Bayer Internal Emails Says Seeks to “Regain Public Trust” Amid Monsanto Mess

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With legal and shareholder pressure mounting, Bayer AG on Thursday was preparing to launch an initiative to “regain public trust” after its acquisition last year of Monsanto Co. brought Bayer thousands of lawsuits filed by cancer victims and damning revelations of corporate deception surrounding years of health concerns about Monsanto’s glyphosate-based Roundup herbicides.

The plan calls for seeking a new alternative for glyphosate, the chemical herbicide introduced by Monsanto in 1974. Monsanto pushed the chemical to such pervasive use that glyphosate is considered the most widely used herbicide in history and residues of the weed killer are commonly found now in food, water, and human urine. Despite Monsanto denials of adverse human health and environmental impacts, scientific studies have tied Monsanto’s glyphosate-based herbicide products to a range of disease and illness and have documented weed resistance problems, pollinator declines, soil degradation and water contamination issues, among other concerns.

According to an email dated June 13 authored by Bayer CEO Werner Baumann, Bayer plans to publish an advertisement on Friday that outlines “an initial set of commitments” pertaining to glyphosate, agriculture and global sustainability. The email was obtained and publicized by Friends of the Earth- Canada and could not immediately be authenticated by US Right to Know.

“Glyphosate will continue to play an important role in agriculture and in our portfolio. But nature is far from one-size-fits-all. With the global success of glyphosate came widespread use, weed resistance, and in some instances unintended misapplication.  Farmers deserve more choice. That’s why we will invest approximately 5 billion Euros in additional methods for combating weeds over the next decade. We are committed to equipping the world’s farmers with the best in agricultural technology and locally informed training on how to use it,” the email states.

The email states that Bayer will be working to “elevate our efforts in transparency…” and sustainability and engagement with shareholders.

“As the new leader in agriculture, we aim to set standards that not only align with the norms of our industries, but push all of us to be better,” the email states.

Bayer shares have dropped 44 percent since it acquired Monsanto last year, shortly before the first of three trial losses to cancer victims claiming exposure to Monsanto’s Roundup caused them to develop non-Hodgkin lymphoma. More than 13,000 people are suing with similar claims and so far juries have awarded more than $2 billion in damages, including punitive damages as punishment for what plaintiffs’ attorneys have characterized as malicious tactics aimed at suppressing scientific evidence that Monsanto’s herbicides can cause cancer.

Beatrice Olivastri, CEO, Friends of the Earth Canada, said that she is skeptical about the sincerity of the effort. “The charm campaign is a waste of shareholder money,” she said. “This seems like more of their same tactics.”

Bayer’s Raymond Kerins,  senior vice president for communications and government, did not respond to a request for comment about the email, but has stated previously that the company’s goal is professional, transparent and honest engagement surrounding the Monsanto issues.

See link to Bayer email here. 

Monsanto, Bayer Struggle to Keep Up with Growing Roundup Cancer Litigation

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Turmoil both in and outside courtrooms appears to be growing for Monsanto, a unit of German owner Bayer AG, as the company works to meet overlapping deadlines for appeal actions in the three Roundup cancer trials Monsanto has lost so far at the same time that the company must prepare for new trials at the end of this summer.

The weight of the litigation burden was laid out by a Monsanto/Bayer attorney in a recent California Court of Appeal filing seeking more time to file a brief in Monsanto’s appeal of the first case it lost last summer.

That plaintiff in that case, Dewayne “Lee” Johnson, was awarded $289 million by a San Francisco jury who determined that Johnson’s non-Hodgkin lymphoma was caused by his exposure to Monsanto’s glyphosate-based herbicides. As part of the $289 million, the jury ordered $250 million in punitive damages after Johnson’s attorneys presented evidence that Monsanto suppressed the evidence of the risks of its herbicides.

The trial judge lowered the damage award to $78 million, and Johnson is cross-appealing to reinstate the full verdict.

Monsanto’s appeal argues, among other things, that if the court refuses to reverse the judgment there should be no punitive damage award at all, even if Johnson is awarded a small amount for compensatory damages.

In the recent filing, Bryan Cave attorney K. Lee Marshall told the court he needs an extension of time to prepare the next brief that is due in the Johnson appeal because of the various deadlines in the multiple cases Monsanto is defending against. He cited post-trial motion deadlines in Pilliod v. Monsanto, in which a jury ordered Monsanto pay more than $2 billion in damages, and deadlines in Hardeman v. Monsanto, in which a jury ordered the company to pay roughly $80 million in damages. Monsanto is seeking to overturn both those verdicts as well.

Last week, Monsanto filed notice in federal court that it – along with insurer Liberty Mutual Insurance Co. – had posted a $100 million bond as it plans to appeal the Hardeman verdict. The company has a July 2 hearing on its request for the trial judge to set aside the verdict and order a new trial.

“In light of the imminent post-trial motion briefing deadlines in Hardeman and Pilliod, I am, and will be, devoting a significant amount of time over the next several weeks to the post-trial motions that challenge the enormous verdicts in those cases. These time-sensitive commitments will substantially impair my ability to devote time to prepare… in this appeal,” Marshall told the court.

As well, he wrote, the Johnson case is “unusually complex and presents numerous complicated issues.” In-house counsel at Bayer wants to review, comment on and edit the reply brief before it is filed, he added.

The Johnson appeal is being handled on an expedited basis due to Johnson’s declining health and terminal cancer diagnosis. Johnson’s attorneys have said they expect oral arguments to be set for the appeals by September or October, with a final ruling expected within 90 days following oral arguments, possibly by Thanksgiving.

If Monsanto loses its bid for a new trial in the Hardeman case the company is expected to file an appeal with the Ninth Circuit Court of Appeals in a process that would likely drag into next spring, attorneys involved in the litigation said.

Meanwhile, the next trial is set to get underway Aug. 19 in St. Louis, the longtime hometown for Monsanto before it was acquired by Bayer in June 2018. The case involves plaintiff Sharlean Gordon, a cancer-stricken woman in her 50s.  The case was filed in July 2017 on behalf of more than 75 plaintiffs and Gordon is the first of that group to go to trial.

More than 13,000 plaintiffs have filed suit against Monsanto in the United States alleging they developed non-Hodgkin lymphoma due to exposure to Monsanto’s glyphosate-based weed killers, such as Roundup.

As the litigation proceeds, Bayer investors grow more restless and many are pushing Bayer to seriously consider a global settlement, sources say. Various analysts put a potential settlement number between $2 billion to $3 billion on the low side, up to $10 billion or slightly more as the high end of a range.

Bayer’s shares have fallen 44 percent since the Johnson verdict was handed down last August.

An internal Bayer email dated June 13 revealed that the company is launching a new marketing effort aimed at distancing itself from Monsanto’s questionable conduct.

The email sent from Bayer CEO Werner Baumann stated: “We are currently facing questions of public trust. This challenge is also an opportunity for us to demonstrate what we stand for. That’s why we are
raising the bar as we are setting off on a journey to elevate our efforts in transparency,
sustainability and how we engage with our stakeholders. As the new leader in agriculture, we
aim to set standards that not only align with the norms of our industries, but push all of us to be
better.”

“Transparency is our foundation. We will evolve our engagement policies that ground all of our
interactions with scientists, journalists, regulators and the political sphere in transparency,
integrity and respect,” the internal Bayer email states.

A Matter of Fact – Professor Refuses to Correct Errors in New Scientific Paper Finding Problems with Glyphosate

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(UPDATED June 5 with comment from Scientific Reports)

The authors of a newly published paper examining the impacts of exposure to the world’s most widely used herbicide declared some shocking news.

The team from Washington State University found that descendants of rats exposed to the chemical glyphosate developed prostate, kidney and ovarian diseases, obesity and birth abnormalities. The findings, published in April in the scientific journal Scientific Reports, added to the global debate about the safety of glyphosate and Monsanto’s Roundup and other glyphosate-based weed killers.

But perhaps more stunning than that news, the research team also stated in their paper that the International Agency for Research on Cancer (IARC), a specialist scientific arm of the World Health Organization, had “retracted” its finding that glyphosate was a probable human carcinogen.

The error is one of many in the paper reported to the authors over a month ago that has yet to be corrected. But none, perhaps, is more glaring than the one about IARC.

IARC had issued a lengthy paper in 2015 that concluded by classifying glyphosate as a 2A human carcinogen. That IARC classification sparked thousands of lawsuits against Monsanto, the longtime purveyor of Roundup and other glyphosate herbicides and fueled debate around the globe. The IARC classification also helped prompt many European countries to start moving to limit or ban glyphosate use. Cities, school districts and retailers across the United States have also stopped using or selling glyphosate products. Monsanto’s German owner Bayer AG has lost 40 percent of its shareholder value due to the persistent concerns about Monsanto’s glyphosate herbicides.

But according to the WSU team, the IARC classification that triggered it all was retracted in 2016. They wrote:

“In March 2015 the International Agency of Research on Cancer classified glyphosate as a Grade 2a carcinogen based on prevalence of liver and kidney tumors in chronic feeding studies. Shortly after, this statement was retracted in 2016.”

A retraction by IARC of its finding would be highly significant. Indeed, Monsanto in 2015 did seek a retraction but IARC has defended its work, as have numerous independent scientists from multiple countries. And notably, IARC has never retracted its finding of glyphosate as a 2A probable carcinogen.

“The classification has not been changed and is still valid,” said IARC spokeswoman Veronique Terrasse.

The Washington State research team was led by Michael Skinner, professor of the WSU School of Biological Sciences. Seemingly the error would be easy to correct. But when contacted about the error, Skinner said he had no intention of correcting the statement because no correction was needed. He said that he has told scientists who have raised the issue with him to write a letter to the editor of the journal.

“The Definition of Retract includes to “Draw or be drawn back or back in” or “withdraw or go back” or “reconsider or drawn back”, so this is why the word was used in this context,” Skinner said in an emailed response.

Scientific Reports is part of Nature, a weekly international journal that bills itself as “publishing the finest peer-reviewed research in all fields of science and technology…”

A spokesperson for Scientific Reports, said: “When any issues are raised with Scientific Reports about papers we have published, we investigate them carefully and we will take action where appropriate.”

He pointed out that Scientific Reports is an online, open-access journal in the “Nature Research family of journals” but is editorially independent of Nature.

Several outside scientists have identified other factual errors in the paper, and said they threaten to undermine the credibility of the findings overall.

“This is supposed to be picked up by the peer review,” said Chuck Benbrook, an agricultural economist and glyphosate expert whose own scientific research was cited incorrectly by the Skinner team in their paper. Benbrook contacted Skinner in April immediately after the paper was published laying out several errors that need correcting. Benbrook noted that all of the problems he is aware of were in the introduction to the paper and had nothing to do with the scientific conclusions.

“Why he didn’t quickly correct the factual errors… is hard to understand,” said Benbrook.

Among the other factual errors:

*The paper stated that glyphosate accounts for nearly 72 percent of global pesticide usage, citing Benbrook’s research. Benbrook’s research does not say that, but says that 72 percent of glyphosate sprayed globally has been applied in the last decade.

* The Skinner paper states that IARC’s classification of glyphosate was based on the prevalence of liver and kidney tumors in chronic feeding studies. In fact, the IARC classification, as detailed in IARC’s paper, states the classification was based on data from animal studies, epidemiology studies, and “strong evidence” of genotoxic mechanisms of action.

* As well, the paper cited in a footnote a paper that contradicted IARC’s finding of glyphosate as a probable carcinogen that was exposed nearly two years ago as the ghost-written work of Monsanto scientists. Skinner’s paper did not note that this paper, titled  “Genotoxicity Expert Panel review: weight of evidence evaluation of the genotoxicity of glyphosate, glyphosate-based formulations, and aminomethylphosphonic acid,” was so problematic for its lack of disclosure of Monsanto’s involvement that the journal that published it – Critical Reviews in Toxicology – issued an “expression of concern” and a correction statement.

Skinner’s research was supported by a grant from the John Templeton Foundation. He and his colleagues exposed pregnant rats to glyphosate between their eighth and 14th days of gestation. The dose, which they said was half the amount expected to show no adverse effect, produced no apparent ill effects on either the parents or the first generation of offspring. But the researchers saw dramatic increases in “several pathologies affecting the second and third generations,” according to a press release promoting the study.

The study has garnered quite a bit of attention. Several news outlets have reported on the study, quoting Skinner. Bayer AG, the German company that bought Monsanto last year, has said Skinner’s study is not credible. But Skinner has defended the accuracy of the study, citing the fact it was peer-reviewed and published in an accredited scientific journal.

(Article first appeared 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. Follow her on Twitter at @careygillam.

International Life Sciences Institute (ILSI) is a Food Industry Lobby Group

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The International Life Sciences Institute (ILSI) is a corporate-funded nonprofit organization based in Washington DC, with 17 affiliated chapters around the world. ILSI describes itself as a group that conducts “science for the public good” and “improves human health and well-being and safeguards the environment.” However, investigations by academics, journalists and public interest researchers show that ILSI is a lobby group that protects the interests of the food industry, not public health.

ILSI background and funding

ILSI was founded in 1978 by Alex Malaspina, a former senior vice president at Coca-Cola who worked for Coke from 1969-2001. Coca-Cola has kept close ties with ILSI. Michael Ernest Knowles, Coca-Cola’s VP of global scientific and regulatory affairs from 2008–2013, was president of ILSI from 2009-2011. In 2015, ILSI’s president was Rhona Applebaum, who retired from her job as Coca-Cola’s chief health and science officer (and from ILSI) in 2015 after the New York Times and Associated Press reported that Coke funded the nonprofit Global Energy Balance Network to help shift blame for obesity away from sugary drinks.  

Emails obtained by U.S. Right to Know and reported in a 2016 study revealed that Coke proposed and financed the Global Energy Balance Network as a “weapon” in the “growing war between the pubic health community and private industry” over obesity and the obesity epidemic. 

ILSI is funded by its corporate members and company supporters, including leading food and chemical companies such as Coca-Cola, BASF, Bayer, DuPont, Syngenta, Mars, McDonalds, chemical industry trade groups, and many others. In its annual report, ILSI and its branches reported $17,481,251 in expenses for 2017 but did not disclose specific donor information. 

U.S. Right to Know obtained a document via a state freedom of information request showing corporate contributions to ILSI Global amounting to  $2.4 million in 2012. The largest donations were $500,000 from Monsanto and over $500,000 from the pesticide industry trade group, Crop Life International. ILSI’s draft 2013 IRS tax returns show $337,000 in donations from Coca-Cola and over $650,000 from six agrichemical companies, BASF, Bayer, Dow, Monsanto, Pioneer Hi Bred and Syngenta. 

Emails show how ILSI seeks to influence policy to promote industry views 

A June 2019 paper in Globalization and Health provides several examples of how ILSI advances the interests of the food industry, especially by promoting industry-friendly science and arguments to policymakers. The study is based on documents obtained by U.S. Right to Know via state public records laws.  

The researchers concluded: “ILSI seeks to influence individuals, positions, and policy, both nationally and internationally, and its corporate members deploy it as a tool to promote their interests globally. Our analysis of ILSI serves as a caution to those involved in global health governance to be wary of putatively independent research groups, and to practice due diligence before relying upon their funded studies and/or engaging in relationship with such groups.”   

As one example, the paper quotes an email from Alex Malaspina, the former Coca-Cola executive who founded ILSI, lamenting the failure of ILSI Mexico to follow the industry position on soda taxes. Malaspina describes “the mess ILSI Mexico is in because they sponsored in September a sweeteners conference when the subject of soft drinks taxation was discussed. ILSI is now suspending ILSI Mexico, until they correct their ways. A real mess.” 

ILSI undermined obesity fight in China

In January 2019, two papers by Harvard Professor Susan Greenhalgh revealed ILSI’s powerful influence on the Chinese government on issues related to obesity. The papers document how Coca-Cola and other corporations worked through the China branch of ILSI to influence decades of Chinese science and public policy on obesity and diet-related illnesses such as Type 2 diabetes and hypertension. Read the papers:

ILSI is so well-placed in China that it operates from inside the government’s Centre for Disease Control and Prevention in Beijing.

Professor Geenhalgh’s papers document how Coca-Cola and other Western food and beverage giants “helped shape decades of Chinese science and public policy on obesity and diet-related diseases” by operating through ILSI to cultivate key Chinese officials “in an effort to stave off the growing movement for food regulation and soda taxes that has been sweeping the west,” the New York Times reported.  

Additional academic research from U.S. Right to Know about ILSI 

The UCSF Tobacco Industry Documents Archive has over 6,800 documents pertaining to ILSI.  

ILSI sugar study “right out of the tobacco industry’s playbook”

Public health experts denounced an ILSI-funded sugar study published in a prominent medical journal in 2016 that was a “scathing attack on global health advice to eat less sugar,” reported Anahad O’Connor in The New York Times. The ILSI-funded study argued that warnings to cut sugar are based on weak evidence and cannot be trusted.  

The Times story quoted Marion Nestle, a professor at New York University who studies conflicts of interest in nutrition research, on the ILSI study: “This comes right out of the tobacco industry’s playbook: cast doubt on the science,” Nestle said. “This is a classic example of how industry funding biases opinion. It’s shameful.” 

Tobacco companies used ILSI to thwart tobacco policies 

A July 2000 report by an independent committee of the World Health Organization outlined a number of ways in which the tobacco industry attempted to undermine WHO tobacco control efforts, including using scientific groups to influence WHO’s decision-making and to manipulate scientific debate surrounding the health effects of tobacco. ILSI played a key role in these efforts, according to a case study on ILSI that accompanied the report. Findings indicate that ILSI was used by certain tobacco companies to thwart tobacco control policies. Senior office bearers in ILSI were directly involved in these actions,” according to the case study. See: 

The UCSF Tobacco Industry Documents Archive has more than 6,800 documents pertaining to ILSI

ILSI leaders played key role in defending glyphosate as chairs of JMPR panel 

In May 2016, ILSI came under scrutiny after revelations that the vice president of ILSI Europe, Professor Alan Boobis, was also chairman of a UN panel that found Monsanto’s chemical glyphosate was unlikely to pose a cancer risk through diet. The co-chair of the UN Joint Meeting on Pesticide Residues (JMPR), Professor Angelo Moretto, was a board member of ILSI’s Health and Environment Services Institute. Neither of the JMPR chairs declared their ILSI leadership roles as conflicts of interest, despite the significant financial contributions ILSI has received from Monsanto and the pesticide industry trade group. See: 

ILSI’s cozy ties at U.S. Centers for Disease Control and Prevention  

In June 2016, U.S. Right to Know reported that Dr. Barbara Bowman, director of a CDC division charged with preventing heart disease and stroke, tried to help ILSI’s founder Alex Malaspina influence World Health Organization officials to back off policies to reduce sugar consumption. Bowman suggested people and groups for Malaspina to talk to, and solicited his comments on some CDC summaries of reports, the emails show. (Bowman stepped down after our first article was published reporting on these ties.)

This January 2019 study in the Milbank Quarterly describes key emails of Malaspina cozying up to Dr. Bowman. For more reporting on this topic, see: 

ILSI influence in India 

ILSI has close ties to some Indian government officials and, as in China, the nonprofit has pushed similar messaging and policy proposals as Coca-Cola – downplaying the role of sugar and diet as a cause of obesity, and promoting increased physical activity as the solution, according to the India Resource Center. 

Members of ILSI India’s board of trustees include Coca-Cola India’s director of regulatory affairs and representatives from Nestlé and Ajinomoto, a food additive company, along with government officials who serve on scientific panels that are tasked with deciding about food safety issues.  

Longstanding concerns about ILSI 

ILSI insists it is not an industry lobby group, but concerns and complaints are longstanding about the group’s pro-industry stances and conflicts of interest among the organization’s leaders. See, for example:

Food agency denies conflict-of-interest claim. But accusations of industry ties may taint European body’s reputation, Nature (2010)

Big Food Vs. Tim Noakes: The Final Crusade, Keep Fitness Legal, by Russ Greene (1.5.17) 

Real Food on Trial, by Dr. Tim Noakes and Marika Sboros (Columbus Publishing 2019). The book describes “the unprecedented prosecution and persecution of Professor Tim Noakes, a distinguished scientist and medical doctor, in a multimillion rand case that stretched over more than four years. All for a single tweet giving his opinion on nutrition.”

Aspartame: Decades of Science Point to Serious Health Risks

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Long History of Concerns
Key Scientific Studies on Aspartame
Industry PR Efforts
Scientific References

Key Facts About Diet Soda Chemical 

What is Aspartame?

  • Aspartame is the world’s most widely used artificial sweetener. It is also marketed as NutraSweet, Equal, Sugar Twin and AminoSweet.
  • Aspartame is present in more than 6,000 products, including Diet Coke and Diet Pepsi, Kool Aid, Crystal Light, Tango and other artificially sweetened drinks; sugar-free Jell-O products; Trident, Dentyne and most other brands of sugar-free gum; sugar-free hard candies; low- or no-sugar sweet condiments such as ketchups and dressings; children’s medicines, vitamins and cough drops.
  • Aspartame is a synthetic chemical composed of the amino acids phenylalanine and aspartic acid, with a methyl ester. When consumed, the methyl ester breaks down into methanol, which may be converted into formaldehyde.

Decades of Studies Raise Concerns about Aspartame

Since aspartame was first approved in 1974, both FDA scientists and independent scientists have raised concerns about possible health effects and shortcomings in the science submitted to the FDA by the manufacturer, G.D. Searle. (Monsanto bought Searle in 1984).

In 1987, UPI published a series of investigative articles by Gregory Gordon reporting on these concerns, including early studies linking aspartame to health problems, the poor quality of industry-funded research that led to its approval, and the revolving-door relationships between FDA officials and the food industry. Gordon’s series is an invaluable resource for anyone seeking to understand the history of aspartame/NutraSweet:

Health Effects and Key Studies on Aspartame 

While many studies, some of them industry sponsored, have reported no problems with aspartame, dozens of independent studies conducted over decades have linked aspartame to a long list of health problems, including:

Cancer

In the most comprehensive cancer research to date on aspartame, three lifespan studies conducted by the Cesare Maltoni Cancer Research Center of the Ramazzini Institute, provide consistent evidence of carcinogenicity in rodents exposed to the substance.

  • Aspartame “is a multipotential carcinogenic agent, even at a daily dose of … much less than the current acceptable daily intake,” according to a 2006 lifespan rat study in Environmental Health Perspectives.1
  • A follow-up study in 2007 found significant dose-related increases in malignant tumors in some of the rats. “The results … confirm and reinforce the first experimental demonstration of [aspartame’s] multipotential carcinogenicity at a dose level close to the acceptable daily intake for humans … when life-span exposure begins during fetal life, its carcinogenic effects are increased,” the researchers wrote in Environmental Health Perspectives.2
  • The results of a 2010 lifespan study “confirm that [aspartame] is a carcinogenic agent in multiple sites in rodents, and that this effect is induced in two species, rats (males and females) and mice (males),” the researchers reported in American Journal of Industrial Medicine.3

Harvard researchers in 2012 reported a positive association between aspartame intake and increased risk of non-Hodgkin lymphoma and multiple myeloma in men, and for leukemia in men and women. The findings “preserve the possibility of a detrimental effect … on select cancers” but “do not permit the ruling out of chance as an explanation,” the researchers wrote in the American Journal of Clinical Nutrition.4

In a 2014 commentary in American Journal of Industrial Medicine, the Maltoni Center researchers wrote that the studies submitted by G. D. Searle for market approval “do not provide adequate scientific support for [aspartame’s] safety. In contrast, recent results of life-span carcinogenicity bioassays on rats and mice published in peer-reviewed journals, and a prospective epidemiological study, provide consistent evidence of [aspartame’s] carcinogenic potential. On the basis of the evidence of the potential carcinogenic effects … a re-evaluation of the current position of international regulatory agencies must be considered an urgent matter of public health.”5

Brain Tumors

In 1996, researchers reported in the Journal of Neuropathology & Experimental Neurology on epidemiological evidence connecting the introduction of aspartame to an increase in an aggressive type of malignant brain tumors. “Compared to other environmental factors putatively linked to brain tumors, the artificial sweetener aspartame is a promising candidate to explain the recent increase in incidence and degree of malignancy of brain tumors … We conclude that there is need for reassessing the carcinogenic potential of aspartame.”6

  • Neuroscientist Dr. John Olney, lead author of the study, told 60 minutes in 1996: “there has been a striking increase in the incidence of malignant brain tumors (in the three to five years following the approval of aspartame) … there is enough basis to suspect aspartame that it needs to be reassessed. FDA needs to reassess it, and this time around, FDA should do it right.”

Early studies on aspartame in the 1970s found evidence of brain tumors in laboratory animals, but those studies were not followed up.

Cardiovascular Disease 

A 2017 meta-analysis of research on artificial sweeteners, published in the Canadian Medical Association Journal, found no clear evidence of weight loss benefits for artificial sweeteners in randomized clinical trials, and reported that cohort studies associate artificial sweeteners with “increases in weight and waist circumference, and higher incidence of obesity, hypertension, metabolic syndrome, type 2 diabetes and cardiovascular events.”7 See also:

  • “Artificial sweeteners don’t help with weight loss and may lead to gained pounds,” by Catherine Caruso, STAT (7.17.2017)
  • “Why one cardiologist has drunk his last diet soda,” by Harlan Krumholz, Wall Street Journal (9.14.2017)
  • “This cardiologist wants his family to cut back on diet soda. Should yours, too?” by David Becker, M.D., Philly Inquirer (9.12.2017)

 A 2016 paper in Physiology & Behavior reported, “there is a striking congruence between results from animal research and a number of large-scale, long-term observational studies in humans, in finding significantly increased weight gain, adiposity, incidence of obesity, cardiometabolic risk, and even total mortality among individuals with chronic, daily exposure to low-calorie sweeteners – and these results are troubling.”8

Women who consumed more than two diet drinks per day “had a higher risk of [cardiovascular disease] events … [cardiovascular disease] mortality … and overall mortality,” according to a 2014 study from the Women’s Health Initiative published in the Journal of General Internal Medicine.9

Stroke, Dementia and Alzheimer’s Disease

People drinking diet soda daily were almost three times as likely to develop stroke and dementia as those who consumed it weekly or less. This included a higher risk of ischemic stroke, where blood vessels in the brain become obstructed, and Alzheimer’s disease dementia, the most common form of dementia, reported a 2017 study in Stroke.10

In the body, the methyl ester in aspartame metabolizes into methanol and then it may be converted to formaldehyde, which has been linked to Alzheimer’s disease. A two-part study published in 2014 in the Journal of Alzheimer’s Disease linked chronic methanol exposure to memory loss and Alzheimer’s Disease symptoms in mice and monkeys.

  • “[M]ethanol-fed mice presented with partial AD-like symptoms … These findings add to a growing body of evidence that links formaldehyde to [Alzheimer’s disease] pathology.” (Part 1)11
  • “[M]ethanol feeding caused long-lasting and persistent pathological changes that were related to [Alzheimer’s disease] … these findings support a growing body of evidence that links methanol and its metabolite formaldehyde to [Alzheimer’s disease] pathology.” (Part 2)12

Seizures

“Aspartame appears to exacerbate the amount of EEG spike wave in children with absence seizures. Further studies are needed to establish if this effect occurs at lower doses and in other seizure types,” according to a 1992 study in Neurology.13

Aspartame “has seizure-promoting activity in animal models that are widely used to identify compounds affecting … seizure incidence,” according to a 1987 study in Environmental Health Perspectives.14

Very high aspartame doses “might also affect the likelihood of seizures in symptomless but susceptible people,” according to a 1985 study in The Lancet. The study describes three previously healthy adults who had grand mal seizures during periods when they were consuming high doses of aspartame.15

Neurotoxicity, Brain Damage and Mood Disorders

Aspartame has been linked to behavioral and cognitive problems including learning problems, headache, seizure, migraines, irritable moods, anxiety, depression, and insomnia, wrote the researchers of a 2017 study in Nutritional Neuroscience. “Aspartame consumption needs to be approached with caution due to the possible effects on neurobehavioral health.”16

“Oral aspartame significantly altered behavior, anti-oxidant status and morphology of the hippocampus in mice; also, it may probably trigger hippocampal adult neurogenesis,” reported a 2016 study in Neurobiology of Learning and Memory.17 

“Previously, it has been reported that consumption of aspartame could cause neurological and behavioural disturbances in sensitive individuals. Headaches, insomnia and seizures are also some of the neurological effects that have been encountered,” according to a 2008 study in the European Journal of Clinical Nutrition. “[W]e propose that excessive aspartame ingestion might be involved in the pathogenesis of certain mental disorders … and also in compromised learning and emotional functioning.”18 

“(N)eurological symptoms, including learning and memory processes, may be related to the high or toxic concentrations of the sweetener [aspartame] metabolites,” states a 2006 study in Pharmacological Research.19

Aspartame “could impair memory retention and damage hypothalamic neurons in adult mice,” according to a 2000 mice study published in Toxicology Letters.20

“(I)ndividuals with mood disorders are particularly sensitive to this artificial sweetener and its use in this population should be discouraged,” according to a 1993 study in the Journal of Biological Psychiatry.21

High doses of aspartame “can generate major neurochemical changes in rats,” reported a 1984 study in American Journal of Clinical Nutrition.22

Experiments indicated brain damage in infant mice following oral intake of aspartate, and showing that “aspartate [is] toxic to the infant mouse at relatively low levels of oral intake,” reported a 1970 study in Nature.23

Headaches and Migraines

“Aspartame, a popular dietetic sweetener, may provoke headache in some susceptible individuals. Herein, we describe three cases of young women with migraine who reported their headaches could be provoked by chewing sugarless gum containing aspartame,” according to a 1997 paper in Headache Journal.24

A crossover trial comparing aspartame and a placebo published in 1994 in Neurology, “provides evidence that, among individuals with self-reported headaches after ingestion of aspartame, a subset of this group report more headaches when tested under controlled conditions. It appears that some people are particularly susceptible to headaches caused by aspartame and may want to limit their consumption.”25

A survey of 171 patients at the Montefiore Medical Center Headache Unit found that patients with migraine “reported aspartame as a precipitant three times more often than those having other types of headache … We conclude aspartame may be an important dietary trigger of headache in some people,” 1989 study in Headache Journal.26

A crossover trial comparing aspartame and a placebo on the frequency and intensity of migraines “indicated that the ingestion of aspartame by migraineurs caused a significant increase in headache frequency for some subjects,” reported a 1988 study in Headache Journal.27

Kidney Function Decline

Consumption of more than two servings a day of artificially sweetened soda “is associated with a 2-fold increased odds for kidney function decline in women,” according to a 2011 study in the Clinical Journal of American Society of Nephrology.28

Weight Gain, Increased Appetite and Obesity Related Problems

Several studies link aspartame to weight gain, increased appetite, diabetes, metabolic derangement and obesity-related diseases. See our fact sheet: Diet Soda Chemical Tied to Weight Gain.

This science linking aspartame to weight gain and obesity-related diseases raises questions about the legality of marketing aspartame-containing products as “diet” or weight loss aids. In 2015, USRTK petitioned the Federal Trade Commission and FDA to investigate the marketing and advertising practices of “diet” products that contain a chemical linked to weight gain. See related news coverage, response from FTC, and response from FDA.

Diabetes and Metabolic Derangement

Aspartame breaks down in part into phenylalanine, which interferes with the action of an enzyme intestinal alkaline phosphatase (IAP) previously shown to prevent metabolic syndrome (a group of symptoms associated with type 2 diabetes and cardiovascular disease) according to a 2017 study in Applied Physiology, Nutrition and Metabolism. In this study, mice receiving aspartame in their drinking water gained more weight and developed other symptoms of metabolic syndrome than animals fed similar diets lacking aspartame. The study concludes, “IAP’s protective effects in regard to the metabolic syndrome may be inhibited by phenylalanine, a metabolite of aspartame, perhaps explaining the lack of expected weight loss and metabolic improvements associated with diet drinks.”29

People who regularly consume artificial sweeteners are at increased risk of “excessive weight gain, metabolic syndrome, type 2 diabetes, and cardiovascular disease,” according to a 2013 Purdue review over 40 years published in Trends in Endocrinology & Metabolism.30

In a study that followed 66,118 women over 14 years, both sugar-sweetened beverages and artificially sweetened beverages were associated with risk of Type 2 diabetes. “Strong positive trends in T2D risk were also observed across quartiles of consumption for both types of beverage … No association was observed for 100% fruit juice consumption,” reported the 2013 study published in American Journal of Clinical Nutrition.31

Intestinal Dysbiosis, Metabolic Derangement and Obesity

Artificial sweeteners can induce glucose intolerance by altering the gut microbiota, according to a 2014 study in Nature. The researchers wrote, “our results link NAS [non-caloric artificial sweetener] consumption, dysbiosis and metabolic abnormalities, thereby calling for a reassessment of massive NAS usage … Our findings suggest that NAS may have directly contributed to enhancing the exact epidemic [obesity] that they themselves were intended to fight.”32

A 2016 study in Applied Physiology Nutrition and Metabolism reported, “Aspartame intake significantly influenced the association between body mass index (BMI) and glucose tolerance… consumption of aspartame is associated with greater obesity-related impairments in glucose tolerance.”33

According to a 2014 rat study in PLOS ONE, “aspartame elevated fasting glucose levels and an insulin tolerance test showed aspartame to impair insulin-stimulated glucose disposal … Fecal analysis of gut bacterial composition showed aspartame to increase total bacteria…”34

 Pregnancy Abnormalities: Pre Term Birth 

According to a 2010 cohort study of 59,334 Danish pregnant women published in the American Journal of Clinical Nutrition, “There was an association between intake of artificially sweetened carbonated and noncarbonated soft drinks and an increased risk of preterm delivery.” The study concluded, “Daily intake of artificially sweetened soft drinks may increase the risk of preterm delivery.”35

  • See also: “Downing Diet Soda Tied to Premature Birth,” by Anne Harding, Reuters (7.23.2010)

Overweight Babies

Artificially sweetened beverage consumption during pregnancy is linked to higher body mass index for babies, according to a 2016 study in JAMA Pediatrics. “To our knowledge, we provide the first human evidence that maternal consumption of artificial sweeteners during pregnancy may influence infant BMI,” the researchers wrote.36

Early Menarche

The National Heart, Lung, and Blood Institute Growth and Health Study followed 1988 girls for 10 years to examine prospective associations between consumption of caffeinated and noncaffeinated sugar- and artificially sweetened soft drinks and early menarche. “Consumption of caffeinated and artificially sweetened soft drinks was positively associated with risk of early menarche in a US cohort of African American and Caucasian girls,” concluded the study published in 2015 in Journal of American Clinical Nutrition.37

Sperm Damage

“A significant decrease in sperm function of aspartame treated animals was observed when compared with the control and MTX control,” according to a 2017 study in the International Journal of Impotence Research. “… These findings demonstrate that aspartame metabolites could be a contributing factor for development of oxidative stress in the epididymal sperm.”38

Liver Damage and Glutathione Depletion

A mouse study published in 2017 in Redox Biology reported, “Chronic administration of aspartame … caused liver injury as well as marked decreased hepatic levels of reduced glutathione, oxidized glutathione, γ-glutamylcysteine, and most metabolites of the trans-sulphuration pathway…”39

A rat study published in 2017 in Nutrition Research found that, “Subchronic intake of soft drink or aspartame substantially induced hyperglycemia and hypertriacylglycerolemia… Several cytoarchitecture alterations were detected in the liver, including degeneration, infiltration, necrosis, and fibrosis, predominantly with aspartame. These data suggest that long-term intake of soft drink or aspartame-induced hepatic damage may be mediated by the induction of hyperglycemia, lipid accumulation, and oxidative stress with the involvement of adipocytokines.”40

Caution for Vulnerable Populations

A 2016 literature review on artificial sweeteners in the Indian Journal of Pharmacology reported, “there is inconclusive evidence to support most of their uses and some recent studies even hint that these earlier established benefits … might not be true.” Susceptible populations such as pregnant and lactating women, children, diabetics, migraine, and epilepsy patients “should use these products with utmost caution.”41

Industry PR Efforts and Front Groups 

From the start, G.D. Searle (later Monsanto and the NutraSweet Company) deployed aggressive PR tactics to market aspartame as a safe product. In October 1987, Gregory Gordon reported in UPI:

“The NutraSweet Co. also has paid up to $3 million a year for a 100-person public relations effort by the Chicago offices of Burson Marsteller, a former employee of the New York PR firm said. The employee said Burson Marsteller has hired numerous scientists and physicians, often at $1,000 a day, to defend the sweetener in media interviews and other public forums. Burson Marsteller declines to discuss such matters.”

Recent reporting based on internal industry documents reveals how beverage companies such as Coca-Cola also pay third party messengers, including doctors and scientists, to promote their products and shift the blame when science ties their products to serious health problems.

See reporting by Anahad O’Connor in the New York Times, Candice Choi in the Associated Press, and findings from the USRTK investigation about sugar industry propaganda and lobbying campaigns.

News articles about soda industry PR campaigns:

Overview news stories about aspartame:

USRTK Fact Sheets

Reports on Front Groups and PR Campaigns

Scientific References

[1] Soffritti M, Belpoggi F, Degli Esposti D, Lambertini L, Tibaldi E, Rigano A. “First experimental demonstration of the multipotential carcinogenic effects of aspartame administered in the feed to Sprague-Dawley rats.” Environ Health Perspect. 2006 Mar;114(3):379-85. PMID: 16507461. (article)

[2] Soffritti M, Belpoggi F, Tibaldi E, Esposti DD, Lauriola M. “Life-span exposure to low doses of aspartame beginning during prenatal life increases cancer effects in rats.” Environ Health Perspect. 2007 Sep;115(9):1293-7. PMID: 17805418. (article)

[3] Soffritti M et al. “Aspartame administered in feed, beginning prenatally through life span, induces cancers of the liver and lung in male Swiss mice.” Am J Ind Med. 2010 Dec; 53(12):1197-206. PMID: 20886530. (abstract / article)

[4] Schernhammer ES, Bertrand KA, Birmann BM, Sampson L, Willett WC, Feskanich D., “Consumption of artificial sweetener– and sugar-containing soda and risk of lymphoma and leukemia in men and women.” Am J Clin Nutr. 2012 Dec;96(6):1419-28. PMID: 23097267. (abstract / article)

[5] Soffritti M1, Padovani M, Tibaldi E, Falcioni L, Manservisi F, Belpoggi F., “The carcinogenic effects of aspartame: The urgent need for regulatory re-evaluation.” Am J Ind Med. 2014 Apr;57(4):383-97. doi: 10.1002/ajim.22296. Epub 2014 Jan 16. (abstract / article)

[6] Olney JW, Farber NB, Spitznagel E, Robins LN. “Increasing brain tumor rates: is there a link to aspartame?” J Neuropathol Exp Neurol. 1996 Nov;55(11):1115-23. PMID: 8939194. (abstract)

[7] Azad, Meghan B., et al. Nonnutritive sweeteners and cardiometabolic health: a systematic review and meta-analysis of randomized controlled trials and prospective cohort studies. CMAJ July 17, 2017 vol. 189 no. 28 doi: 10.1503/cmaj.161390 (abstract / article)

[8] Fowler SP. Low-calorie sweetener use and energy balance: Results from experimental studies in animals, and large-scale prospective studies in humans. Physiol Behav. 2016 Oct 1;164(Pt B):517-23. doi: 10.1016/j.physbeh.2016.04.047. Epub 2016 Apr 26. (abstract)

[9] Vyas A et al. “Diet Drink Consumption And The Risk of Cardiovascular Events: A Report from The Women’s Health Initiative.” J Gen Intern Med. 2015 Apr;30(4):462-8. doi: 10.1007/s11606-014-3098-0. Epub 2014 Dec 17. (abstract / article)

[10] Matthew P. Pase, PhD; Jayandra J. Himali, PhD; Alexa S. Beiser, PhD; Hugo J. Aparicio, MD; Claudia L. Satizabal, PhD; Ramachandran S. Vasan, MD; Sudha Seshadri, MD; Paul F. Jacques, DSc. “Sugar and Artificially Sweetened Beverages and the Risks of Incident Stroke and Dementia. A Prospective Cohort Study.” Stroke. 2017 April; STROKEAHA.116.016027 (abstract / article)

[11] Yang M et al. “Alzheimer’s Disease and Methanol Toxicity (Part 1): Chronic Methanol Feeding Led to Memory Impairments and Tau Hyperphosphorylation in Mice.” J Alzheimers Dis. 2014 Apr 30. (abstract)

[12] Yang M et al. “Alzheimer’s Disease and Methanol Toxicity (Part 2): Lessons from Four Rhesus Macaques (Macaca mulatta) Chronically Fed Methanol.” J Alzheimers Dis. 2014 Apr 30. (abstract)

[13] Camfield PR, Camfield CS, Dooley JM, Gordon K, Jollymore S, Weaver DF. “Aspartame exacerbates EEG spike-wave discharge in children with generalized absence epilepsy: a double-blind controlled study.” Neurology. 1992 May;42(5):1000-3. PMID: 1579221. (abstract)

[14] Maher TJ, Wurtman RJ. “Possible neurologic effects of aspartame, a widely used food additive.” Environ Health Perspect. 1987 Nov; 75:53-7. PMID: 3319565. (abstract / article)

[15] Wurtman RJ. “Aspartame: possible effect on seizure susceptibility.” Lancet. 1985 Nov 9;2(8463):1060. PMID: 2865529. (abstract)

[16] Choudhary AK, Lee YY. “Neurophysiological symptoms and aspartame: What is the connection?” Nutr Neurosci. 2017 Feb 15:1-11. doi: 10.1080/1028415X.2017.1288340. (abstract)

[17] Onaolapo AY, Onaolapo OJ, Nwoha PU. “Aspartame and the hippocampus: Revealing a bi-directional, dose/time-dependent behavioural and morphological shift in mice.” Neurobiol Learn Mem. 2017 Mar;139:76-88. doi: 10.1016/j.nlm.2016.12.021. Epub 2016 Dec 31. (abstract)

[18] Humphries P, Pretorius E, Naudé H. “Direct and indirect cellular effects of aspartame on the brain.” Eur J Clin Nutr. 2008 Apr;62(4):451-62. (abstract / article)

[19] Tsakiris S, Giannoulia-Karantana A, Simintzi I, Schulpis KH. “The effect of aspartame metabolites on human erythrocyte membrane acetylcholinesterase activity.” Pharmacol Res. 2006 Jan;53(1):1-5. PMID: 16129618. (abstract)

[20] Park CH et al. “Glutamate and aspartate impair memory retention and damage hypothalamic neurons in adult mice.” Toxicol Lett. 2000 May 19;115(2):117-25. PMID: 10802387. (abstract)

[21] Walton RG, Hudak R, Green-Waite R. “Adverse reactions to aspartame: double-blind challenge in patients from a vulnerable population.” J. Biol Psychiatry. 1993 Jul 1-15;34(1-2):13-7. PMID: 8373935. (abstract / article)

[22] Yokogoshi H, Roberts CH, Caballero B, Wurtman RJ. “Effects of aspartame and glucose administration on brain and plasma levels of large neutral amino acids and brain 5-hydroxyindoles.” Am J Clin Nutr. 1984 Jul;40(1):1-7. PMID: 6204522. (abstract)

[23] Olney JW, Ho OL. “Brain Damage in Infant Mice Following Oral Intake of Glutamate, Aspartate or Cysteine.” Nature. 1970 Aug 8;227(5258):609-11. PMID: 5464249. (abstract)

[24] Blumenthal HJ, Vance DA. “Chewing gum headaches.” Headache. 1997 Nov-Dec; 37(10):665-6. PMID: 9439090. (abstract/article)

[25] Van den Eeden SK, Koepsell TD, Longstreth WT Jr, van Belle G, Daling JR, McKnight B. “Aspartame ingestion and headaches: a randomized crossover trial.” Neurology. 1994 Oct;44(10):1787-93. PMID: 7936222. (abstract)

[26] Lipton RB, Newman LC, Cohen JS, Solomon S. “Aspartame as a dietary trigger of headache.” Headache. 1989 Feb;29(2):90-2. PMID: 2708042. (abstract)

[27] Koehler SM, Glaros A. “The effect of aspartame on migraine headache.” Headache. 1988 Feb;28(1):10-4. PMID: 3277925. (abstract)

[28] Julie Lin and Gary C. Curhan. “Associations of Sugar and Artificially Sweetened Soda with Albuminuria and Kidney Function Decline in Women.” Clin J Am Soc Nephrol. 2011 Jan; 6(1): 160–166. (abstract / article)

[29] Gul SS, Hamilton AR, Munoz AR, Phupitakphol T, Liu W, Hyoju SK, Economopoulos KP, Morrison S, Hu D, Zhang W, Gharedaghi MH, Huo H, Hamarneh SR, Hodin RA. “Inhibition of the gut enzyme intestinal alkaline phosphatase may explain how aspartame promotes glucose intolerance and obesity in mice.” Appl Physiol Nutr Metab. 2017 Jan;42(1):77-83. doi: 10.1139/apnm-2016-0346. Epub 2016 Nov 18. (abstract / article)

[30] Susan E. Swithers, “Artificial sweeteners produce the counterintuitive effect of inducing metabolic derangements.” Trends Endocrinol Metab. 2013 Sep; 24(9): 431–441. (article)

[31] Guy Fagherazzi, A Vilier, D Saes Sartorelli, M Lajous, B Balkau, F Clavel-Chapelon. “Consumption of artificially and sugar-sweetened beverages and incident type 2 diabetes in the Etude Epidémiologique auprès des femmes de la Mutuelle Générale de l’Education Nationale–European Prospective Investigation into Cancer and Nutrition cohort.” Am J Clin Nutr. 2013, Jan 30; doi: 10.3945/ ajcn.112.050997 ajcn.050997. (abstract/article)

[32] Suez J et al. “Artificial sweeteners induce glucose intolerance by altering the gut microbiota.” Nature. 2014 Oct 9;514(7521). PMID: 25231862. (abstract / article)

[33] Kuk JL, Brown RE. “Aspartame intake is associated with greater glucose intolerance in individuals with obesity.” Appl Physiol Nutr Metab. 2016 Jul;41(7):795-8. doi: 10.1139/apnm-2015-0675. Epub 2016 May 24. (abstract)

[34] Palmnäs MSA, Cowan TE, Bomhof MR, Su J, Reimer RA, Vogel HJ, et al. (2014) Low-Dose Aspartame Consumption Differentially Affects Gut Microbiota-Host Metabolic Interactions in the Diet-Induced Obese Rat. PLoS ONE 9(10): e109841. (article)

[35] Halldorsson TI, Strøm M, Petersen SB, Olsen SF. “Intake of artificially sweetened soft drinks and risk of preterm delivery: a prospective cohort study in 59,334 Danish pregnant women.” Am J Clin Nutr. 2010 Sep;92(3):626-33. PMID: 20592133. (abstract / article)

[36] Meghan B. Azad, PhD; Atul K. Sharma, MSc, MD; Russell J. de Souza, RD, ScD; et al. “Association Between Artificially Sweetened Beverage Consumption During Pregnancy and Infant Body Mass Index.” JAMA Pediatr. 2016;170(7):662-670. (abstract)

[37] Mueller NT, Jacobs DR Jr, MacLehose RF, Demerath EW, Kelly SP, Dreyfus JG, Pereira MA. “Consumption of caffeinated and artificially sweetened soft drinks is associated with risk of early menarche.” Am J Clin Nutr. 2015 Sep;102(3):648-54. doi: 10.3945/ajcn.114.100958. Epub 2015 Jul 15. (abstract)

[38] Ashok I, Poornima PS, Wankhar D, Ravindran R, Sheeladevi R. “Oxidative stress evoked damages on rat sperm and attenuated antioxidant status on consumption of aspartame.” Int J Impot Res. 2017 Apr 27. doi: 10.1038/ijir.2017.17. (abstract / article)

[39] Finamor I, Pérez S, Bressan CA, Brenner CE, Rius-Pérez S, Brittes PC, Cheiran G, Rocha MI, da Veiga M, Sastre J, Pavanato MA., “Chronic aspartame intake causes changes in the trans-sulphuration pathway, glutathione depletion and liver damage in mice.” Redox Biol. 2017 Apr;11:701-707. doi: 10.1016/j.redox.2017.01.019. Epub 2017 Feb 1. (abstract/article)

[40] Lebda MA, Tohamy HG, El-Sayed YS. “Long-term soft drink and aspartame intake induces hepatic damage via dysregulation of adipocytokines and alteration of the lipid profile and antioxidant status.” Nutr Res. 2017 Apr 19. pii: S0271-5317(17)30096-9. doi: 10.1016/j.nutres.2017.04.002. [Epub ahead of print] (abstract)

[41] Sharma A, Amarnath S, Thulasimani M, Ramaswamy S. “Artificial sweeteners as a sugar substitute: Are they really safe?” Indian J Pharmacol 2016;48:237-40 (article)

Bayer’s Shady PR Firms: FleishmanHillard, Ketchum, FTI Consulting

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In the latest PR scandal to engulf Bayer, journalists at Le Monde reported May 9 that they obtained a “Monsanto File” created by the public relations firm FleishmanHillard listing a “multitude of information” about 200 journalists, politicians, scientists and others deemed likely to influence the debate on glyphosate in France. Le Monde filed a complaint with the Paris prosecutor’s office alleging that the document involved illegal collection and processing of personal data, spurring the prosecutor’s office to open a criminal probe. “This is a very important discovery because it shows there are objective strategies to silence strong voices. I can see they were trying to isolate me,” France’s former Environment Minister Segolene Royal, who is on the list, told France 24 TV.

“This is a very important discovery because it shows there are objective strategies to silence strong voices.”

Francois Veillerette, an environmentalist also on the list, told France 24 that it contained personal contact details, opinions and level of engagement in relation to Monsanto. “This is a major shock in France,” he said. “We don’t think this is normal.” Bayer has since admitted that FleishmanHillard drew up “‘watch lists’ of pro- or anti-pesticides figures” in seven countries across Europe, the AFP reported. The lists contained information about journalists, politicians and other interest groups. The AFP said it filed a complaint with a French regulatory agency because some of its journalists were on the list that surfaced in France.

Adding to Bayer’s PR troubles, AFP reported on May 18 that an employee of another PR firm was caught posing as a freelance journalist who worked for the BBC at the recent federal trial in San Francisco that ended with an $80 million judgment against Bayer. The woman, who was seen chatting up reporters about story ideas at the trial, did not disclose that she actually worked for FTI Consulting, a “crisis management firm” whose clients include Bayer and Monsanto.

In the wake of the “Monsanto File” revelations in France, Bayer apologized and said it suspended its relationship with the firms involved, including FleishmanHillard and Publicis Consultants, pending an investigation. “Our highest priority is to create transparency,” Bayer said. “We do not tolerate unethical behavior in our company.” However the PR companies Bayer relies upon, including FleishmanHillard and PR firms under the same corporate ownership, have histories of using underhanded tactics to promote and defend their clients – and they have done the same for Bayer.

Ketchum and FleishmanHillard hired to rehab image of GMOs

In 2013, the agrichemical industry tapped FleishmanHillard and Ketchum, both owned by Omnicom, to head up a PR offensive to rehabilitate the image of its embattled GMO and pesticide products. Monsanto selected FleishmanHillard to “reshape” its reputation amid “fierce opposition” to genetically modified foods, according to the Holmes Report. Around the same time, FleishmanHillard also became the PR agency of record for Bayer, and the Council for Biotechnology Information (CBI) — a trade group funded by Bayer (Monsanto), Corteva (DowDuPont), Syngenta and BASF — hired Ketchum public relations firm to launch a marketing campaign called GMO Answers.

Spin tactics employed by these firms included “wooing mommy bloggers” and using the voices of supposedly “independent” experts to “clear up confusion and mistrust” about GMOs. However, evidence surfaced that the PR firms edited and scripted some of the “independent” experts. For example, documents obtained by U.S. Right to Know show that Ketchum scripted posts for GMO Answers that were signed by a University of Florida professor who claimed to be independent as he worked behind the scenes with Monsanto on PR projects. A senior vice president at FleishmanHillard edited the speech of a UC Davis professor and coached her how to “win over people in the room” at an IQ2 debate to convince the public to accept GMOs. Ketchum also gave the professor talking points for a radio interview about a scientific study.

Academics were important messengers for industry lobbying efforts to oppose GMO labeling, reported the New York Times in 2015. “Professors/researchers/scientists have a big white hat in this debate and support in their states, from politicians to producers,” Bill Mashek, a vice president at Ketchum, wrote to the University of Florida professor. “Keep it up!”  The industry trade group CBI has spent over $11 million on Ketchum’s GMO Answers since 2013, according to tax records.

The spin has influenced journalists, according to the PR industry. In 2014, GMO Answers was shortlisted for a CLIO advertising award for “Crisis Management & Issue Management.” In this video, Ketchum bragged about how it nearly doubled positive media attention of GMOs and “balanced 80% of interactions”  on Twitter. Many of those online interactions are from accounts that appear independent and do not disclose their connection to industry’s PR campaign.

Although the Ketchum video claimed GMO Answers would “redefine transparency” with information from experts with “nothing filtered or censored, and no voices silenced,” a Monsanto PR plan suggests the company counted on GMO Answers to help spin its products in a positive light. The document from 2015 listed GMO Answers among the “industry partners” that could help protect Roundup from cancer concerns; in a “resources” section on page 4, the plan listed links to GMO Answers alongside Monsanto documents that could communicate the company message that “Glyphosate is not carcinogenic.”

This Ketchum video was posted to the CLIO website and removed after we called attention to it.

Omnicom’s FleishmanHillard and Ketchum: histories of deception

Why any company would put FleishmanHillard or Ketchum in front of efforts to inspire trust is difficult to understand, given their histories of documented deceptions. For example:

Until 2016, Ketchum was the PR firm for Russia and Vladimir Putin. According to documents obtained by ProPublica, Ketchum was caught placing pro-Putin op-eds under the names of “seemingly independent professionals” in various news outlets. In 2015, the embattled Honduran government hired Ketchum to try to rehabilitate its reputation after a multi-million dollar corruption scandal.

Documents leaked to Mother Jones indicate that Ketchum worked with a private security firm that “spied on Greenpeace and other environmental organizations from the late 1990s through at least 2000, pilfering documents from trash bins, attempting to plant undercover operatives within groups, casing offices, collecting phone records of activists, and penetrating confidential meetings.” FleishmanHillard was also caught using unethical espionage tactics against public health and tobacco control advocates on behalf of the tobacco company R. J. Reynolds, according to a study by Ruth Malone in the American Journal of Public Health. The PR firm even secretly audiotaped tobacco control meetings and conferences.

FleishmanHillard was the public relations firm for The Tobacco Institute, the cigarette industry’s main lobbying organization, for seven years. In a 1996 Washington Post article, Morton Mintz recounted the story of how FleishmanHillard and the Tobacco Institute converted the Healthy Buildings Institute into a front group for the tobacco industry in its effort to spin away public concern about the dangers of second-hand smoke. Ketchum also did work for the tobacco industry.

Both firms have at times worked on both sides of an issue. FleishmanHillard has been hired for anti-smoking campaigns. In 2017, Ketchum launched a spin-off firm called Cultivate to cash in on the growing organic food market, even though Ketchum’s GMO Answers has disparaged organic food, claiming that consumers pay a “hefty premium” for food that is no better than conventionally-grown food.

FTI Consulting: climate deception and more tobacco ties

FTI Consulting, the “crisis management” PR firm that works with Bayer and whose employee was caught impersonating a journalist at the recent Roundup cancer trial in San Francisco, shares several similarities with FleishmanHillard and Ketchum, including its use of covert tactics, lack of transparency and history of working with the tobacco industry.

The firm is known as a key player in ExxonMobil’s efforts to evade responsibility for climate change. As Elana Schor and Andrew Restuccia reported in Politico in 2016:

“Aside from [Exxon] itself, the most vocal resistance to the greens has come from FTI Consulting, a firm filled with former Republican aides that has helped unify the GOP in defense of fossil fuels. Under the banner of Energy in Depth, a project it runs for the Independent Petroleum Association of America, FTI has peppered reporters with emails that suggest “collusion” between green activists and state AGs, and has raised questions over InsideClimate’s Rockefeller grants.”

FTI Consulting employees have been caught impersonating journalists before. Karen Savage reported in January 2019 in Climate Liability News, “Two public relations strategists representing Exxon recently posed as journalists in an attempt to interview an attorney representing Colorado communities that are suing Exxon for climate change-related damages. The strategists—Michael Sandoval and Matt Dempsey—are employed by FTI Consulting, a firm long linked with the oil and gas industry.” According to Climate Liability News, the two men were listed as writers for Western Wire, a website run by oil interests and staffed with strategists from FTI Consulting, which also provides staff to Energy In Depth, a pro-fossil fuel “research, education and public outreach campaign.”

Energy In Depth presented itself as a “mom and pop shop” representing small energy providers but was created by major oil and gas companies to lobby for deregulation, DeSmog blog reported in 2011. The Greenpeace group uncovered a 2009 industry memo describing Energy In Depth as a “new industry-wide campaign… to combat new environmental regulations, especially with regard to hydraulic fracturing” that “would not be possible without the early financial commitments” of major oil and gas interests including BP, Halliburton, Chevron, Shell, XTO Energy (now owned by ExxonMobil).

Another feature in common with all these firms is their tobacco industry ties. FTI Consulting has “a long history of working with the tobacco industry,” according to Tobacco Tactics.org. A search of the UCSF Tobacco Industry Documents library brings up over 2,400 documents relating to FTI Consulting.

More on Bayer’s recent PR scandals

Coverage in French:

Coverage in English:

Trial in Monsanto’s Hometown Set for August After $2 Billion Verdict

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This article was originally published in Environmental Health News.

By Carey Gillam

After three stunning courtroom losses in California, the legal battle over the safety of Monsanto’s top-selling Roundup herbicide is headed for the company’s hometown, where corporate officials can be forced to appear on the witness stand, and legal precedence shows a history of anti-corporate judgments.

“The things that have gone on here, I want St. Louis juries to hear this stuff.”

Sharlean Gordon, a cancer-stricken woman in her 50s, is the next plaintiff currently set for trial. Gordon v. Monsanto starts Aug. 19 in St. Louis County Circuit Court, located just a few miles from the St. Louis, Missouri-area campus that was the company’s longtime world headquarters until Bayer bought Monsanto last June. The case was filed in July 2017 on behalf of more than 75 plaintiffs and Gordon is the first of that group to go to trial.

According to the complaint, Gordon purchased and used Roundup for at least 15 continuous years through approximately 2017 and was diagnosed with a form of non-Hodgkin lymphoma in 2006. Gordon has gone through two stem cell transplants and spent a year in a nursing home at one point in her treatment.

She is so debilitated that it is difficult for her to be mobile.

Her case, like that of the thousands of others filed around the United States, alleges use of Monsanto’s glyphosate-based herbicides caused her to develop non-Hodgkin lymphoma.

“She’s been through hell,” St. Louis attorney Eric Holland, one of the legal team members representing Gordon, told EHN. “She’s horribly injured. The human toll here is tremendous. I think Sharlean is really going to put a face on what Monsanto’s done to people.”

Gordon said the hardest part about preparing for trial is determining what evidence to present to the jury within the three-week time span that the judge has set for the trial.

“This evidence against them, their conduct, is the most outrageous I’ve seen in my 30 years of doing this,” Holland said. “The things that have gone on here, I want St. Louis juries to hear this stuff.”

That Gordon trial will be followed by a September 9 trial also in St. Louis County in a case brought by plaintiffs Maurice Cohen and Burrell Lamb.

Monsanto’s deep roots in the community, including a large employment base and generous charitable donations throughout the area, could favor its chances with local jurors.

But on the flip side, St. Louis is regarded in legal circles as one the most favorable places for plaintiffs to bring lawsuits against corporations and there is a long history of large verdicts against major companies. St. Louis City Court is generally considered the most favorable but St. Louis County is also desired by plaintiffs’ attorneys.

The approach of the August and September trials comes on the heels of a stunning $2 billion verdict issued against Monsanto May 13. In that case, a jury in Oakland, California, awarded married couple Alva and Alberta Pilliod, who both suffer from cancer, $55 million in compensatory damages and $1 billion each in punitive damages.

The jury found that Monsanto has spent years covering up evidence that its herbicide causes cancer.

That verdict came only a little more than a month after a San Francisco jury ordered Monsanto to pay $80 million in damages to Edwin Hardeman, who also developed non-Hodgkin lymphoma after using Roundup. And last summer, a jury ordered Monsanto to pay $289 million to groundskeeper Dewayne “Lee” Johnson who received a terminal cancer diagnosis after using Monsanto herbicides in his job.

Aimee Wagstaff, who was co-lead counsel for Hardeman, is set to try the Gordon case in St. Louis with Holland. Wagstaff said she plans to subpoena several Monsanto scientists to appear on the witness stand to answer questions directly in front of a jury.

She and the other attorneys trying the California cases were not able to force Monsanto employees to testify live because of the distance. The law provides that witnesses cannot be compelled to travel more than 100 miles or out of state from where they live or work.

Mediation meeting

The trial losses have left Monsanto and its German owner Bayer AG under siege. Angry investors have pushed share prices to the lowest levels in roughly seven years, erasing more than 40 percent of Bayer’s market value.

And some investors are calling for Bayer CEO Werner Baumann to be ousted for championing the Monsanto acquisition, which closed in June of last year just as the first trial was getting underway.

Bayer maintains that there is no valid evidence of cancer causation associated with Monsanto’s herbicides, and says it believes it will win on appeal. But U.S. District Judge Vince Chhabria has ordered Bayer to begin mediation talks aimed at potentially settling the sprawling mass of lawsuits that includes roughly 13,400 plaintiffs in the United States alone.

All the plaintiffs are cancer victims or their family members and all allege Monsanto engaged in a range of deceptive tactics to hide the risks of its herbicides, including manipulating the scientific record with ghostwritten studies, colluding with regulators, and using outside individuals and organizations to promote the safety of its products while making sure they falsely appeared to be acting independently of the company.

A May 22 hearing is being held in part to define details of the mediation process. Bayer has indicated that it will comply with the order, but may not yet be ready to consider settling the litigation despite the courtroom losses.

Meanwhile, the litigation that originated in the United States has crossed the border into Canada where a Saskatchewan farmer is leading a class action lawsuit against Bayer and Monsanto making allegations that mirror those in the U.S. lawsuits.

“The Queen of Roundup”

Elaine Stevick of Petaluma, California was supposed to be the next in line to take on Monsanto at trial.

But in his order of mediation, Judge Chhabria also vacated her May 20 trial date. A new trial date is to be discussed at the hearing on Wednesday.

Stevick and her husband Christopher Stevick sued Monsanto in April of 2016 and said in an interview that they are eager to get their chance to confront the company over the devastating damage they say Elaine’s use of Roundup has done to her health.

She was diagnosed in December 2014 at the age of 63 with multiple brain tumors due to a type of non-Hodgkin lymphoma called central nervous system lymphoma (CNSL). Alberta Pilliod, who just won the most recent trial, also had a CNSL brain tumor.

The couple purchased an old Victorian home and overgrown property in 1990 and while Christopher worked on renovating the interior of the house, Elaine’s job was to spray weed killer over the weeds and wild onions that the couple said took over a good portion of the property.

She sprayed multiple times a year until she was diagnosed with cancer. She never wore gloves or other protective clothing because believed it to be as safe as advertised, she said.

Stevick is currently in remission but nearly died at one point in her treatment, Christopher Stevick said.

“I called her the ‘queen of Roundup’ because she was always walking around spraying the stuff,” he told EHN.

The couple attended parts of both the Pilliod and Hardeman trials, and said they are grateful the truth about Monsanto’s actions to hide the risks are coming into the public spotlight. And they want to see Bayer and Monsanto start warning users about the cancer risks of Roundup and other glyphosate-based herbicides.

“We want the companies to take responsibility for warning people—even if there is a chance that something would be harmful or hazardous for them, people should be warned,” Elaine Stevick told EHN.

Up Next – Trial In Monsanto’s Hometown Set for August After $2 Billion Roundup Cancer Verdict

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After three stunning courtroom losses in California, the legal battle over the safety of Monsanto’s top-selling Roundup herbicide is headed for the company’s hometown, where corporate officials can be forced to appear on the witness stand, and legal precedence shows a history of anti-corporate judgments.

Sharlean Gordon, an cancer-stricken woman in her 50s, is the next plaintiff currently set for trial.  Gordon v. Monsanto starts Aug. 19 in St. Louis County Circuit Court, located just a few miles from the St. Louis, Missouri-area campus that was the company’s longtime world headquarters until Bayer bought Monsanto last June. The case was filed in July 2017 on behalf of more than 75 plaintiffs and Gordon is the first of that group to go to trial.

According to the complaint, Gordon purchased and used Roundup for at least 15 continuous years through approximately 2017 and was diagnosed with a form of non-Hodgkin lymphoma in 2006. Gordon has gone through two stem cell transplants and spent a year in a nursing home at one point in her treatment. She is so debilitated that it is difficult for her to be mobile.

Her case, like that of the thousands of others filed around the United States, alleges use of Monsanto’s glyphosate-based herbicides caused her to develop non-Hodgkin lymphoma.

“She’s been through hell,” said St. Louis attorney Eric Holland, one of the legal team members representing Gordon.  “She’s horribly injured. The human toll here is tremendous. I think Sharlean is really going to put a face on what Monsanto’s done to people.”

Gordon said the hardest part about preparing for trial is determining what evidence to present to the jury within the three-week time span that the judge has set for the trial.

“This evidence against them, their conduct, is the most outrageous I’ve seen in my 30 years of doing this,” Holland said.  “The things that have gone on here, I want St. Louis juries to hear this stuff.”

That Gordon trial will be followed by a September 9 trial also in St. Louis County in a case brought by plaintiffs Maurice Cohen and Burrell Lamb.

Monsanto’s deep roots in the community, including a large employment base and generous charitable donations throughout the area, could favor its chances with local jurors. But on the flip side, St. Louis is regarded in legal circles as one the most favorable places for plaintiffs to bring lawsuits against corporations and there is a long history of large verdicts against major companies. St. Louis City Court is generally considered the most favorable but St. Louis County is also desired by plaintiffs’ attorneys.

The approach of the August and September trials comes on the heels of a stunning $2 billion verdict issued against Monsanto May 13.  In that case, a jury in Oakland, California awarded married couple Alva and Alberta Pilliod, who both suffer from cancer, $55 million in compensatory damages and $1 billion each in punitive damages. The jury found that Monsanto has spent years covering up evidence that its herbicide causes cancer.

That verdict came only a little more than a month after a San Francisco jury ordered Monsanto to pay $80 million in damages to Edwin Hardeman, who also developed non-Hodgkin lymphoma after using Roundup.  And last summer, a jury ordered Monsanto to pay $289 million to groundskeeper Dewayne “Lee” Johnson who received a terminal cancer diagnosis after using Monsanto herbicides in his job.

Aimee Wagstaff, who was co-lead counsel for Hardeman, is set to try the Gordon case in St. Louis with Holland. Wagstaff said she plans to subpoena several Monsanto scientists to appear on the witness stand to answer questions directly in front of a jury. She and the other attorneys trying the California cases were not able to force Monsanto employees to testify live because of the distance.

MEDIATION MEETING MAY 22

The trial losses have left Monsanto and its German owner Bayer AG under siege. Angry investors have pushed share prices to the lowest levels in roughly seven years,  erasing more than 40 percent of Bayer’s market value. And some investors are calling for Bayer CEO Werner Baumann to be ousted for championing the Monsanto acquisition, which closed in June of last year just as the first trial was getting underway.

Bayer maintains that there is no valid evidence of cancer causation associated with Monsanto’s herbicides, and says it believes it will win on appeal.  But U.S. District Judge Vince Chhabria has ordered Bayer to begin mediation talks aimed at potentially settling the sprawling mass of lawsuits that includes roughly 13,400 plaintiffs in the United States alone. All the plaintiffs are cancer victims or their family members and all allege Monsanto engaged in a range of deceptive tactics to hide the risks of its herbicides, including manipulating the scientific record with ghostwritten studies, colluding with regulators, and using outside individuals and organizations to promote the safety of its products while making sure they falsely appeared to be acting independently of the company.

A May 22 hearing is being held in part to define details of the mediation process. Bayer has indicated that it will comply with the order, but may not yet be ready to consider settling the litigation despite the courtroom losses.

Meanwhile, the litigation that originated in the United States has crossed the border into Canada where a Saskatchewan farmer is leading a class action lawsuit against Bayer and Monsanto making allegations that mirror those in the U.S. lawsuits.

“THE QUEEN OF ROUNDUP”

Elaine Stevick of Petaluma, California was supposed to be the next in line to take on Monsanto at trial. But in his order of mediation, Judge Chhabria also vacated her May 20 trial date. A new trial date is to be discussed at the hearing on Wednesday.

Stevick and her husband Christopher Stevick sued Monsanto in April of 2016 and said in an interview that they are eager to get their chance to confront the company over the devastating damage they say Elaine’s use of Roundup has done to her health. She was diagnosed in December 2014 at the age of 63 with multiple brain tumors due to a type of non-Hodgkin lymphoma called central nervous system lymphoma (CNSL).  Alberta Pilliod, who just won the most recent trial, also had a CNSL brain tumor.

The couple purchased an old Victorian home and overgrown property in 1990 and while Christopher worked on renovating the interior of the house, Elaine’s job was to spray weed killer over the weeds and wild onions that the couple said took over a good portion of the property. She sprayed multiple times a year until she was diagnosed with cancer. She never wore gloves or other protective clothing because believed it to be as safe as advertised, she said.

Stevick is currently in remission but nearly died at one point in her treatment, Christopher Stevick said.

“I called her the ‘queen of Roundup’ because she was always walking around spraying the stuff,” he said.

The couple attended parts of both the Pilliod and Hardeman trials, and said they are grateful the truth about Monsanto’s actions to hide the risks are coming into the public spotlight. And they want to see Bayer and Monsanto start warning users about the cancer risks of Roundup and other glyphosate-based herbicides.

“We want the companies to take responsibility for warning people -even if there is a chance that something would be harmful or hazardous for them, people should be warned,” Elaine Stevick said.

(Published first in Environmental Health News)

Follow @Careygillam on Twitter

Monsanto Ordered to Pay $2 Billion to Cancer Victims

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After less than two full days of deliberations, a California jury ordered Monsanto to pay just over $2 billion in punitive and compensatory damages to a married couple who both developed non-Hodgkin lymphoma they say was caused by their many years of using Roundup products.

After listening to 17 days of trial testimony, jurors said Monsanto must pay $1 billion to Alberta Pilliod, who was diagnosed with non-Hodgkin lymphoma brain cancer  in 2015, and another $1 billion to her husband Alva Pilliod, who was diagnosed in 2011 with non-Hodgkin lymphoma that spread from his bones to his pelvis and spine. The couple, who are both in their 70s,  started using Roundup in the 1970s and continued using the herbicide until only a few years ago. The jury also awarded the couple a total of $55 million in damages for past and future medical bills and other losses.

In ordering punitive damages, the jury had to find that Monsanto “engaged in conduct with malice, oppression or fraud committed by one or more officers, directors or managing agents of Monsanto”  who were acting on behalf of the company.

Pilliod v. Monsanto is the third Roundup cancer case to go to trial. And it is the third to conclude that Monsanto’s glyphosate-based herbicides can cause cancer and that Monsanto has long known about – and covered up – the risks.

In March, a unanimous jury in federal court in San Francisco ordered Monsanto to pay roughly $80 million in damages for failing to warn plaintiff Edwin Hardeman of the cancer risks of Roundup herbicide. Last August, jurors in state court in San Francisco ordered Monsanto to pay $289 million  in damages to school groundskeeper Dewayne “Lee” Johnson, who is dying of non-Hodgkin lymphoma the jury found was caused by his exposure to Monsanto’s glyphosate herbicides. The judge in that case lowered the total verdict to $78 million and the verdict is now on appeal.

Both Johnson and Hardeman attended closing arguments in the Pilliod trial.

The Pilliod verdict is expected to only further erode the market value of Bayer AG, which purchased Monsanto last summer for $63 billion. Shares have dropped more than 40 percent since the Aug. 10 Johnson verdict was handed down.

More than 13,000 plaintiffs have filed similar lawsuits against Monsanto, alleging the company’s herbicides cause non-Hodgkin lymphoma and the company has hidden the risks.

Evidence laid out in the three trials included numerous scientific studies that showed what plaintiffs’ attorneys said was proof Monsanto’s herbicides can cause non-Hodgkin lymphoma. As well, the attorneys presented jurors with many internal Monsanto communications obtained through court-ordered discovery that show Monsanto has intentionally manipulated the public record to hide the cancer risks.

Among the many revelations that have emerged from the trials:

* Monsanto never conducted epidemiology studies for Roundup and its other formulations made with the active ingredient glyphosate to evaluate the cancer risks for users.

* Monsanto was aware that the surfactants in Roundup were much more toxic than glyphosate alone.

* Monsanto spent millions of dollars on covert public relations campaigns to finance ghostwritten studies and articles aimed at discrediting independent scientists whose work found dangers with Monsanto’s herbicides.

* When the US Agency for Toxic Substances and Disease Registry sought to evaluate glyphosate toxicity in 2015, Monsanto engaged the assistance of EPA officials to delay that review.

* Monsanto enjoyed a close relationship with certain officials within the Environmental Protection Agency (EPA), who have repeatedly backed Monsanto’s assertions about the safety of its glyphosate products.

* The company internally had worker safety recommendations that called for wearing a full range of protective gear when applying glyphosate herbicides, but did not warn the public to do the same.

Pilliod attorney Brent Wisner suggested to jurors in his closing arguments that they consider punitive damages in the range of $1 billion to send a message to Monsanto and Bayer about the need to change the company’s practices.

“The jury saw for themselves internal company documents demonstrating that, from day one, Monsanto has never had any interest in finding out whether Roundup is safe,” Wisner said following the verdict. “Instead of investing in sound science, they invested millions in attacking science that threatened their business agenda.”

Michael Miller, who served with Wisner as co-lead trial counsel said: “Unlike the first two Monsanto trials, where the judges severely limited the amount of plaintiffs’ evidence, we were finally allowed to show a jury the mountain of evidence showing Monsanto’s manipulation of science, the media and regulatory agencies to forward their own agenda despite Roundup’s severe harm to the animal kingdom and humankind.”

Bayer issued a statement after the verdict saying it would appeal: “Bayer is disappointed with the jury’s decision and will appeal the verdict in this case, which conflicts directly with the U.S. Environmental Protection Agency’s interim registration review decision released just last month, the consensus among leading health regulators worldwide that glyphosate-based products can be used safely and that glyphosate is not carcinogenic, and the 40 years of extensive scientific research on which their favorable conclusions are based.

“We have great sympathy for Mr. and Mrs. Pilliod, but the evidence in this case was clear that both have long histories of illnesses known to be substantial risk factors for non-Hodgkin’s lymphoma (NHL), most NHL has no known cause, and there is not reliable scientific evidence to conclude that glyphosate-based herbicides were the “but for” cause of their illnesses as the jury was required to find in this case.”

The damage award breaks down as follows:

Alva Pilliod

Compensatory:

Past economic – $47,296.01

Past non-economic loss – $8 million

Future non-economic loss – $10 million

Punitive damages – $1 billion

Alberta Pilliod

Compensatory:

Past economic – $201,166.76

Past non-economic – $8 million

Future economic  – $2,957,710

Future non-economic – $26 million

Punitive damages – $1 billion

TOTAL – $2.055 billion  

A federal judge has ordered Bayer to start mediation with plaintiffs’ attorneys and a hearing is set for next week in San Francisco on that issue. Several more trials are scheduled over the next year in courts around the United States.

For more updates follow Carey Gillam on Twitter @careygillam 

In Their Hands – Jurors in 3rd Monsanto Roundup Cancer Trial Weigh Evidence

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Jury deliberations were set to resume Monday morning in Oakland, California in the case of an elderly married couple who allege that many years of use of Monsanto’s Roundup herbicide caused them each to develop debilitating non-Hodgkin lymphoma.

Lawyers for plaintiffs Alva and Alberta Pilliod and legal counsel for Monsanto and its German owner Bayer AG presented contrasting closing arguments last week. Jurors then had one day of deliberations on Thursday before taking Friday and the weekend off.

Jurors have a lot of evidence to sift through after 17 days of trial testimony that included 16 live witnesses and 11 more testifying via video. The trial transcript, as noted by Monsanto attorney Tarek Ismail, is more than 5,000 pages long.

The 12-member jury has already had several questions, sending notes to Alameda County Superior Court Judge Winifred Smith with queries about some medical articles and about the testimony of Monsanto expert witness  Dr. Celeste Bello, a medical oncologist hematologist who practices at the Moffitt Cancer Center in Florida. Bello testified that epidemiological data does not show a valid association  between Roundup and non-Hodgkin lymphoma. She said that both Alva and Alberta Pilliod had a history of medical problems and weakened immune systems, which likely led to their cancers. Bello told jurors she agreed with the Environmental Protection Agency’s determination that glyphosate, the key ingredient in Roundup, is not likely to be carcinogenic to humans.

Jurors also asked about some medical articles and a query about how many of the jurors need to agree on individual questions on the verdict forms.  That question prompted Monsanto attorney Ismail to comment to the judge that “we obviously have — seemingly have some sort of split in the jury.”

Nine of the 12 jurors must agree on a verdict but Ismail noted that the instructions to the jury
allows for different groups of nine jurors to agree on different parts of the verdict form. Here is a bit of his exchange with Judge Smith on the company’s concern:

Mr. ISMAIL: “So, for example, Jurors 1 through 9 could say  yes on question 1, and Jurors 4 through 12 agree on — say yes to question 2, but you only have six people who think liability is found.

THE COURT: That’s a function of California law.

MR. ISMAIL: It is. I recognize that. I know you’re not going to change it here. But I’m preserving the objection that it is —

THE COURT: I understand what you’re saying.

MR. ISMAIL: It seems like an inconsistency in the way — where it’s written that a verdict requires nine, and a verdict here would actually potentially not require nine; it could require fewer than nine. And I understand Your Honor is bound by the way the law is written in the CACI, but we’re preserving that objection in light of that.

THE COURT: Well, I have to follow California law, which does explicitly say that not all nine have to answer each question the same way.

Both Pilliods have diffuse large B-cell lymphoma though Alberta’s developed in her brain while Alva’s invaded his pelvis and spine.  Pilliod attorney Brent Wisner asked the jury to award approximately $37 million in compensatory damages for Alberta Pilliod and $18 million for Alva Pilliod. He suggested jurors should consider a punitive damage award for the couple of $1 billion.