caused non-Hodgkin lymphoma. Ritz said that good exposure quantification data is lacking but when pressed by the judge to say whether or not the studies she reviewed show that glyphosate has caused NHL in people she replied: “Yes I think they do.”

Next up: Dennis Weisenburger, a physician and pathologist who specializes in the study of NHL, takes the stand. He is Chair of the Pathology Department of the City of Hope Medical Center, Omaha, Nebraska.

03/05/2018 17:02 by Carey Gillam

“There is biological plausibility”

A long day of testimony presented by plaintiffs’ witnesses concluded with strong statements by NHL expert Dennis Weisenburger laying out multiple studies that lend support to the plaintiffs’ allegations that Monsanto’s glyphosate-based Roundup herbicide causes non-Hodgkin lymphoma.

As he did with prior witness Beate Ritz, the judge asked Weisenburger if he believed not just that the pesticide was capable of causing NHL but if it is at exposures people are currently experiencing. Weisenburger answered affirmatively.

“The body of evidence is strong evidence,” said Weisenburger. Glyphosate and the glyphosate-based formulations, including Roundup can cause non-Hodgkin lymphoma (NHL), he told Judge Chhabria.

Weisenburger spent time walking the court through studies that show DNA damage in people exposed to glyphosate, including through aerial spraying. Research shows that both glyphosate and formulations cause genetic damage, the type that leads to NHL, he said.

“There is biological plausibility.”

He testified that both animal studies and studies of human exposed to glyphosate showed connections between the chemical and cancer.

In one study, the North American Pooled Project (NAPP) the risk for NHL increased almost two fold when for people who used glyphosate more than two days per year. In animal studies, Weisenburger said there were “dose-related effects for multiple tumors.” As well, one mouse study showed rare tumors in exposed animals.

“There is a body of evidence that is pretty compelling that glyphosate and the formulations are genotoxic in living cells,” he testified.

Like Ritz, Weisenburger was dismissive of new results recently published as part of the Agricultural Health Study that showed no connection between glyphosate and NHL.

Though Monsanto has sought to portray this research as definitive evidence of no relationship between cancer and its weed killer, both scientists who testified today said the research has several flaws that made it unreliable for a determination on glyphosate, including that its span was too short, recall bias concerns, and lack of actual data on increased glyphosate usage over years.

Monsanto’s attorneys will get their chance to cross examine Weisenburger on Tuesday.

Stay tuned…..

Updated: 03/06/2018 10:58 by Stacy Malkan 

Transcript March 5, 2018 

Here is the link to the transcript of testimony from Monday, March 5 in the Roundup Products Liability litigation. This document and all court and discovery documents from the litigation are posted on the US Right to Know Monsanto Papers page.

Updated: 03/06/2018 11:20 by Carey Gillam 

Science Week, Day Two 

Testimony was about to get underway for the second day of “science week” with plaintiffs’ expert witness Dennis Weisenburger due to get back on the stand. Weisenburger, Chair of the Pathology Department of the City of Hope Medical Center in Omaha, Nebraska, specializes in the study of non-Hodgkin lymphoma (NHL).

Weisenburger spent much of Monday afternoon summarizing for Judge Vince Chhabria his belief that analysis of many research studies provides strong evidence that glyphosate and glyphosate-based weed killers like Monsanto’s Roundup can cause exposed individual’s to develop NHL.

Monsanto attorneys will get their chance to cross examine Weisenburger Tuesday afternoon after he completes his direct testimony.

Each side is claiming they have science on their side: “The question before this Court is all about the science,” Monsanto attorneys wrote in a pre-hearing court filing. “The science at issue consists of actual studies and data, not conjecture and speculation.” Monsanto argues that plaintiffs’ evidence is “littered with carefully selected, out-of-context, e-mails, memoranda, and other internal Monsanto documents which, according to plaintiffs’ allegations in their briefing, show purported ghostwriting of review articles (not original studies themselves) or allegedly improper corporate conduct.

Plaintiffs’ counter to that argument is this: “The methodology applied by Monsanto’s experts turns not on sound science but rather on whether the evidence at issue is favorable or unfavorable to Monsanto’s position. Where the evidence is favorable, it receives minimal scrutiny and Monsanto’s experts often fail to find any flaws or shortcomings. Yet when the evidence shows a positive association between exposure to glyphosate-based formulations (GBFs) and Non-Hodgkin Lymphoma (NHL), Monsanto’s experts concoct an inquiry that consistently leads them to disregard the positive evidence in its entirety. Inconsistencies or controverting evidence do not curtail this approach. Rather, when confronted with reliable positive evidence of causation, Monsanto’s experts develop novel methods to discount findings, including manufacturing new theories or facts.”

Plaintiffs’ initial exhibit list totaled 252 listed items, while Monsanto’s listed more than 1,000 total items.

One of many sticking points in the presentation of evidence has been Monsanto’s fierce objection to the potential use of an estimated 1,500 pages of data from a controversial 1983 mouse study that EPA scientists initially saw as concerning evidence of the potential carcinogenicity of glyphosate. Monsanto was eventually successful in convincing EPA that its analysis was flawed and that the study actually reflected no reason for concern.

Plaintiffs have sought to dig into that study data, which Monsanto has opposed. “The hundreds of pages of raw data that plaintiffs seek to have de-designated are inarguably confidential,” Monsanto wrote of the plaintiffs’ desire to discuss the mouse study in the hearings this week.

One issue that the experts must address for Judge Chhabria has to do with studies that make connections between glyphosate exposure and NHL but do not adjust for exposure to other pesticides. The judge stated multiple times that he sees that as a concern and wants a better understanding of the issue as the hearing progresses. “This continues to be an issue for me,” he said shortly before court concluded on Monday.

The judge also has warned attorneys that he needs a better understanding of the issue of “recall bias” in epidemiology research and how that may impact findings.

Following Weisenburger’s testimony, plaintiffs’ plan to present testimony from Alfred Neugut and then Charles “Bill” Jameson.

Neugut is a practicing medical oncologist, a professor of cancer research and professor of medicine and epidemiology at Columbia University.

Jameson has participated as a member of the working group of the International Agency for Research on Cancer and is a member of the American Chemical Society and the Society of Toxicology and he participates in peer reviews for six scientific journals.

Updated: 03/06/2018 15:56 by Carey Gillam

Rough and Tumble 

It was a tough cross-examination for plaintiffs’ expert Dennis Weisenburger, who was grilled on multiple areas of his analysis by Monsanto attorney Kirby Griffis. After leaving the witness stand and taking a seat in the front row of the public seating area, he expressed relief to be finished, remarking, “It’s like going to hell and coming back.”

Monsanto’s attorney opened his cross by showing a slide with text from a deposition that showed Weisenburger answering affirmatively to a question asking if his standard for offering opinions in published articles was more rigorous for offering his opinion in litigation matters. He accused Weisenburger of not presenting a full picture of the available data regarding glyphosate, and Griffis elicited testimony from Weisenburger confirming that a wave of NHL was identified in the 1950s, a time long before glyphosate was introduced to the market by Monsanto in 1974, underscoring there are other causes for the cancer.

Toward the end of this testimony, even questions from Judge Chhabria were hot to handle. The judge wanted to know how was it possible to connect glyphosate to non-Hodgkin lymphoma in people diagnosed in the late 1970s and early 1980s given glyphosate only came on the market in 1974 and given expert testimony that NHL can take more than two decades to develop from pesticide exposure. The judge suggested it should be “assumed” that something other than glyphosate caused the NHL in those people who were part of early studies.

“That is obviously what the defense is trying to say,” Weisenburger replied, but acknowledged that there are other pesticides associated with non-Hodgkin lymphoma.

Next on the stand- Alfred Neugut. a practicing medical oncologist who is professor of cancer research and professor of medicine and epidemiology at Columbia University. In his opening direct testimony he says there is great specificity with research showing a connection between glyphosate and NHL.

Scientists do not see repeated evidence of ties between glyphosate and several other types of cancer, but commonly see non-Hodgkin lymphoma. “Every time you look what comes up? Glyphosate and NHL,” he said.

Neugut testified that there is no perfect scientific study but consistency in study findings cannot be ignored.

He spoke so rapidly that the judge and court reporter had to caution him to slow down. “I’m from Brooklyn,” he replied, drawing courtroom laughter.

03/06/2018 16:05 by Carey Gillam

“Shit Happens” 

Expert witness Alfred Neugut, testifying for plaintiffs Tuesday, addressed a study that Monsanto has claimed is significant evidence backing its claims that says glyphosate and Roundup do not cause non-Hodgkin lymphoma (NHL). The Agricultural Health Study (AHS) is an “excellent study for many things,” Neugut said, but for understanding any association – or lack of – between glyphosate and NHL, the study fails, he testified. An extraordinary increase in the use of glyphosate that started in the late 1990s dramatically changed the exposure level of farmers to glyphosate from the beginning of the study when baseline exposures were established. There are other flaws with the study, including a “loss to follow-up,” he said.

“You have an error on top of an error on top of an error… the AHS study is basically not so useful,” he said

When asked how a study that was so poorly done could get published as the AHS study was in November 2017, he shrugged and said “shit happens.”

Next up: Monsanto attorney Eric Lasker to begin his cross examination.

03/07/2018 10:33 by Carey Gillam 

Day 3 – Notes and Gift & a Shift to Toxicology 

Day three of the Roundup cancer “science week” hearing opened with a gift from Judge Chhabria to plaintiffs – a gift of time. The plaintiffs will have an extra 60 minutes to present their expert witness testimony added to the total of 11 hours each side has been allotted for this week’s events. The judge said because he has frequently taken up some of plaintiffs’ time with questions of witnesses, he decided the extra time was warranted. Plaintiffs had requested an additional 90 minutes. Monsanto is not due any extra time, he said.

The judge also noted that he had received an email message from a “citizen” regarding the proceedings, but that he had elected not to read the message. He did pass copies of it to both plaintiffs’ and Monsanto’s attorneys.

The hearing Wednesday began with a continuation of Monsanto’s cross of plaintiffs’ witness Alfred Neugut, an expert in epidemiology who is a practicing medical oncologist and professor of cancer research and professor of medicine and epidemiology at Columbia University.

Monsanto attorney Eric Lasker pushed Neugut on his position on the science, and repeatedly challenged the scientist’s memory regarding previous statements and analysis that the attorney portrayed as conflicting with his testimony in these events. Neugut at one point said he must have been mistaken before but was now correct.

Following Neugut’s testimony, the focus of the hearing today will move from epidemiology to toxicology research that plaintiffs’ cite as evidence backing their claims that Monsanto’s weed killer causes cancer.

The first toxicology expert to take the stand will be Charles Jameson (who goes by Bill). Jameson has served as program leader for the National Toxicology Program at the NIH’s National Institute of Environmental Health Sciences for 12 years. He was a member of the working group for the International Agency for Research on Cancer that found glyphosate to be a probable human carcinogen in March 2015.

With the turn to toxicology will likely come a turn to discussion of the 1983 mouse study that initially prompted EPA scientists to say the study showed evidence of glyphosate’s cancer-causing potential. It was only after pressure from Monsanto and a report from a pathologist hired by Monsanto – and years of discussions with EPA – that the official assessment of that study was changed to reflect no sign of carcinogenicity.

Monsanto sought to keep much of the data from that study out of court after plaintiffs said they would be introducing it, but the judge has said the study data will be allowed as evidence.

03/07/2018 10:49 by Carey Gillam 

Transcript from Tuesday’s Hearing 

03/07/2018 11:59 by Carey Gillam

Testimony About Animal Tumor Data 

Testimony by toxicology expert Bill Jameson on Wednesday sparked early objections from Monsanto attorneys as the former government scientist explained the body of research that led him to conclude that glyphosate and glyphosate-based herbicides (like Roundup) can cause non-Hodgkin lymphoma at real-world exposures – levels farm workers and others face when using the weed killer. Judge Vince Chhabria overruled Monsanto’s objections.

Jameson was a member of the working group of the International Agency for Research on Cancer  (IARC) which analyzed research on glyphosate and declared it to be a probable human carcinogen in March 2015.

Judge Chhabria posed several questions to Jameson about that IARC finding, noting that in human studies the IARC group concluded there was “limited” evidence of carcinogenicity, compared to “sufficient” evidence in animal research.

That led Jameson to explain that some scientists on the IARC working group thought the evidence was stronger than limited but others disagreed. Jameson joked: “If there are three epidemiologists in a room and you ask them their opinions you’ll get four opinions.”

He, like the scientists who testified Monday and Tuesday, said it is the weight of the combined animal and human data that demonstrates the carcinogenicity of the herbicide.

There are many animal studies on glyphosate, Jameson testified, saying that it is “extraordinary” to have so many animal studies to evaluate a chemical due to the cost of such studies. The fact that researchers have as many animal studies as they do for glyphosate adds to the strength of his conclusion that the chemical causes cancer, he said. Importantly, the animal research shows there is replication of several tumor sites, including liver tumors and malignant lymphoma, he said.

“We had a lot of replication for malignant lymphomas in the mouse,” he said. The same tumors were seen in different studies in different labs at different times, which underscores strength of conclusion of carcinogenicity, he said.

In her questioning of Jameson, plaintiffs’ attorney Aimee Wagstaff at one point presented a slide showing a page from an eight-hour deposition of Jameson, pointing out that Monsanto had only provide the judge with one small segment of Jameson’s actual statement regarding the data. The entire statement provided the needed context for the court, she said.

Updated: 03/07/2018 14:38 by Carey Gillam 

After lunch break, Monsanto crosses Jameson 

Following a short break for lunch, Monsanto attorney Joe Hollingsworth stepped up to cross examine plaintiffs’ expert witness Bill Jameson.

Hollingsworth launched his cross by pressing Jameson about distinctions between hazard and risk assessments, and comments Jameson made in a deposition.

They judge admonished Hollingsworth and suggested that rather than continuously asking Jameson about what he said in a deposition, the attorney should ask him about what he actually thinks.

“Why don’t you ask his about his opinion now, the judge told Hollingsworth. “That’s normally how we do it,” the judge said.

Hollingsworth did adjust his inquiry but when again asking Jameson about comments he made in a deposition led Jameson to reply that in his depositions taken by Monsanto “I’ve been misquoted and things have been taken out of context so many times… ”

When Hollingsworth continues to press Jameson to address comments Hollingsworth says Jameson made in a deposition, the judge again interrupts to admonish Hollingsworth, say that if Hollingsworth wants to ask Jameson questions about prior deposition testimony in the way that he is asking then Hollingsworth must provide him the full transcript of the deposition and the page number that contains the comment.

The Monsanto attorney say he has the comment available on a slide to show Jameson and the court. The judge tells him that is not good enough. The witness has to be able to see the comments in context, not pulled out on a slide, the judge tells Hollingsworth. Jameson is then allowed to find and read aloud his full comment.

Repeatedly the judge seems to take issue with Hollingsworth’s style of questioning, including saying it is “his fault” for talking over Jameson as the witness tries to answer questions.

Updated: 03/07/2018 15:47 by Carey Gillam

Little Bit of Legal Drama

A little bit of legal drama in afternoon testimony by plaintiffs’ expert witness Bill Jameson as Judge Vince Chhabria repeatedly admonished Monsanto lead attorney Joe Hollingsworth over his tactics in cross examining Jameson.

Chhabria seems especially vexed by Hollingsworth’s effort to open a line of questioning by asking Jameson about statements he made in a deposition. The judge told Hollingsworth multiple times throughout the cross examination to ask Jameson directly what his opinions about the science are now, and then if that contradicted something he said earlier Hollingsworth could explore the contradiction. He also criticized Hollingsworth for talking over Jameson as he tried to answer questions.

The judge showed noted concern over the possibility that Monsanto might be taking expert statements out of context. That concern was underscored when, in a particularly stern move that left plaintiffs’ attorneys giddy with delight, Judge Chhabria ordered Monsanto’s attorney to read aloud into the record two pages of testimony from a deposition that supported the expertise of Jameson’s analysis before he would allow Hollingsworth to introduce a separate example from a deposition that undercut Jameson’s expertise.

Hollingsworth protested the action but finally capitulated as the judge insisted. He then ended his cross examination of Jameson.

As Jameson’s testimony ended and he stepped down from the witness stand, he turned to the judge: “Thank you for the honor, your honor,” he said.

Following Jameson, Chris Portier, another in the line-up of plaintiffs’ expert witnesses, took the stand. Portier, who traveled from his home in Switzerland to testify, expressed a bit of nervousness before beginning his testimony under direct examination from New York-based attorney Robin Greenwald.

Portier introduced his expert view that the probability that glyphosate cause non-Hodgkin lymphoma is “high.”

In his testimony, Portier tacked the Greim 2015 study, which Monsanto and supporters have said supports their position that glyphosate doesn’t cause cancer. ( Internal Monsanto documents state the Greim paper was ghost-written by a Monsanto scientist.) Portier said the work was poorly documented, providing only summary data and not providing individual animal data, among other short-comings.

Updated: 03/07/2018 16:54 by Carey Gillam  

Court Adjourns for the Day 

UPDATE – Dust up after court adjourns: Plaintiffs’ had provided Monsanto attorneys with a copy of the slide deck they were using for Portier’s direct testimony. But when court adjourned in the middle of testimony, they wanted the slide deck back – or at least the portions they had not yet covered. Monsanto attorneys having their game plan overnight was “prejudicial” plaintiffs’ attorneys protested. But Monsanto attorney Eric Lasker shrugged off the request from plaintiffs’ attorney Aimee Wagstaff that they return the slide deck. A Monsanto attorney had already walked out with the documents and Lasker was not inclined to try to retrieve them. A frustrated Wagstaff requested “judicial assistance” from the judge but retreated after Lasker said they had written notes on the slide deck and refused to give them back.

A long day of testimony wrapped up with plaintiffs’ expert witness Chris Portier laying out for the court detailed and highly technical methodology and analysis that he said supports his views that glyphosate has a strong causal connection to non-Hodgkin lymphoma.

Monsanto has criticized Portier for pooling results from multiple research studies in ways that are aimed at intentionally generating data that favors plaintiffs’ claims against Monsanto, but Portier denied that bias in his testimony Wednesday.

The scientist explained such things as “latency” to the court, and discussed his “sensitivity analysis” of studies done in rats and mice in the 1980s and 1990s.

More direct testimony is slated for Thursday morning from Portier and then his cross-examination. After that, Monsanto will likely get its turn to present its own experts to the judge. The company has said they will present four witnesses.

After this week’s testimony, lawyers for both sides will get their chance to make oral arguments to the judge sometime in the next two weeks. The judge will make a ruling on whether or not the plaintiffs’ witnesses who are providing their scientific opinions regarding causation will be permitted to testify at trial.

The focus for the judge’s decision is whether the experts are using recognized, reliable methodology to arrive at their opinions. If he determines any or all of the witnesses are not relying on this proper scientific foundation he can exclude them from testifying, a move that would be a powerful blow to plaintiffs’ case and a win for Monsanto.

I am sorry to say I have to head to New York City on Thursday, and so will miss the final two days of testimony. But USRTK will be making transcripts available and the video recording of the full hearing when the web link becomes available after the conclusion of this week’s events.

Updated: 03/09/2018 09:50 by Carey Gillam

Transcripts from March 7 & 8 hearing 

I had to jet off to another city but here is the transcript from March 7’s hearing, https://usrtk.org/wp-content/uploads/2018/03/Transcript-hearing-March-7-2018.pdf and here is the transcript from Thursday’s events https://usrtk.org/wp-content/uploads/2018/03/Transcript-for-Daubert-Hearing-March-8-2018.pdf

Colleague Stacy Malkan is headed to court today to keep you all informed!

Updated: 03/09/2018 14:43 by Stacy Malkan

Last Day of Daubert Testimony 

Entering the final inning of Science Week as the plaintiff’s attorney is about to begin cross examination of cancer epidemilogist Dr. Lorelei Mucci, an associate professor of epidemiology at Harvard T.H. Chan School of Public Health. Last witness! More updates soon from the testimony of Dr. Mucci and earlier testimony by plaintiff’s witness Dr. Chadi Nabhan, a board certified clinical medical oncologist and past assistant professor at the University of Chicago.

Updated: 03/15/2018 10:45 by Stacy Malkan

Science Week Concludes in Federal Court 


Dr. Mucci’s cross exam is complete, and that’s a wrap for testimony for glyphosate Science Week. Judge Chhabria calls for a round of applause for the court reporter; “we can all agree she had the hardest job in the room this week.” Oral arguments are set for Weds at 10 a.m.

Today, the last two witnesses presented: Dr. Chadi Nabhan for the plaintiffs (he couldn’t get here until today) and Dr. Lorelei Mucci for the defense. Dr. Nabhan is an oncologist who serves as medical director of Cardinal Health and has 17 years of clinical practice and academic research focused on lymphomas.

Dr. Nabhan discussed the process by which the International Agency for Research on Cancer conducts its monographs to determine whether chemicals cause cancer. The agency has a high bar to consider what it reviews, he said – exposures must be high and animal data strong. Since 1965, IARC has reviewed 1003 agents and found 20% to be carcinogens; 120 classified as carcinogenic and 81 classified as probably carcinogenic, including glyphosate.

“In my opinion, the (NHL) risk (of glyphosate exposure) is clinically significant enough that patients should be aware of it,” Dr, Nabhan said. “The IARC report is very convincing.”

Dr. Nabhan does not have a high opinion of the Agricultural Health Study (AHS) that was the topic of much of today’s discussion. “There are so many flaws in this study that it’s impossible to draw any conclusions,” he said. He shrugged off the updated analysis is “an updated analysis of an already flawed study.”

Last up was Dr. Lorelei Mucci for the Monsanto defense. Dr. Mucci is an associate professor of epidemiology at Harvard T.H. Chan School of Public Health and assistant professor of medicine at Harvard Medical School. Her major research and teaching area is cancer epidemiology.

Dr. Mucci discussed in her view the strengths and limitations of four epidemiological studies (transcript here with details) in particular the AHS study. Investigators of the AHS cohort analysis reported no evidence of association between exposure to glyphosate and risk of NHL, accounting for both short and long term exposures.

Much of Dr. Mucci’s testimony focused on questions from the judges about the validity of self reporting in the questionnaires filled out by pesticide applicators about their exposure to glyphosate. Dr. Mucci explained why she believes the reporting was reliable, and is confident in the study findings of no evidence of positive association between exposure and NHL risk and no evidence of dose response.

In cross examination, Dr. Mucci clarified that her expert opinion was based on epidemiological data that IARC looked at and that has come out since, the updated AHS and updated analysis of the North American Pooled Project. She did not consider toxicological data or animal data.

Updated: 03/12/2018 11:58 by Stacy Malkan

Transcripts and What’s Next? 

Testimony is complete in five days of Daubert Hearings to review the scientific evidence linking glyphosate, the key chemical in Monsanto’s Roundup weed killer, to a type of cancer found more commonly in farmers than the general population. Closing arguments are set for Wednesday March 14 (time TBD). U.S. District Court Judge Vince Chhabria will then decide whether there is evidence to support the plaintiffs’ claim that exposure to Roundup can cause non-Hodgkin Lymphoma (NHL), and if the experts providing scientific opinions regarding causation will be permitted to testify at trial.

The events, dubbed “Science Week” by the court because all the testimony came from experts in cancer science, marked the first time that the body of research relating to glyphosate and NHL was analyzed under oath. The stakes are high for the farmers and their families suing Monsanto, and for the company that derives nearly a third of its revenue from glyphosate-based products.

Below are the transcripts from glyphosate Science Week. Other court and discovery documents from the glyphosate trails, along with reporting and analysis, are posted on the USRTK Monsanto Papers page.

Friday March 9 transcript

Thursday March 8 transcript

Wednesday March 7 transcript

Tuesday March 6 transcript

Monday March 5 transcript

Updated: 03/13/2018 12:22 by Stacy Malkan

Videos of Daubert Hearings Now Posted 

The US Court, Northern District of California has posted all video footage of the March 5-9 “Science Week” Daubert Hearings in the Roundup products liability litigation against Monsanto Company.

You can find the videos here: http://www.uscourts.gov/cameras-courts/re-roundup-products-liability-litigation

The court website provides some interesting history about cameras in courts, and the continuing pilot program under which the glyphosate hearings were recorded — the only Daubert Hearings to date available for viewing on the court website. A win for transparency in our view!

That’s a wrap for Science Week reporting, sign up for the USRTK newsletter to keep up to date with our investigations and reporting.

If you value this type of independent reporting, please consider making a donation to US Right to Know.

# # #

Farmers Vs. Monsanto: The Glyphosate Trials

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“Science Week” in a federal court will decide if farmer cancer lawsuits move forward

Live updates from court hearings by Carey Gillam
Transcripts of Daubert Hearings posted here

News Release
For Immediate Release: Monday, March 5, 2018
For More Information Contact: Carey Gillam (913) 526-6190; Stacy Malkan (510) 542-9224

San Francisco, Calif.; March 5, 2018 — A federal court hearing in San Francisco this week will turn a spotlight on the science surrounding the world’s most widely used pesticide, glyphosate, and will determine whether farmers and their families will be able to proceed with legal action against Monsanto Co. over cancer concerns.

More than 365 lawsuits are pending against Monsanto 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.

The court has dubbed the March 5-9 events as “science week” because the only evidence to be presented will come from experts in cancer science, including epidemiologists, toxicologists, and biomedical statistical analysts called to analyze relevant research. The scientists will present their best scientific evidence to U.S. Judge Vince Chhabria, who will decide if the lawsuits move forward or are halted in their tracks.

Journalist and author Carey Gillam of U.S. Right to Know will be live blogging the event from the court house. Follow her posts here: https://usrtk.org/live-updates-monsanto-hearing/

See also: “Monsanto says its pesticides are safe: Now a court wants to see the proof,” by Carey Gillam, The Guardian.

Gillam is author of “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science” (Island Press, 2017) — “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,” according to the Society for Environmental Journalists’ BookShelf review.

Gillam is also research director of U.S. Right to Know, a consumer and public health watchdog group. USRTK is posting documents and analysis from the MDL glyphosate cancer cases on our Monsanto Papers page.

U.S. Right to Know is a nonprofit consumer and public health organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy.  For more information, see usrtk.org.

Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science

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Released Oct. 2017: Carey Gillam’s new book about Monsanto, Roundup and glyphosate is available through Island Press, AmazonBarnes and Noble, or your local independent bookseller.

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

See also: USRTK News Release and Carey Gillam’s testimony before a joint committee of the European Parliament on 10/11/2017 and Gillam’s 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.

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

Corporate power, not public interest, at root of science committee hearing on IARC

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(First published in Environmental Health News)

Score another point for corporate power over protection of the public.

U.S. Rep Lamar Smith, chairman of the U.S. House of Representatives Committee on Science, Space, & Technology, has slated a full committee hearing for Feb. 6 with an agenda aimed squarely at attacking some of the world’s top cancer scientists.

Given the fact that cancer is the second-leading cause of death in the United States, it seems obvious that our lawmakers should be supporting cancer science rather than trying to thwart it. But Smith’s action comes after the World Health Organization’s International Agency for Research on Cancer ( IARC) angered Monsanto Co. when it declared the pesticide glyphosate, a key ingredient in Monsanto’s weed killing products, to be a probable carcinogen.

Though the hearing is titled “In Defense of Scientific Integrity: Examining the IARC Monograph Programme and Glyphosate Review,” the irony of the descriptor is not lost on those who have been following Smith’s efforts to derail and defund this cancer research agency.

In letters to IARC’s leadership, Smith has repeated false narratives and inaccurate news stories planted by Monsanto and chemical industry allies, and cited the “serious nature of these concerns related to expenditures of taxpayer dollars.”

It’s worth noting that the plan to put the International Agency for Research on Cancer on the hot seat was put into motion roughly three years ago when Monsanto predicted the international cancer scientists would find its weed killer to have carcinogenic potential. The company said as much in internal communications brought to light through recent litigation.

The documents also show that it was February 2015, a month before the IARC classification, when Monsanto executives laid out a strategic plan to discredit the cancer scientists. The plan was designed to “orchestrate outcry with IARC decision.”

The efforts to manipulate public perception about IARC ramped up last summer when Monsanto allies spoon-fed a false narrative to a Reuters reporter who produced a news story that shot around the globe and has been a key talking point for the chemical industry attack against IARC.

The story relied on the deposition of an IARC scientist named Aaron Blair and reported that Blair withheld critical information that would have altered the IARC glyphosate classification. Reuters never provided a link to the deposition, which at that point was not filed in any court and was not publicly available.

Chairman Smith ran with the story, stating that Blair “admitted to knowing that this research could have prevented” the classification of glyphosate as a probable carcinogen.

Anyone taking time to actually read the deposition, which is now public, would see that Blair never said any such thing, and in fact protested multiple times that the data in question was not fully analyzed and not published and thus was not suitable to be considered by IARC.

A similar false narrative pushed by the chemical industry and repeated by Smith accused IARC of deleting assessments finding no connection between glyphosate and cancer from its final report. Smith and team either don’t know or don’t care that IARC’s deletions were of Monsanto assertions that the cancer scientists said could not be substantiated.

IARC officials have detailed the falsehoods perpetuated against them by the chemical industry but the defense has fallen on deaf ears.

Monsanto needs to discredit the international cancer scientists because it was the IARC finding that triggered waves of lawsuits against Monsanto, and prompted moves to ban the chemical in some European countries.

But while Monsanto and other chemical industry interests are concerned about the billions of dollars in revenues they rake in annually from glyphosate-based products, the attack on this independent science group should have all of us concerned.

Approximately 39 percent of men and women living in the United States are expected to be diagnosed with cancer during their lifetimes, according to the National Cancer Institute.

For this year alone, the American Cancer Society has estimated there will be more than 1.68 million people newly diagnosed with cancer and more than 600,000 deaths from cancer. Worldwide, there are more that 14 million cases of cancer occurring each year, and that number is expected to hit nearly 22 million by 2030.

Cancer “affects almost everyone’s life, either directly or indirectly,” and beyond the toll on life and health it costs the United States more than $200 billion in medical costs and lost productivity, according to the U.S. Department of Health and Human Services (HHS).

In order to reduce deaths from cancer we have to put more emphasis on preventing it in the first place, and a big part of that “primary prevention” according to a 2016 report by the HHS National Toxicology Program (NTP) “is to identify the carcinogens.”

Clearly, the companies that sell chemicals linked to cancer prefer to see IARC defunded and dismantled. They’ve said as much through the disingenuously namedCouncil for Accuracy in Public Health Research (CAPHR), a nonprofit established by the American Chemistry Council a year ago with the specific goal of promoting the “reform” of IARC.

But to see our lawmakers so eagerly promoting corporate interests when such dire public safety interests are at stake marks perhaps a new low in American politics. These are literally life and death matters.

Our public servants must be held to account, to support the scientists who work to identify carcinogens, and push back against the corporate interests who want to discredit the science that threatens its profits.

Scientific integrity should mean exactly that.

Monsanto’s Fingerprints All Over Newsweek’s Hit on Organic Food

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Update: Newsweek’s bizarre response

By Stacy Malkan

“The campaign for organic food is a deceitful, expensive scam,” according to a Jan. 19 Newsweek article authored by Dr. Henry I. Miller of the Hoover Institution.

If that name sounds familiar – Henry I. Miller – it may be because the New York Times recently revealed a scandal involving Miller: that he had been caught publishing an article ghostwritten by Monsanto under his own name in Forbes. The article, which largely mirrored a draft provided to him by Monsanto, attacked the scientists of the World Health Organization’s cancer panel (IARC) for their decision to list Monsanto’s top-selling chemical, glyphosate, as a probable human carcinogen.

Reporting on an email exchange released in litigation with Monsanto over cancer concerns, the Times’ Danny Hakim wrote:

“Monsanto asked Mr. Miller if he would be interested in writing an article on the topic, and he said, ‘I would be if I could start from a high-quality draft.’

The article appeared under Mr. Miller’s name, and with the assertion that ‘opinions expressed by Forbes Contributors are their own.’ The magazine did not mention any involvement by Monsanto in preparing the article …

Forbes removed the story from its website on Wednesday and said that it ended its relationship with Mr. Miller amid the revelations.”

The opinion wire Project Syndicate followed suit, after first adding a disclaimer to Miller’s commentaries noting that they would have been rejected if his collaboration with Monsanto had been known.

Desperate to Disparage Organic

The ghostwriting scandal has hardly slowed Miller down; he has continued to spin promotional content for the agrichemical industry from outlets such as Newsweek and The Wall Street Journal, without disclosing to readers his relationship with Monsanto.

Yet Miller’s Newsweek hit on organic food has Monsanto’s fingerprints in plain sight all over it.

For starters, Miller uses pesticide industry sources to make unsubstantiated (and ludicrous) claims about organic agriculture – for example, that organic farming is “actually more harmful to the environment” than conventional agriculture, or that organic allies spent $2.5 billion in a year campaigning against genetically engineered foods in North America.

The source on the latter inaccurate claim is Jay Byrne, a former director of corporate communications for Monsanto (not identified as such in the Newsweek article), who now directs a PR firm called v-Fluence Interactive.

Email exchanges reveal how Monsanto works with people like Jay Byrne – and with Byrne specifically – to push exactly this type of attack against Monsanto’s foes while keeping corporate involvement a secret.

According to emails obtained by my group US Right to Know, Byrne played a key role in helping Monsanto set up a corporate front group called Academics Review that published a report attacking the organic industry as a marketing scam – the exact theme in Miller’s Newsweek article.

Jay Byrne’s hit list of Monsanto foes. 

The concept of the front group – explained in the emails I reported here – was to create a credible-sounding platform from which academics could attack critics of the agrichemical industry while claiming to be independent, yet secretly receiving funds from industry groups. Wink, wink, ha, ha.

“The key will be keeping Monsanto in the background so as not to harm the credibility of the information,” wrote a Monsanto executive involved in the plan.

Byrne’s role, according to the emails, was to serve as a “commercial vehicle” to help obtain corporate funding. Byrne also said he was compiling an “opportunities” list of targets – critics of the agrichemical industry who could be “inoculated” from the academics’ platform.

Several people on Byrne’s “opportunities” hit list, or later attacked by Academics Review, were targets in Miller’s Newsweek article, too.

Miller’s Newsweek piece also tried to discredit the work of New York Times’ reporter Danny Hakim, without disclosing that it was Hakim who exposed Miller’s Monsanto ghostwriting scandal.

As with other recent attacks on the organic industry, all fingers point back to the agrichemical corporations that will lose the most if consumer demand continues to rise for foods free of GMOs and pesticides.

Monsanto’s “Independent Academic” Ruse

Henry Miller has a long history of partnering with – and pitching his PR services to – corporations that need help convincing the public their products aren’t dangerous and don’t need to be regulated.

And Monsanto relies heavily on people with scientific credentials or neutral-sounding groups to make those arguments – people who are willing to communicate the company script while claiming to be independent actors. This fact has been established by reporting in the New York Times, Le Monde, WBEZ, the Progressive and many other outlets in recent years.

A newly released Monsanto document provides more details about how Monsanto’s propaganda and lobbying operation works, and the key role Henry Miller plays within it.

This 2015 “preparedness plan” – released by lawyers in the glyphosate cancer lawsuits – lays out Monsanto’s PR strategy to “orchestrate outcry” against the IARC cancer scientists for their report on glyphosate. The first external deliverable: “Engage Henry Miller.”

The plan goes on to name four tiers of “industry partners” – a dozen trade groups, academic groups and independent-seeming front groups such as the Genetic Literacy Project – that could help “inoculate” against the cancer report and “protect the reputation … of Roundup.”

Miller delivered for Monsanto with a March 2015 article in Forbes – the article later revealed as Monsanto’s writing – attacking the IARC scientists. The industry partners have been pushing the same arguments through various channels again and again, ever since, to try to discredit the cancer scientists.

Much of this criticism has appeared to the public as a spontaneous uprising of concern, with no mention of Monsanto’s role as the composer and conductor of the narrative: a classic corporate PR hoodwink.

As more documents tumble into the public realm – via the Monsanto Papers and public records investigations – the “independent academic” ruse will become harder to maintain for industry surrogates like Henry I. Miller, and for media and policy makers to ignore.

For now, Newsweek is not backing down. Even after reviewing the documents that substantiate the facts in this article, Newsweek Opinion Editor Nicholas Wapshott wrote in an email, “I understand that you and Miller have a long history of dispute on this topic. He flatly denies your assertions.”

Neither Miller nor Wapshott have responded to further questions.

Stacy Malkan is co-director of the consumer watchdog and transparency group, US Right to Know. She is author of the book, “Not Just a Pretty Face: The Ugly Side of the Beauty Industry” (New Society, 2007). Disclosure: US Right to Know is funded in part by the Organic Consumers Association which is mentioned in Miller’s article and appears on Byrne’s hit list.

Carey Gillam’s presentation to European Parliament glyphosate hearing: Revelations from Monsanto Papers and Other Research

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Remarks delivered Oct. 11, 2017 by Carey Gillam before a joint hearing of the European Parliament committees on the Environment, Public Health and Food Safety; and Agriculture and Rural Development.

Links: slides via SlideShare; Carey’s remarks; video of Carey’s presentation and full hearing

“Decades of Deceit: How Corporate Influence Has Manipulated Science and Safety Assessments; Revelations from the Monsanto Papers and Other Research”

Good morning – I am an investigative journalist, someone who has spent 30 years focusing on facts, pursuing truth. And having spent roughly 20 of those 30 years delving into the dealings of Monsanto I can confidently tell you that the story of the company’s top selling chemical, glyphosate, is not one of truth, but one of deceit – carefully calculated and choreographed deceit. There is overwhelming evidence of attempts to deceive, and to do so in ways that manipulate the press and manipulate policy makers like you.

In my reporting role I – along with colleagues at US Right to Know – have obtained thousands of documents from our US regulators as well as from US scientists who work at public universities, and these documents show clearly the long history of deception when it comes to presentation of glyphosate matters. In addition to those documents, we have now the thousands of pages of internal Monsanto emails, memos and other documents that make it clear beyond any doubt the efforts by this company to manipulate policy makers and members of the public.

You just heard panelists talk about the science. I’m here to share with you what the documents show about deception. We know from the documents that Monsanto has:

  • Ghostwritten research papers that assert glyphosate safety for publication & regulatory review
  • Provided alternative assessments for studies that Indicate harm; convinced regulators to discount evidence of safety problems
  • Developed a network of European & U.S. scientists to push glyphosate safety message to regulators and lawmakers while appearing to be independent of industry
  • Utilized public relations teams to ghostwrite articles and blogs that are posted using names of scientists who appear to be independent
  • Formed front groups that work to discredit journalists and scientists who publicize safety concerns
  • Provided EPA “talking points” to use if questioned by press about IARC classification
  • Successfully pushed EPA to remove top independent epidemiologist from EPA Scientific Advisory Panel
  • Enlisted 3 EPA officials to block a 2015 Glyphosate Review by the U.S. Agency for Toxic Substances and Disease Registry that Monsanto said would likely agree with IARC

For many examples of Monsanto’s manipulations revealed in the documents, see Carey’s slides posted below – slides also available via PDF or SlideShare.  Text of remarks posted here (PDF).

Link to video of Carey Gillam’s presentation and video of full hearing

Carey Gillam is a veteran journalist, researcher, and writer with more than 25 years of experience covering corporate America, and a former senior correspondent for Reuters’ international news service. Her new book “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science” was just released by Island Press. Carey is also the research director of U.S. Right to Know, a nonprofit organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy.

Q&A with Carey Gillam on Whitewash

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Carey Gillam’s new book is available now from Island Press: Whitewash: The Story of a Weed Killer, Cancer, and the Corruption of Science

Gilliam’s Whitewash is a hard-hitting investigation into the most widely used agrichemical in history, based on 20 years of research and scores of internal industry documents. For decades glyphosate has been lauded as the chemical that’s “safe enough to drink,” but a growing body of scientific research ties glyphosate to cancers and a host of other health and environmental threats.

Whitewash is a “must-read,” says Booklist.  Kirkus Reviews calls Whitewash a “hard-hitting, eye-opening narrative,” and a “forceful argument for an agricultural regulatory environment that puts public interest above corporate profits.”

Q: Carey, you’ve been reporting on pesticides and Monsanto for nearly 20 years. As a journalist, why was it important to write a book about the topic? Why now?

A: Health experts around the world recognize that pesticides are a big contributor to a range of health problems suffered by people of all ages, but a handful of very powerful and influential corporations have convinced policy makers that the risks to human and environmental health are well worth the rewards that these chemicals bring in terms of fighting weeds, bugs, or plant diseases. These corporations are consolidating and becoming ever more powerful, and are using their influence to push higher and higher levels of many dangerous pesticides into our lives, including into our food system. We have lost a much-needed sense of caution surrounding these chemicals, and Monsanto’s efforts to promote increased uses of glyphosate is one of the best examples of how this corporate pursuit of profits has taken priority over protection of the public.

Q: People may not be familiar with the term “glyphosate” or even “Roundup.” What is it? Why should people care?

A: Roundup herbicide is Monsanto’s claim to fame. Well before it brought genetically engineered crops to market, Monsanto was making and selling Roundup weed killer. Glyphosate is the active ingredient—the stuff that actually kills the weeds—in Roundup. Glyphosate is also now used in hundreds of other products that are routinely applied to farm fields, lawns and gardens, golf courses, parks, and playgrounds. The trouble is that it’s not nearly as safe as Monsanto has maintained, and decades of scientific research link it to a range of diseases, including non-Hodgkin lymphoma.

Monsanto has known about these risks and worked very hard to hide them.

Monsanto has known about these risks and worked very hard to hide them while promoting more and more use. Monsanto’s genetically engineered crops are all built to encourage glyphosate use. The key genetic trait Monsanto has inserted into its GMO soybeans, corn, canola, sugar beets, and other crops is a trait that allows those crops to survive being sprayed directly with glyphosate. After Monsanto introduced these “glyphosate-tolerant” crops in the mid-1990s, glyphosate use skyrocketed. Like other pesticides used in food production, glyphosate residues are commonly found in food, including cereals, snacks, honey, bread, and other products.

Q: You write that Whitewash shows we’ve forgotten the lessons of Rachel Carson and Silent Spring. What do you mean by that?

A: Carson laid out the harms associated with indiscriminate use of synthetic pesticides, and she predicted the devastation they could and would bring to our ecosystems. She also accused the chemical industry of intentionally spreading disinformation about their products. Her book was a wake-up call that spurred an environmental movement and led to the creation of the Environmental Protection Agency. But over the decades since, the general population and certainly our politicians and regulators have clearly forgotten the need for caution and scrutiny in dealing with these pesticides and the companies that profit from them. You see a push by our political leaders for fewer regulations, for more unchecked use of glyphosate and other pesticides in our food production, while research about how these pesticides cause cancer, how they harm children’s brain development, and how they alter reproductive health all get pushed aside.

Q: You obtained industry communications and regulatory documents that reveal evidence of corporate influence in regulatory agencies like the EPA. Does the evidence you uncovered take on new significance in light of the current political climate in the US? How can people keep regulatory agencies accountable for working in the public’s best interest?

A: Yes, it’s quite clear that Monsanto and other corporate giants like Dow Chemical enjoy significant sway with regulators, the very people who are supposed to be protecting the public. The companies use their money and political power to influence regulatory decision- making as well as the scientific assessments within the regulatory agencies. If we consumers and taxpayers want to protect our children, our families, our future, we need to pay attention, educate ourselves on these issues, write and call our lawmakers, and support organizations working on our behalf to protect our health and environment. We need to be proactive on policies that protect the public, not the profits of giant corporations. Capitalism is great—the pursuit of wealth through a free marketplace provides much that is good, that is true. But when we let corporate profit agendas take precedence over the health and well- being of our people and our planet we’re sacrificing far too much.

Q: Monsanto attempted to censor and discredit you when you published stories that contradicted their business interests. What strategies can journalists—or scientists— employ when faced with this pushback? What are the stakes if they don’t?

A: Monsanto, and organizations backed by Monsanto, have certainly worked to undermine my work for many years. But I’m not alone; they’ve gone after reporters from an array of major news outlets, including the New York Times, as well as scientists, academics, and others who delve too deeply into the secrets they want to keep hidden. I see it as a badge of honor that Monsanto and others in the chemical industry feel threatened enough by our work to attack us. It’s certainly not easy, for journalists in particular, to challenge the corporate propaganda machine.

Reporters that go along with the game, repeat the talking points, and publish stories that support corporate interests are rewarded with coveted access to top executives and handed “exclusive” stories about new products or new strategies, all of which score them bonus points with editors. In contrast, reporters who go against the grain, who report on unflattering research, or who point out failures or risks of certain products often find they lose access to key corporate executives. The competition gets credit for interviews with top corporate chieftains while reporters who don’t play the game see their journalistic skills attacked and insulted and become the subject of persistent complaints by the corporate interests to their editors.

What can be done? Editors and reporters alike need to check their backbones, realize that the job of a journalist is to find the story behind the spin, to ask uncomfortable questions and to forge an allegiance only to truth and transparency. When we lose truthful independent journalism, when we’re only hearing what the powerful want heard, it’s assured that those without power will be the ones paying the price.

Q: You interviewed a huge number of people for this book, including scientists, farmers, and regulators. Is there a particular conversation or story that stands out to you?

A: I’ve interviewed thousands of people over my career, from very big-name political types to celebrities to every day men and women, and I find it’s always those who are most unassuming, those “regular folk” who grab my heart. In researching this book, the individual story that most resonated with me is that of Teri McCall, whose husband Jack suffered horribly before dying of cancer the day after Christmas in 2015. The McCall family lived a quiet and rather simple life, raising avocadoes and assorted citrus fruits on their Cambria, California farm, using no pesticides other than Roundup in their orchards. Jacks’ death from non-Hodgkin lymphoma, a type of cancer linked to glyphosate, fully devastated Teri and her children and grandchildren. She has shown so much grace and strength and she gave me so much of her time—and her tears—in telling me Jack’s story. She is a woman I truly admire.

Of course there are so many others I have learned from, who I feel for, including the     scientists who have struggled to publish research, who have been censored or worse for their findings of harm associated with glyphosate and other pesticides. And farmers—I have   so much regard for farmers generally, including each and every one interviewed for this book. The work they do to raise our food is incredibly challenging and they are on the front lines of the pesticide dangers every day.

Jaw-dropping is the best way to describe some of the documents I and others have uncovered.

Q: You’ve been immersed in this topic for years. Was there anything you found in the course of researching and writing this book that surprised you?

A: Jaw-dropping is the best way to describe some of the documents I and others have uncovered. Seeing behind the curtain, reading in their own words how corporate agents worked intentionally to manipulate science, to mislead consumers and politicians, was shocking. As a long-time journalist, I’m a bit of a hardened cynic. Still, the depth of the deception laid bare in these documents, and other documents still coming to light, is incredible.

Q: What do you hope readers take away from Whitewash?

A: A writer at the New York Times told me after reading Whitewash that she feared eating anything in her refrigerator because of the information the book provides about the range of pesticide residues found in so many food products. That definitely is not my goal, to frustrate or frighten people. But I do hope that readers will be moved to care more about how our food is produced, how we make use of dangerous synthetic pesticides not just on farms but also on schoolyards and in parks where our children play.

And I hope they will want to be engaged in the larger discussion and debate about how we build a future that adequately balances the risks and rewards associated with these pesticides. As Whitewash shows, the current system is designed to pump up corporate profits much more than it is to promote long-term environmental and food production sustainability. There are many powerful forces at work to keep the status quo, to continue to push dangerous pesticides, almost literally down our throats. It’s up to the rest of us to push back.

Carey Gillam is a veteran journalist, researcher, and writer with more than 25 years of experience covering corporate America. A former senior correspondent for Reuters’ international news service, Gillam digs deep into the big business of food and agriculture. Carey is also the research director of U.S. Right to Know, a nonprofit organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy.

Carey Gillam Launches Book on Pesticide Problems & Monsanto Influence; Called to Appear Before EU Parliament

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News Release
For Immediate Release: Tuesday, October 10, 2017
For More Information Contact: Stacy Malkan (510) 542-9224                       

Today, Carey Gillam, a former Reuters reporter and current research director for U.S. Right to Know, launched her new book, Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science (Island Press), a hard-hitting investigation into the pesticide at the center of a regulatory and legal maelstrom on both sides of the Atlantic.

Tomorrow, Gillam will appear as an invited expert before members of the European Parliament at a joint committee hearing to discuss Monsanto’s efforts to manipulate science and regulatory assessments on glyphosate.

Gillam’s book and testimony are based on 20 years of research and scores of industry documents that describe the patterns of deception surrounding Monsanto’s flagship weed killer Roundup and its active ingredient glyphosate, and the impacts on people and the environment.

According to Publishers Weekly, “Gillam expertly covers a contentious front where corporate malfeasance intersects with issues of public health and ecology.” Kirkus Reviews calls Whitewash “a hard-hitting, eye-opening narrative,” and a “forceful argument for an agricultural regulatory environment that puts public interest above corporate profits.”

As Whitewash details, glyphosate is the most widely used agrichemical in history—a pesticide so pervasive it’s in our air, our water, our food, and even our own bodies. For decades it’s been lauded as the chemical that’s “safe enough to drink,” but a growing body of scientific research ties glyphosate to cancers and a host of other health and environmental threats.

Whitewash explores the legal claims of thousands of Americans who allege Roundup caused their cancers, and exposes the powerful influence of a multi-billion-dollar industry that has worked for decades to keep consumers in the dark and regulators in check. The book reveals how political influence has been at work for years in regulatory agencies while also laying bare unappetizing truths about the levels of glyphosate and other pesticides commonly found in our food products.

Whitewash makes clear that 55 years after Rachel Carson and Silent Spring awakened the world to the dangers of unchecked pesticide use, we have failed to heed her warnings.

Recent news about Monsanto’s actions on glyphosate:

New York Times:Monsanto’s Roundup Faces European Politics and US Lawsuits,” by Danny Hakim, Oct. 4, 2017

Le Monde Series:

The Guardian:Monsanto Banned from EU Parliament,” by Arthur Neslen, Sept. 28, 2017

USRTK: How Monsanto Manufactured ‘Outrage’ Over IARC Cancer Classification of Glyphosate,” by Carey Gillam, Sept. 19, 2017

Carey Gillam is a veteran journalist, researcher, and writer with more than 25 years of experience covering corporate America. A former senior correspondent for Reuters’ international news service, Gillam digs deep into the big business of food and agriculture.

U.S. Right to Know is a nonprofit organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy.


How Monsanto Manufactured ‘Outrage’ at IARC over Cancer Classification

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By Carey Gillam

Three years ago this month Monsanto executives realized they had a big problem on their hands.

It was September 2014 and the company’s top-selling chemical, the weed killer called glyphosate that is the foundation for Monsanto’s branded Roundup products, had been selected as one among a handful of pesticides to undergo scrutiny by the World Health Organization’s International Agency for Research on Cancer (IARC). Monsanto had spent decades fending off concerns about the safety of glyphosate and decrying scientific research indicating the chemical might cause cancer or other diseases. And even though the IARC review was still months away, Monsanto’s own scientists knew what the outcome would likely be—and they knew it wouldn’t be good.

Internal company records show not just the level of fear Monsanto had over the impending review, but notably that company officials fully expected IARC scientists would find at least some cancer connections to glyphosate. Company scientists discussed the “vulnerability” that surrounded their efforts to defend glyphosate amid multiple unfavorable research findings in studies of people and animals exposed to the weed killer. In addition to epidemiology studies, “we also have potential vulnerabilities in the other areas that IARC will consider, namely, exposure, genetox and mode of action…” a Monsanto scientist wrote in October 2014. That same email discussed a need to find allies and arrange funding for a “fight”—all months before the IARC meeting in March 2015.

And Monsanto predicted internally before IARC even met that the review of the scientific evidence would result in a decision that glyphosate “possibly” was carcinogenic or “probably” was. Monsanto officials had forecast the IARC decision in an internal “preparedness” plan that warned colleagues to “assume and prepare for the outcome…” The document shows Monsanto thought it most likely that IARC would peg glyphosate as a “possible human carcinogen.” The rating of probable carcinogen was “possible but less likely,” the Monsanto memo stated. IARC ultimately did classify glyphosate as “probably carcinogenic to humans.”

As the IARC meeting loomed, the internal documents show that Monsanto did not wait for the actual IARC decision before acting. It enlisted teams of PR and lobbying experts, scientists and others in a plan aimed at creating what was designed to appear as a storm of “outcry” and “outrage” to follow the IARC classification. IARC had a history of “questionable and politically charged rulings,” the Monsanto memo said.

The plan was to create enough controversy to thoroughly discredit IARC’s evaluation because Monsanto officials knew that regulators would be influenced by IARC, and continued widespread use of the top-selling chemical could be at risk.

“It is possible that IARC’s decision will impact future regulatory decision making,” Monsanto stated in its internal correspondence.

The timing was critical because in 2015 both the U.S. Environmental Protection Agency (EPA) and the European Commission were evaluating re-authorizations of Monsanto’s weed killer. Following IARC’s classification, both the European Union and the EPA delayed final decisions on glyphosate amid the still-brewing debate over the chemical’s safety.

“What this indicates to me is that it was obvious to Monsanto that there was evidence of carcinogenicity,” said Peter Infante, an epidemiologist who worked for more than 24 years for the U.S. government studying cancer risks to workers from exposure to toxic substances. “It would seem to me that Monsanto does not like the public to be informed of the cancer hazard.”

“What this indicates to me is that it was obvious to Monsanto that there was evidence of carcinogenicity.”

After the IARC ruling, a storm of protest did erupt from various individuals and organizations alongside Monsanto’s howls of indignant outrage. Some have questioned the wisdom of U.S. funding for IARC and Monsanto has perpetuated a false narrative that the chairman of the IARC working group withheld critical information from the team.

The document trail, which includes internal emails, memos and other communications obtained from Monsanto by plaintiffs’ attorneys through litigation pending in the U.S., makes clear that the debate over, and challenge to, IARC’s classification did not sprout authentically from a variety of voices, but rather was manufactured by Monsanto in advance of IARC’s decision and continued afterward. The goals was—and is—to convince regulators to discount the findings of the team of independent scientific experts who made up the IARC team that examined glyphosate.

The internal records obtained through litigation, combined with documents obtained through Freedom of Information Act (FOIA) and state records requests also show that the actions employed to discredit IARC were part of a decades-long pattern of deceptive tactics by Monsanto to persuade regulators, lawmakers and members of the press and public that glyphosate and Roundup are safe. The company has used these tactics multiple times over the years to try to discredit several scientists whose research has found harmful effects associated with glyphosate.

Orchestrate Outcry”

The IARC attack plan, which was laid out in a February 2015 memo, involved not only Monsanto’s internal PR people, scientists and marketing experts, but a range of outside industry players. Various individuals were assigned tasks. The “strategies and tactics” included:

  • “Orchestrate Outcry” with IARC Decision—Industry conducts robust media/social media outreach on process and outcome.
  • “Identify/request third-party experts to blog, op/ed, tweet and/or link, repost, retweet, etc.” The documents show one such “expert,” academic Henry Miller, was provided a draft article to submit to Forbes for publication under his name with no mention of Monsanto’s involvement. Forbes learned of the deceit last month and severed relations with Miller.
  • “Inform/Inoculate/Engage Industry Partners”—Notably the industry partners listed included three organizations that purport to be independent of Monsanto but have long been seen by critics as front groups for the company—Monsanto named Academics Review and the Genetic Literacy Project, both based in the U.S. and Sense About Science. which has run operations in the United Kingdom and the U.S., as groups to help with its mission. In fact, Sense About Science was the group identified by Monsanto to lead the industry response and “provide a platform for IARC observers.” The groups did as Monsanto planned, posting scathing attacks on IARC on their websites.
  • Engagement with Regulatory Agencies—Monsanto planned for grower associations/ growers to “write regulators with an appeal that they remain focused on the science, not the politically charged decision by IARC.”
  • “Push opinion leader letter to key daily newspaper on day of IARC ruling” with assistance of the Potomac Group marketing firm.

The preparedness plan also called for supporting “the development of three new papers on glyphosate focused on epidemiology and toxicology.” As planned, shortly after the IARC decision Monsanto arranged for several scientists—many of them former employees or paid consultants—to author and publish research papers supporting glyphosate safety. It was revealed through discovery documents that Monsanto discussed ghostwriting the papers. In one email, company scientist William Heydens told colleagues the company could “ghost-write” certain reports that would carry the names of outside scientists—”they would just edit & sign their names so to speak,” he wrote. He cited as an example a 2000 study that has been regarded as influential by regulators. Documents show Monsanto’s heavy writing and editing involvement in the resulting purportedly “independent” review.

Monsanto has adamantly denied ghostwriting, but one memo from August 2015 from the files of Monsanto scientist David Saltmiras actually uses that term, stating that he “ghostwrote cancer review paper Greim et al (2015)…” referring to a paper that showed authorship by German scientist Helmut Greim along with Saltmiras. (Monsanto has acknowledged that Greim worked as a consultant to the company with part of his job being to publish peer-reviewed data on glyphosate).

Another internal email illustrates the writing by a Monsanto scientist of a research paper titled “Developmental and Reproductive Outcomes… after Glyphosate Exposure.” The scientist, Donna Farmer, did extensive work, including what she called a “cut and paste” of certain information. But her name was not included as an author before the paper was submitted to a journal. The published version concluded there was “no solid evidence linking glyphosate exposure to adverse developmental or reproductive effects.”

The paper trail of documents also show that Monsanto feared that a U.S. health agency planning to review glyphosate in 2015 might agree with IARC and collaborated with the EPA to successfully block that agency—the Agency for Toxic Substances & Disease Registry (ATSDR)—from doing its review. “We’re trying to do everything we can to keep from having a domestic IARC occur,” a company official wrote. 

The record also shows that well before IARC, Monsanto recruited networks of academic scientists in the U.S and Europe who have defended Monsanto’s products, including its weed killer, without declaring their collaborations with Monsanto. And that these silent soldiers helped Monsanto discredit scientists who reported research showing harm associated with glyphosate and Roundup, including working at Monsanto’s bidding to get one damaging study by French scientist Gilles-Éric Séralini retracted from a scientific journal where it was published in September 2012. The company even discounted concerns by one of its own paid consultants who found evidence of glyphosate’s genotoxicity and refused to do the additional tests he recommended.

If what Monsanto says is true, that glyphosate is so very safe, and that there is no evidence it causes cancer or other health problems, then why all the smoke and mirrors? Why would the company need to ghostwrite research papers to present to regulators? Why would Monsanto need to establish networks of scientists to promote glyphosate safety and to tear down scientists whose research raises concerns? Why would Monsanto try to block a review of glyphosate by the U.S. ATSDR?

Two committees of the European Parliament have scheduled a hearing for Oct. 11 in Brussels to delve into these and other questions as the European Commission faces a looming deadline for making a decision on the re-authorization of glyphosate before the end of 2017.

Lawmakers should take note of evidence that their own food safety agency appears to have dropped the ball on independent assessments of glyphosate research. Records show that the European Food Safety Authority (EFSA) dismissed a study linking Monsanto’s weed killer to cancer at the advice of an EPA official who Monsanto deemed “useful” and who is part of a probe now into possible collusion between the EPA and Monsanto.

They should also pay heed to news that EFSA based its recommendation on glyphosate on a report that copied and pasted analyses from a Monsanto study.

Monsanto Chairman Hugh Grant was invited to address the Parliament meeting in October, but declined to appear or to send anyone else from Monsanto. Dr. Roland Solecki, head of chemical safety for the German Federal Institute for Risk Assessment (BfR), has also declined, according to organizers. I do plan to participate, as will a representative from IARC and several others.

Throughout this debate, it is worthwhile to remember that the concerns about glyphosate safety have deep roots that date all the way back to at least 1985 when EPA toxicologists looked at data showing rare tumors in mice dosed with glyphosate and determined that glyphosate was “possibly carcinogenic to humans.”

Monsanto protests eventually reversed that classification but in light of all of the deceptive tactics recently revealed in documents, the words of an EPA scientist more than 30 years ago are worth considering today: “Glyphosate is suspect… Monsanto’s argument is unacceptable.”

The EPA scientist in that 1985 memo also wrote: “Our viewpoint is one of protecting the public health when we see suspicious data. It is not our job to protect registrants…”

European lawmakers would be wise to recall those words.

This article was originally published in EcoWatch.

Carey Gillam is a veteran reporter and author of Whitewash – The Story of a Weed Killer, Cancer and the Corruption of Science. She is research director for U.S. Right to Know, a nonprofit consumer watchdog group working for truth and transparency in our food system.