Former Monsanto CEO Ordered to Testify at Roundup Cancer Trial

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Former Monsanto Chairman and CEO Hugh Grant will have to testify in person at a St. Louis-area trial set for January in litigation brought by a cancer-stricken woman who claims her disease was caused by exposure to the company’s Roundup herbicide and that Monsanto covered up the risks instead of warning consumers.

Grant, who led St. Louis-based Monsanto from 2003 until the company was sold to Bayer AG of Germany in June of 2018, and spent a total of 37 years working for Monsanto, was subpoenaed by lawyers for plaintiff Sharlean Gordon, to testify at a trial slated to begin Jan. 27 in St. Louis County Circuit Court.

The Gordon trial was originally scheduled for August of this year but was delayed as part of an effort to undertake settlement talks between Bayer and lawyers for tens of thousands of plaintiffs who are suing Monsanto with claims similar to Gordon’s.

Two other trials set for January, both in courts in California and both involving children diagnosed with cancer, were recently postponed due to continued settlement talks.

Bayer estimates that there are currently more than 42,000 plaintiffs alleging that exposure to Monsanto’s Roundup and other glyphosate-based herbicides made by Monsanto caused them or their loved ones to develop non-Hodgkin lymphoma.

Grant did not have to testify live at the three Roundup cancer trials that have taken place so far because they were all held in California. But because Grant resides in St. Louis County, plaintiffs’ attorneys saw an opportunity to get him on the stand in person.

Attorneys for Grant have been fighting the subpoena, arguing that he is not a scientist or regulatory expert and he has already provided information in deposition testimony. Grant has also argued that he should not have to testify because he plans to be out of the country starting February 9.

But in a decision handed down Dec. 5, a special master appointed to the case sided with Gordon’s attorneys and ruled that Grant was not entitled to an order quashing the subpoena for trial testimony.

“Mr. Grant appeared for interviews on public radio representing that Roundup is not a carcinogen; in earnings calls for investors Mr. Grant personally responded that the classification of glyphosate as a probable carcinogen was ‘junk science;’ in 2016 Mr. Grant personally lobbied the EPA Administrator and the Agricultural Committee Chair of the topic of glyphosate,” the special master’s order states.

“Although Mr. Grant does not have scientific knowledge that doubtless will be a significant component to this lawsuit, he was CEO of Monsanto for 15 years and took part in presentations, discussions, interviews and other appearances for Monsanto as CEO in which the topics of Roundup and glyphosate were explained, discussed and defended,” Special Master Thomas Prebil said in his decision.

Gordon developed non-Hodgkin lymphoma after using Roundup herbicides for 25 years at her residence in South Pekin, Illinois, and has suffered extensive debilitation due to her disease. Gordon’s stepfather, who also used Roundup at the family home where Gordon lived into adulthood, died of cancer.  The case  is actually derived from a larger case filed in July 2017 on behalf of more than 75 plaintiffs. Gordon is the first of that group to go to trial.

In the three previous trials, unanimous juries have found that exposure to Monsanto’s herbicides does cause non-Hodgkin lymphoma and that the company did cover up the risks and fail to warn consumers. The three juries awarded a total of four plaintiffs more than $2 billion in damages, but the three trial judges have reduced the awards significantly in each case.

All are being appealed and none of the winning plaintiffs have yet received any of the monetary awards the juries ordered.

JOHNSON APPEAL DELAYED

The first plaintiff to win against Monsanto is a California school groundskeeper from California. Dewayne “Lee” Johnson was awarded $289 million by a jury in August 2018. The trial judge later lowered the damages to $78 million. Monsanto appealed seeking to overturn the jury decision and Johnson cross-appealed seeking to reinstate the full award of $289 million.

The California Court of Appeal 1st Appellate District said it would act swiftly in ruling on the consolidated appeals and lawyers for both sides initially hoped to have a ruling by the end of this year. But the case has been delayed for several weeks as both sides awaited a date for oral arguments. On Dec. 3, Monsanto’s attorneys asked the court not to schedule oral arguments in January or February, as several new Roundup trials are set for those months.  Johnson’s attorneys opposed that request for further delay.

On Friday, the court issued an order stating that while it agreed with Johnson about the need to
“schedule oral argument as soon as practicable,” it was unlikely oral arguments could be held until March of April “given the number and length of all the briefs to be considered, the outstanding motions that the court must rule on when considering the merits of the appeal,” and other factors.

Six Monsanto Roundup Cancer Trials Set for January

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After several months out of the headlines, lawyers for both sides of the nationwide Roundup cancer litigation are gearing up for overlapping trials in the new year as several more cancer patients seek to blame Monsanto for their diseases.

Six trials are currently set to take place starting in January, with one in February, two in March and additional trials scheduled almost every month from April through October 2021. Thousands of additional plaintiffs still are working to get trial dates set for their claims.

The plaintiffs in the upcoming January trials include two children who were stricken by non-Hodgkin lymphoma allegedly after being repeatedly exposed to Monsanto herbicides at very young ages. Also set for January is the trial for a woman named Sharlean Gordon who has suffered several debilitating recurrences of her cancer. Another trial will present the claims of five plaintiffs who claim Monsanto’s herbicides caused their cancers.

Notably, two of the trials in January will take place in the St. Louis, Missouri area – where Monsanto was headquartered for decades before its acquisition in June 2018 by Germany’s Bayer AG. Those two trials will be the first to go before jurors in Monsanto’s home town. Gordon’s case was supposed to go to trial in the area last August but was postponed, as were others set for the second half of 2019, as Bayer and plaintiffs’ attorneys initiated settlement talks.

It is still possible that some sort of settlement – individual case-specific, or larger – could happen before January, but the lawyers on both sides are preparing for a schedule that presents numerous logistical challenges. Each trial is expected to last several weeks, and not only are some lawyers involved in trying cases with overlapping trial schedules, but a small group of expert witnesses will be testifying in multiple cases taking place at the same time.

Three trials have taken place so far  in the sprawling mass tort litigation, which began in 2015 after the International Agency for Research on Cancer (IARC) classified a chemical called glyphosate as a probable human carcinogen with a particular association to non-Hodgkin lymphoma. Since the 1970s, glyphosate has been the active ingredient in Monsanto branded herbicides, and is currently considered the most widely used herbicide in the world.

Plaintiffs’ attorneys say that the current line-up of cases represent even stronger claims for damages than the prior three trials.  “These are very strong cases,” said lawyer Aimee Wagstaff, who represents Gordon. In March, Wagstaff client Edwin Hardeman won an $80 million jury verdict from a San Francisco jury in his lawsuit against Monsanto.

For the Gordon case, Wagstaff has subpoenaed former Monsanto chairman Hugh Grant to testify live at the trial. Grant has thus far only testified through deposition and not had to testify in front of a jury; nor have other high-level Monsanto executives because the trials were held in California. But with the trial in St. Louis, plaintiffs’ lawyers are hoping to get some Monsanto scientists and executives on the stand for questioning. Grant’s attorneys have objected the making him appear in person, and both sides are awaiting a ruling on that matter.

In the most recent trial to take place, a jury in Oakland, California ordered Monsanto to pay more than $2 billion in damages to Alberta and Alva Pilliod, a married couple who both suffer from NHL they blame on exposure to Roundup.  The first trial ended in August 2018 when jurors in state court in San Francisco ordered Monsanto to pay $289 million  in damages to school groundskeeper Dewayne “Lee” Johnson, who has been diagnosed with a terminal type of non-Hodgkin lymphoma.  The judges in all three of those cases ruled that the awards were excessive and reduced the damage amounts, though the verdicts are currently under appeal.

More than 42,000 people  in the United States are now suing Monsanto claiming that Roundup and other Monsanto’s herbicides cause non-Hodgkin lymphoma. The lawsuits allege that the company was well aware of the dangers for many years but did nothing to warn consumers, working instead to manipulate the scientific record to protect company sales.

See the Email Trail Showing Influence Peddling by Press Association to Bayer

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Journalists around the globe have reacted with outrage to revelations published in The Guardian  this week that show Thanos Dimadis, the former executive director of the Foreign Press Foundation, offered an unusual arrangement to Bayer AG that called for using the press organization, which is dedicated to protecting a free press, in ways that would also protect and benefit Bayer’s business interests. In exchange for the influence and access into the press association, Bayer agreed to provide generous funding, the emails show, including extra money for Dimadis personally.

Dimadis has recently become president of a new organization called the Association of Foreign Correspondents in the USA (AFC-USA), which is primarily funded by Bayer, the German pharmaceutical and chemical giant that last year bought Monsanto Co.

Monsanto was mired in litigation over allegations its Roundup herbicide causes cancer when Bayer bought the company in June 2018. Three trial losses since the acquisition have worried Bayer investors and left Bayer to defend against Monsanto’s documented history of trying to manipulate media, scientists and regulators to benefit its own interests.

Bayer officials assert Bayer is dedicated to truth and transparency and supports a free press. The company denies it sought or received any undue influence within the Foreign Press Association or the new Association of Foreign Correspondents.

Here is a list of several of the emails:

Details of arrangement with Bayer

List of journalists for Bayer to select for engagement

Dimadis asks Bayer’s direction for press association “to strategize properly”

Dimadis asks for extra money for himself from Bayer

Bayer appreciates Dimadis’ actions and agrees to add money to the budget for Dimadis

See the full story.

Cornell Alliance for Science is a PR Campaign for the Agrichemical Industry

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Despite its academic-sounding name and affiliation with an Ivy League Institution, the Cornell Alliance for Science is a public relations campaign to promote genetically engineered foods and pesticides. With $12 million in funding from the Bill & Melinda Gates Foundation, the Cornell Alliance for Science claims to be working to “restore the importance of scientific evidence in decision-making,” however, the examples in this fact sheet show that the group:

  • Misleads the public with inaccurate information about science;
  • Elevates unreliable messengers who make false and unscientific claims; and,
  • Partners with front groups that have worked with the tobacco industry or chemical industries to manufacture doubt about science that raises health concerns.

The evidence suggests the Cornell Alliance for Science is using Cornell’s name, reputation and authority to promote the talking points and political agenda of the world’s largest agrichemical corporations.

The Gates Foundation helped launch the Cornell Alliance for Science in 2014 as an effort to “depolarize the charged debate” around genetically modified foods (GMOs). The Gates Foundation Deputy Director Rob Horsch, who worked for Monsanto Company for 25 years, leads the foundation’s agricultural research and development strategies, which have drawn criticism for relentlessly promoting GMOs and agrichemicals in Africa over the opposition of Africa-based groups and social movements, and despite many concerns and doubts about genetically engineered crops across Africa. In December 2018, a group of African farmers accused Cornell Alliance for Science of using their images without authorization to make false and misleading claims, according to the African Centre for Biodiversity.

Industry-aligned mission and activities

The mission of Cornell Alliance for Science – to build a global movement of “agricultural champions” to “advocate for access” to genetically engineered crops – is strikingly similar to the mission of the main trade group that promotes the interests of the world’s largest agricultural chemical companies. The Council for Biotechnology Information, which is funded by BASF, Bayer/Monsanto, DowDuPont and Syngenta, describes its agenda to “promote acceptance” of agricultural biotechnology by getting “external voices” to “understand and accept the positive role” of genetic engineering.

The main activity of the Cornell Alliance for Science appears to be training and supporting its Global Leadership Fellows – many of whom are journalists or marketing specialists2 – to conduct public relations and political advocacy that aligns with the agrichemical industry’s agenda. Geographical areas of focus have included African countries, where Alliance members urged countries to accept GMO crops and pesticides; and the Hawaiian Islands, where Alliance members opposed community efforts to regulate pesticides.

Defending pesticides with Monsanto talking points

Cornell Alliance for Science used the same inaccurate messaging as Monsanto-funded groups to defend glyphosate in the wake of a World Health Organization cancer research agency report that glyphosate is a probable human carcinogen. Monsanto’s messaging to combat the market effects of the cancer ruling is revealed in this February 2015 public relations document, which described plans to mobilize “industry partners” to “orchestrate outcry” against the cancer panel. Direct sales of glyphosate-based products such as Roundup account for about one third of Monsanto’s profits, and the herbicide is a key component of GMO foods with 90% of corn and soy grown in the United States genetically engineered to tolerate Roundup products.

As an example of industry messaging, the American Council on Science and Health (ACSH), a front group Monsanto paid to spin the cancer report, claimed the cancer report was a “scientific fraud” perpetrated by “activist scientists.”  Mark Lynas, a spokesperson for the Cornell Alliance for Science, leveled similar attacks against the scientists, portraying their cancer report as a  “witch hunt” orchestrated by “anti-Monsanto activists” who “abused science” and committed “an obvious perversion of both science and natural justice” by reporting a cancer risk. The article on the Cornell website appeared one month after, and used the same sources, as the article by the Monsanto-funded front group ACSH.

Mark Lynas used false talking points straight from Monsanto’s PR playbook to attack the WHO cancer scientists.

Lynas claimed to be on the side of science but ignored  evidence from the company’s own documents showing that Monsanto interfered with scientific research, manipulated regulatory agencies and used other “strong arm” tactics to interfere with the scientific process in order to protect its pesticide.

In August 2018, in the first case to go to trial of more than 40,000 lawsuits pending against Monsanto (now merged with Bayer), a jury ordered Monsanto to pay $289 million in compensatory and punitive damages to a school groundskeeper who was diagnosed with terminal cancer after using glyphosate-based Roundup products. The jury found that Monsanto “acted with malice, oppression or fraud” in covering up the cancer risk of Roundup.

Partners with industry, opposes transparency 

The director of Cornell Alliance for Science, Sarah Evanega, PhD, has said her group is independent of industry: “We do not write for industry, and we do not advocate or promote industry-owned products. As our website clearly and fully discloses, we receive no resources from industry.” However, dozens of emails obtained by U.S. Right to Know, now posted in the UCSF chemical industry documents library, show that Dr. Evanega and the Cornell Alliance for Science coordinate closely with the pesticide industry and its PR allies on public relations initiatives.

As one example, a Monsanto document made public in 2019 describes the company’s deep fears about a public records investigation into its hidden collaborations with publicly funded academics. The PR document describes Monsanto’s plans  to try to discredit the investigation by U.S. Right to Know as an attack on “scientific freedom.” The Cornell Alliance for Science played a key role in advancing this industry messaging via a public petition opposing the public records investigation. The Alliance launched the petition with Biofortified, a PR group Monsanto has identified as a “partner” group.

The USRTK investigation has revealed many examples of how academics assist industry with PR and lobbying campaigns in ways that are hidden from the public and policy makers. The emails reveal that the pesticide industry recruited members of Biofortified to lobby against pesticide regulations in Hawaii. One member of the group, University of Florida Professor Kevin Folta, claimed they were “independent expert scientists” traveling to Hawaii “simply to share science,” but document show the pesticide industry paid for the trip and coordinated their meetings and messaging. Dr. Folta has misled the public about science and his ties to industry on many occasions; yet emails show that Dr. Evanega invited him to teach and speak at Cornell and promoted Folta as “an amazing champion for change” and “a model for scientists.”

Dr. Evanega was a Trustee in 2017 of the food and pesticide industry-funded International Food Information Council, a group that promotes and defends sugar, artificial sweeteners, food additives, pesticides and genetically engineered foods. Emails show how this group solicited payments from food and chemical companies to produce materials in defense of processed foods. For more examples of Cornell Alliance for Science partnerships with industry groups, see  footnotes.

Fellows, partners mislead the public about science 

The Cornell Alliance for Science partners with groups and people who mislead the public about science. The partnerships described below suggest that the purpose of the Cornell Alliance for Science is not to promote science but rather to promote the agrichemical industry’s political agenda of deregulation.

Mark Lynas: The most visible face of the Cornell Alliance for Science, the British writer Mark Lynas has written dozens of articles defending agrichemical industry products in the name of the Cornell Alliance for Science and recently published a book promoting GMOs and arguing for African countries to accept them.

Experts in genetic engineering, biology, agroecology and food policy have criticized Lynas for making false claims, inaccurate statements, “unscientific, illogical and absurd” arguments, “relying on authority rather than data or research,” and making a career out of demonizing and insulting critics of the agrichemical industry.4 A 2018 statement by the Alliance for Food Sovereignty in Africa described Lynas as a “fly-in pundit” whose “contempt for African people, custom and tradition is unmistakable.”

Lynas has been a Visiting Fellow at Cornell University’s Office of International Programs at the College of Agriculture and Life Sciences since 2013. According to his website, he advises the Cornell Alliance for Science on their work in developing countries and teaches courses at Cornell. In 2015, Lynas described himself as the “political director” of Cornell Alliance for Science. He also serves on the advisory council of Sense About Science, a Monsanto partner group.

Read more about Mark Lynas and his background here.

Trevor Butterworth and Sense About Science/STATS: The Cornell Alliance for Science partners with Sense About Science USA to offer “statistical consultation for journalists,” and gives a platform to the group’s director Trevor Butterworth, who built his career defending products important to the chemical, junk food and drug industries, including phthalatesBPAvinyl plastic, fracking, formaldehyde in baby soapssugary sodasartificial sweeteners and Oxycontin.

Cornell Alliance for Science Visiting Fellow Trevor Butterworth built his career defending the chemical, junk food and drug industries.

Butterworth has been a Visiting Fellow at the Cornell Alliance for Science since 2016 and also teaches a statistics course at Cornell.

Journalists have described Butterworth’s former employer STATS, which he merged with Sense About Science USA in 2014, as a “disinformation campaign” that plays a key role in the “hardball politics of chemical regulation” and uses tobacco tactics to manufacture doubt about chemical risk. Both Sense About Science and STATS were founded by men who worked with the tobacco industry in the 1990s to downplay the risks of cigarettes.

Monsanto’s PR plan named Sense About Science as an industry partner, and suggested the group could “lead industry response” in the media. Read more about Butterworth, Sense About Science and STATS here.

Climate science skeptic Owen Paterson: In 2015, Cornell Alliance for Science hosted a visit by Owen Paterson, a British Conservative Party politician and well-known climate science skeptic who slashed funding for global warming mitigation efforts during his stint as UK Environment Minister. Paterson used the Cornell stage to promote GMOs with unscientific, inaccurate arguments and claims that environmental groups “allow millions to die.”

This post by a Monsanto-funded group shows how Cornell Alliance for Science spin echoes through industry’s messaging chamber.

The Monsanto-funded front group American Council on Science and Health promoted Paterson’s Cornell speech with an article by Gil Ross, a doctor who spent time in jail for Medicaid fraud, claiming that “billion dollar green campaigns kill poor children.”

A week after his Cornell talk, Paterson partnered with Mark Lynas of the Cornell Alliance for Science and Tracey Brown, director of Sense About Science in the UK, to launch the “ecomodernism movement,” a corporate-aligned, anti-regulation strain of “environmentalism” that Lynas said he co-founded. British writer George Monbiot describes ecomodernism as “take no action to protect the natural world.”

Opposes community efforts to regulate pesticides in Hawaii

Another example of how the Cornell Alliance for Science deploys fellows and staff members to assist with agrichemical industry lobbying efforts is the group’s campaign to defend pesticides and discredit public health advocates in Hawaii. The Hawaiian Islands are an important testing ground for genetically engineered crops, and also ground zero for high exposures to pesticides and concerns about pesticide-related health problems, including birth defects, cancer and asthma.

These concerns led residents to organize a years-long fight to pass stronger regulations to reduce pesticide exposures and improve disclosure of the chemicals used on agricultural fields. The Cornell Alliance for Science vigorously opposed those efforts, with staff members, fellows and associates writing many articles that tried to discredit elected officials and community groups in Hawaii working for reforms. Messengers of those pro-industry efforts include:

Sarah Thompson, a former employee of Dow AgroSciences, coordinates the Hawaii Alliance for Science, a “communications-based non-profit grassroots organization associated with the Cornell Alliance for Science.” The group launched in 2016, has 10 team members listed on its website, and says its purpose is to “ensure that Science can thrive in Hawaii.” Social media posts from the Hawaii Alliance for Science and its coordinator Thompson have described critics of the agrichemical industry as arrogant and ignorant people, celebrated corn and soy mono-crops and defended neonicotinoid pesticides which many studies and scientists say are harming bees.

Joan Conrow, Managing Editor and Visiting Fellow of Cornell Alliance for Science, and team member of Hawaii Alliance for Science, writes articles on her personal website, her “Kauai Eclectic” blog and for the industry front group Genetic Literacy Project trying to discredit health professionals, community groups and politicians in Hawaii who advocate for stronger pesticide protections. Conrow has accused environmental groups of tax evasion, ripped apart media reports about pesticide-related health concerns and compared a food safety group to the KKK.

Conrow has not always disclosed her Cornell affiliation. In August 2016, Hawaii’s Civil Beat newspaper criticized Conrow for her lack of transparency and cited her as an example of why the paper was changing its commenting policies. Conrow “often argued the pro-GMO perspective without explicitly mentioning her occupation as a GMO sympathist,” wrote journalism professor Brett Oppegaard. “Conrow also has lost her journalistic independence (and credibility) to report fairly about GMO issues, because of the tone of her work on these issues.”

Joni Kamiya, a 2015 Global Leadership Fellow with Cornell Alliance for Science and also on the team of Hawaii Alliance for Science, argues against pesticide regulations on her website Hawaii Farmer’s Daughter, in the media and also for the industry front group Genetic Literacy Project. She is an “ambassador expert” for the agrichemical industry-funded marketing website GMO Answers.

Like Conrow, Kamiya claims pesticide exposures in Hawaii aren’t a problem, and tries to discredit elected officials and “environmental extremists” who want to regulate pesticides. She promotes chemical industry front groups and industry consultants as “fearless sources” she loves on her website, and even includes the Center for Consumer Freedom, the front group started by Rick Berman, the “king of corporate front groups and propaganda” who was once profiled on 60 Minutes as “Dr. Evil” for his work as the “arch enemy” of regulations to protect health and the environment.

Cornell Alliance for Science staffers, advisors

The Cornell Alliance for Science describes itself as “an initiative based at Cornell University, a non-profit institution.” The Alliance does not disclose its budget, expenditures or staff salaries, and Cornell University does not disclose any information about the Cornell Alliance for Science in its tax filings.

The website lists 20 staff members, including the Director Sarah Evanega, PhD, and Managing Editor and Visiting Fellow Joan Conrow (it does not list Mark Lynas or other fellows who may also receive compensation). Other notable staff members listed on the website include:

The Cornell Alliance for Science advisory board includes academics who assist the agrichemical industry with their PR efforts.

More critiques of the Cornell Alliance for Science

  • 6 ways this Ivy League university is acting like a PR firm for junk food, GMOs and pesticides,” by Sophia Johnson, Salon
    • “The Cornell Alliance for Science is a PR front for the agrichemical industry.”
  • Why is Cornell University hosting a GMO propaganda campaign?” by Stacy Malkan, The Ecologist
    • This group “is promoting GMOs using dishonest messaging and PR tactics developed by agrichemical corporations with a long history of misleading the public about science.”
  • New York Farmers call on Cornell to evict the Cornell Alliance for Science,” press release from 67 organic farmers
    • “Careful examination of the Alliance for Science website reveals not a single critical assessment of genetic engineering, none of the reasonable questions that ecological precaution suggest, and no significant evaluation or critique of the way that increased use of genetically engineered seed, Round-Up Ready corn and soy in particular, has enabled the consolidation of power over the world’s food supply by fewer and fewer chemo-biotech corporations.”
  • One student’s experience of pro-GMO propaganda at Cornell,” by Robert Schooler, Independent Science News
    • “The GMO Debate course, which ran in the fall of 2015, was a blatant display of unscientific propaganda in an academic setting.”
  • The Puppetmasters of Academia,” by Jonathan Latham, PhD, Independent Science News
    • “The Alliance for Science is a PR project and international training center for academics and others who want to work with the biotech industry to promote GMOs.”
  • The War on Genetically Modified Food Critics,” by Timothy Wise, director of the Research and Policy Program at the Global Development and Environment Institute at Tufts University
    • “What we’re seeing is a concerted campaign (to) … paint GMO critics as anti-science while offering no serious discussion of the scientific controversy that still rages.”

Footnotes with additional information 

[1] The Gates Foundation has been criticized for spending the bulk of its agricultural development grants in wealthy countries on strategies that entrench corporate power. Numerous groups across Africa have reported concerns about the disappearance of traditional and organic food crops, the higher expenses of GMO seeds and agricultural chemicals, doubts about whether genetic engineering can deliver on promises and the limitations of GMO crops to deal with the complex realities of farming in Africa. In Burkina Faso, farmers abandoned an experiment with Monsanto’s bug-resistant cotton after it became clear the genetically engineered corn could not deliver the same high quality as the traditional homegrown variety. In South Africa, where more than 85% of corn and soy are genetically engineered to survive glyphosate-based Roundup weed killer, farmers are using more chemicals and doctors are raising concerns about growing rates of cancer.

Critiques of the Gates Foundation’s approach to agricultural development and funding include:

[2] More than half the 2018 Cornell Alliance for Science Global Leadership Fellows – 15 out of 27 – are identified in their bios as journalists or specialists in communication or marketing. Government administrators, biotechnology students and agribusiness representatives are also among the 2018 fellows chosen from seven countries: Nigeria, Uganda, Kenya, Ghana, Zambia, Zimbabwe and Tanzania. According to the Cornell University press release, the fellows will attend a 12-week intensive training program to learn “strategic planning, grassroots organizing, the science of crop biotechnology and effective communications” to help them advocate for access to biotechnology in their home countries.

[3] Dozens of emails obtained via FOIA by U.S. Right to Know, and now posted in the UCSF chemical industry documents library, show Dr. Evanega and the Cornell Alliance for Science coordinating closely with the agrichemical industry and their academic allies to coordinate events and messaging:

[4] Critiques and corrections of Mark Lynas include:

Cancer Taking Toll As New Roundup Trials Near

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For the last five years, Chris Stevick has helped his wife Elaine in her battle against a vicious type of cancer that the couple believes was caused by Elaine’s repeated use of Monsanto’s Roundup herbicide around a California property the couple owned. Now the roles are reversed as Elaine must help Chris face his own cancer.

Chris Stevick, who often mixed Roundup for his wife and tested the sprayer used to dispense the weed killer, was diagnosed last month with chronic lymphocytic leukemia (CLL), a type of non-Hodgkin lymphoma. Unlike Elaine’s aggressive type of NHL known as central nervous system lymphoma, Chris’s cancer is a type that tends to grow slowly. He was diagnosed after a physical examination showed abnormalities in his blood and prompted further tests.

The diagnosis has prompted a scramble among lawyers involved in the sprawling Roundup products liability litigation given that the Stevick’s lawsuit against Monsanto is set as the next federal case to go to trial.

With the trial date of Feb. 24, 2020 looming, Elaine Stevick’s lawyers asked Monsanto’s attorneys if the company would agree that Chris Stevick’s cancer claims could be joined with his wife’s for the February trial in San Francisco. The attorneys argue that at the very least Chris Stevick’s diagnosis is admissible evidence at his wife’s trial as additional proof of their claim that Roundup exposure can cause non-Hodgkin lymphoma.

Monsanto’s attorneys oppose the joining of the claims and say that Elaine Stevick’s trial should only proceed in February if there is no mention made of her husband’s cancer. Alternatively, Monsanto requests that the February trial be delayed and the company be given time to do discovery into Chris Stevick’s diagnosis.

The issue is to be discussed in a case management conference Thursday, which the Stevicks plan to attend. U.S. District Judge Vince Chhabria said ahead of the hearing that he is “tentatively of the view” that a continuance of the trial will be necessary if the couple wants to try their claims together. He also said that if Elaine Stevick proceeds on her exposure claims alone, evidence of her husband’s cancer diagnosis “will likely be inadmissible….”

If the judge confirms that joining the claims would indeed require a continuance, Elaine Stevick will choose to proceed on her own in February, said attorney Mike Miller.

Earlier this year another husband and wife suffering from cancer, Alva and Alberta Pilliod, were awarded more than $2 billion in damages in their lawsuit against Monsanto, though the judge in the case lowered the damage award to $87 million. The Pilliod trial was the third Roundup products liability trial to take place and the third in which juries found that Monsanto’s Roundup herbicides cause non-Hodgkin lymphoma and that the company has hidden the risks from consumers. Alberta Pilliod’s cancer has recently returned and it is not clear she will survive much longer, according to her attorneys.

None of the people so far awarded money in the three trials have received any payout from Monsanto as its owner Bayer AG appeals the verdicts.

There are currently more than 42,000 people suing Monsanto in the United States, alleging that Monsanto’s herbicides cause non-Hodgkin lymphoma. The lawsuits additionally allege that the company was well aware of the dangers but did nothing to warn consumers, working instead to manipulate the scientific record.

The Stevick trial is only one of at least six in five different venues slated for January and February, with each expected to last several weeks. Many lawyers are involved in more than one of the cases, and all have overlapping expert witnesses, setting up organizational and resource challenges for both sides. Multiple trials that had been set for this fall were delayed until next year.

In the meantime, both sides of the litigation are keeping an eye on the California Appellate Court, where lawyers for plaintiff Dewayne “Lee” Johnson and lawyers for Monsanto are awaiting a date for oral arguments in their cross appeals. Monsanto is seeking to overturn the unanimous jury decision handed down against the company in August 2018. The trial judge in that case lowered the jury award from $289 million to $78 million and Johnson is appealing for the reinstatement of the full $289 million.

Johnson was the first to go to trial against Monsanto and his victory sent share prices in Bayer plummeting just two months after Bayer closed the purchase of Monsanto in June 2018. Johnson was  granted “trial preference” due to predictions by his doctors that he did not have long to live. Johnson has outlived those predictions, though his health continues to decline.

As the litigation drags on, several plaintiffs have died or are nearing death, or have suffered such extreme health problems that their ability to undergo the rigors of depositions and trials has become limited.

In some cases, family members are being substituted as plaintiffs for deceased loved ones. In legal parlance, the notices to the courts are titled “Suggestion of Death.”

As Roundup cancer lawsuits surge, Monsanto fights to keep PR work secret

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As Monsanto continues to battle legal claims over alleged dangers of its widely used Roundup herbicides, the company is trying to block orders to turn over internal records about its work with public relations and strategic consulting contractors.

In a series of filings in St. Louis Circuit Court, Monsanto argues that it should not have to comply with discovery requests involving certain dealings between it and the global public relations firm FleishmanHillard, despite the fact that a special master has found Monsanto should hand those documents over. Monsanto is asserting that its communications with FleishmanHillard should be considered “privileged,” similar to attorney-client communications, and that Monsanto should not have to produce them as part of discovery to the lawyers representing the cancer patients suing Monsanto.

FleishmanHillard became the agency of record for Monsanto’s “corporate reputation work” in 2013, and its employees became deeply involved with the company, working “at Monsanto’s offices nearly every day” and gaining “access to online repositories of non-public confidential information,”  the company said. “The fact that some of these communications involve the creation of public messaging does not strip them of privilege,” Monsanto said in its court filing.

FleishmanHillard worked on two projects for Monsanto in Europe regarding re-registration of
glyphosate and worked with Monsanto lawyers on a “specific project for jury research.” The nature of the work done by the public relations firm “required privileged communications” with Monsanto’s legal counsel, the company said.

Earlier this year Monsanto owner Bayer AG said it was ending Monsanto’s relationship with FleishmanHillard after news broke that the public relations firm engaged in a Europe-wide data collection scheme for Monsanto, targeting journalists, politicians and other stakeholders to try to influence pesticide policy.

Monsanto has taken a similar position with respect to communications involving its work with corporate image management company FTI Consulting, which Monsanto hired in June 2016. “The absence of an attorney on a privileged document also does not automatically render that document susceptible to a privilege challenge,” Monsanto said in its filing.

Earlier this year, an FTI employee was caught impersonating a journalist at one of the Roundup cancer trials, trying to suggest story lines for other reporters to pursue that favored Monsanto.

The company also wants to avoid handing over documents involving its relationship with Scotts Miracle-Gro Company, which has been marketing and selling Monsanto’s Roundup lawn and garden products since 1998.

More than 40,000 cancer victims or their family members are now suing Monsanto blaming exposure to the company’s line of Roundup herbicides for their diseases, according to Bayer. The lawsuits allege that exposure to Monsanto’s herbicides caused the plaintiffs to develop non-Hodgkin lymphoma and that though Monsanto knew about the cancer risks, it intentionally did not warn consumers.

Bayer held a conference call with investors Wednesday to discuss its third quarter results and to update shareholders on the Roundup litigation.  Striking a reassuring tone, Bayer CEO Werner Baumann said that while investors might be surprised at the high number of lawsuits, it is “actually not that surprising.” He said plaintiffs’ attorneys in the United States have been spending tens of millions of dollars advertising for clients.

“This increase in the number of lawsuits does not change our conviction of the safety profile of glyphosate and is by no means a reflection of the merits of this litigation,” Baumann said. Appeals are underway after the company lost the first three trials, and the company is “constructively” engaging in mediation, according to Baumann. Bayer will only agree to a settlement that is “financially reasonable” and will bring “reasonable closure to the overall litigation,” he said.

Though the company refers to it as “glyphosate” litigation, the plaintiffs allege that their cancers were not caused by exposure to glyphosate alone, but by exposure to glyphosate-based formulated products made by Monsanto.

Many scientific studies have shown that the formulations are much more toxic than glyphosate by itself. The U.S. Environmental Protection Agency (EPA) has not required long-term safety studies on Roundup formulations throughout the 40-plus years the products have been on the market, and internal company  communications between Monsanto scientists have been obtained by plaintiffs’ attorneys in which the scientists discuss the lack of carcinogenicity testing for Roundup products.

Multiple trials that were scheduled for this fall in the St. Louis, Missouri area have been delayed until next year.

An Unappetizing Analysis from the FDA

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Last month the Food & Drug Administration published its latest annual analysis of the levels of pesticide residues that contaminate the fruits and veggies and other foods we Americans routinely put on our dinner plates. The fresh data adds to growing consumer concern and scientific debate over how pesticide residues in food may contribute – or not – to illness, disease and reproductive problems.

Over 55 pages of data, charts and graphs, the FDA’s “Pesticide Residue Monitoring Program” report also provides a rather unappetizing example of the degree to which U.S. farmers have come to rely on synthetic insecticides, fungicides and herbicides in growing our food.

We learn, for instance, in reading the latest report, that traces of pesticides were found in 84 percent of domestic samples of fruits, and 53 percent of vegetables, as well as 42 percent of grains and 73 percent of food samples simply listed as “other.” The samples were drawn from around the country, including from California, Texas, Kansas, New York and Wisconsin.

Roughly 94 percent of grapes, grape juice and raisins tested positive for pesticide residues as did 99 percent of strawberries, 88 percent of apples and apple juice, and 33 percent of rice products, according to the FDA data.

Imported fruits and vegetables actually showed a lower prevalence of pesticides, with 52 percent of fruits and 46 percent of vegetables from abroad testing positive for pesticides. Those samples came from more than 40 countries, including Mexico, China, India and Canada.

We also learn that for the most recently reported sampling, among the hundreds of different pesticides, the FDA found traces of the long-banned insecticide DDT in food samples, as well as chlorpyrifos, 2,4-D and glyphosate.  DDT is linked to breast cancer, infertility and miscarriage, while chlorpyrifos – another insecticide – has been scientifically shown to cause neurodevelopmental problems in young children.

Chlorpyrifos is so dangerous that the European Food Safety Authority has recommended a ban of the chemical in Europe, finding that there is no safe exposure level. The herbicides 2,4-D and glyphosate are both linked to cancers and other health problems as well.

Thailand recently said it was banning glyphosate and chlorpyrifos due to the scientifically established risks of these pesticides.

Despite the prevalence of pesticides found in U.S. foods, the FDA, along with the Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA), assert that pesticide residues in food are really nothing to worry about. Amid heavy lobbying by the agrichemical industry the EPA has actually supported continued use of glyphosate and chlorpyrifos in food production.

The regulators echo the words of Monsanto executives and others in the chemical industry by insisting that pesticide residues pose no threat to human health as long as the levels of each type of residue falls under a “tolerance” level set by the EPA.

In the most recent FDA analysis, only 3.8 percent of domestic foods had residue levels that were considered illegally high, or “violative.” For imported foods, 10.4 percent of the foods sampled were violative, according to the FDA.

What the FDA did not say, and what regulatory agencies routinely avoid saying publicly, is that the tolerance levels for certain pesticides have risen over the years as the companies that sell the pesticides request higher and higher legal limits. The EPA has approved several increases allowed for glyphosate residues in food, for instance. As well, the agency often makes the determination that it need not comply with a legal requirement that states the EPA  “shall apply an additional tenfold margin of safety for infants and children” in setting the legal levels for pesticide residues. The  EPA has overridden that requirement in the setting of many pesticide tolerances, saying no such extra margin of safety is needed to protect children.

The bottom line: The higher the EPA sets the “tolerance” allowed as the legal limit, the lower the possibility that regulators will have to report “violative” residues in our food.  As a result, the U.S. routinely allows higher levels of pesticide residues in food than other developed nations. For example, the legal limit for the weed killer glyphosate on an apple is 0.2 parts per million (ppm) in the United States but only half that level – 0.1 ppm – is allowed on an apple in the European Union. As well, the U.S. allows residues of glyphosate on corn at 5 ppm, while the EU allows only 1 ppm.

As legal limits rise for pesticide residues in food, many scientists have been increasingly raising alarms about the risks of regular consumption of the residues, and the lack of regulatory consideration of the potential cumulative impacts of consuming an array of bug and weed killers with every meal.

A team of Harvard scientists are calling for in-depth research about potential links between disease and consumption of pesticide as they estimate that more  than 90 percent of people in the United States have  pesticide residues in their urine and blood due to consumption of pesticide-laced foods.  A study connected to Harvard found that dietary pesticide exposure within a “typical” range was associated both with problems women had getting pregnant and delivering live babies.

Additional studies have found other health problems tied to dietary exposures to pesticides, including to glyphosate.  Glyphosate is the most widely used herbicide in the world and is the active ingredient in Monsanto’s branded Roundup and other weed killing products.

Pesticide Industry Push Back 

But as the concerns mount, agrichemical industry allies are pushing back. This month a group of three researchers with long-standing close ties to the companies that sell agricultural pesticides released a report seeking to soothe consumer worries and discount the scientific research.

The report, which was issued Oct. 21, stated that “there is no direct scientific or medical evidence indicating that typical exposure of consumers to pesticide residues poses any health risk. Pesticide residue data and exposure estimates typically demonstrate that food consumers are exposed to levels of pesticide residues that are several orders of magnitude below those of potential health concern.”

Not surprisingly, the three authors of the report are closely tied to the agrichemical industry. One of the report’s authors is Steve Savage, an agrichemical industry consultant and former DuPont employee. Another is Carol Burns, a former scientist for Dow Chemical and current consultant for Cortevia Agriscience, a spin-off of  DowDuPont. The third author is Carl Winter, Chair of the Department of Food Science and Technology at the University of California at Davis. The university has received approximately $2 million a year from the agrichemical industry, according to a university researcher, though the accuracy of that figure has not been established.

The authors took their report directly to Congress, holding three different presentations in Washington, D.C., designed to promote their message of pesticide safety for use in “media food safety stories, and consumer advice regarding which foods consumers should (or should not) consume.”

The pro-pesticide sessions were held at the office buildings for members of Congress and, appropriately it seems, at the headquarters for CropLife America, the lobbyist for the agrichemical industry. 

 

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.

Recent news:

  • September 2019: New York Times investigation by Andrew Jacobs reported that a trustee of the industry-funded nonprofit ILSI advised the Indian government against going ahead with warning labels on unhealthy foods. The Times described ILSI as a “shadowy industry group” and “the most powerful food industry group you’ve never heard of.” 
  • The Times cited a June 2019 study in Globalization and Health co-authored by Gary Ruskin of U.S. Right to Know reporting that ILSI operates as a lobby arm for its food and pesticide industry funders.
  • October 2019: The New York Times revealed the undisclosed ILSI ties of Bradley C. Johnston, a co-author of five recent studies that claimed red and processed meat don’t pose significant health problems. Johnston used similar methods to claim sugar is not a problem in a study funded by the food industry via ILSI.
  • See also Marion Nestle’s Food Politics blog: ILSI: true colors revealed

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 

The New York Times reported on ILSI’s influence in India in its article titled, “A Shadowy Industry Group Shapes Food Policy Around the World.”

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:

Untangle food industry influences, Nature Medicine (2019)

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.”

Another St. Louis Roundup Cancer Trial Officially Postponed Until 2020

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A trial set to start next week over claims that Monsanto’s Roundup weed killers cause cancer has been postponed until at least next year, according to a judge’s ruling on Friday.

The trial would have been the first of its kind to take place in the St. Louis area, Monsanto’s hometown before the company sold to German pharmaceutical giant Bayer AG last year.

Two previously scheduled trials in St. Louis area were also postponed until next year. The status of the trial that had been due to start next week  – Walter Winston, et al v. Monsanto – had already been in doubt for weeks but the delay was made official Friday:

“Whereas the parties in the above-captioned case have requested that the Court take the trial in the above-captioned case off calendar, it is hereby ORDERED that the trial, scheduled for october 15, 2019 will not begin as scheduled. Cause set for status on Feb 10, 2020 @ 9:00 a.m. SO ORDERED: JUDGE MICHAEL MULLEN.”

The Winston case has been unraveling a thread at a time over issues of venue. The case was filed in St. Louis City Court but last month Mullen, who is a St. Louis Circuit Court Judge,  transferred all plaintiffs except Winston from the city court to St. Louis County. Lawyers for the plaintiffs then sought to have the trial take place in the county court on Oct. 15, a position Monsanto opposed. Last week, a judge in the county ruled against the plaintiffs bid for that trial date.

Lawyers for the plaintiffs are now asking for a trial date later this year or early next year. With the transfer of the 13 plaintiffs out of the Winston case in St. Louis City, the case in St. Louis County is now titled Kyle Chaplick, et al v. Monsanto.

“Monsanto’s repeated attempts to avoid the trial…  should be rejected, and the case should be set for trial in 2019 or as soon thereafter as is practicable,”‘ the plaintiffs’ attorneys stated in a motion filed Oct. 3.

The 14 plaintiffs who were in the Winston case are among more than 18,000 people in the United States suing Monsanto claiming that exposure to the company’s glyphosate-based herbicides caused them to develop non-Hodgkin lymphoma and that Monsanto hid the risks associated with its weed killers.

Three juries in three trials over similar claims have found in favor of plaintiffs and ordered large punitive damages against Monsanto.

Bayer and lawyers for the plaintiffs are engaged in discussions about a potential global settlement  of the litigation. Bayer has been dealing with a depressed share price and disgruntled investors ever since the Aug. 10, 2018 jury decision in the first Roundup cancer trial. The jury awarded California groundskeeper Dewayne “Lee” Johnson $289 million and found that Monsanto acted with malice in suppressing information about the risks of its herbicides.

Monsanto Makes New Bid to Block St. Louis Trial

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Less than a month away from what would be the fourth Roundup cancer trial to pit cancer victims against the former agrochemical giant Monsanto Co., lawyers for the opposing sides continue to battle over how, when and where the case should – or should not – be heard.

Lawyers for Monsanto and for its German owner Bayer AG, sent a letter last week to the presiding judge in St. Louis County Circuit Court seeking action that would break up the group of plaintiffs into many smaller groups and delay the trial date of Oct. 15 that was previously set for 14 plaintiffs who had been grouped under the case Winston V. Monsanto.

Lead plaintiff Walter Winston and 13 others from around the country were set for trial in St. Louis City Court but Monsanto protested the venue for all the plaintiffs except Winston and after months of battling between the lawyers for both sides, St. Louis Circuit Court Judge Michael Mullen transferred all plaintiffs except Winston to St. Louis County in a Sept. 13 order.  A Missouri Supreme Court ruling early this year found it was improper for plaintiffs’ attorneys to anchor plaintiffs from outside the area to someone who had proper venue to bring a lawsuit in St. Louis.

Plaintiffs attorneys have been working to keep all 14 plaintiffs together and on track for an Oct. 15 trial, seeking approval for Judge Mullen to take a temporary assignment to the county for the purposes of trying the Roundup case. But Monsanto protested that effort, calling it an “extraordinary  proposal” in the company’s Sept. 19 letter to St. Louis County Judge Gloria Clark Reno.

The company said the plaintiffs’ attorneys “have only themselves to blame for the position they are now in. At the time they filed their claims, venue in the City of St. Louis was not proper… The Missouri Supreme Court’s decision… flatly confirmed that conclusion.”

Additionally, Monsanto’s lawyers argued in their letter that any trial should have no more than two plaintiffs: “A joint trial of the disparate claims of thirteen plaintiffs – claims arising under the law of three different states – would inevitably and impermissibly confuse the jury and deprive Monsanto of a fair trial.”

The Winston lawsuit, filed in March of 2018, would be the first trial to take place in the St. Louis area. Two trials that had been set to start in St. Louis in August and September have been delayed.

Before selling to Bayer last year, Monsanto was based in the suburb of Creve Coeur and was one of the largest St. Louis area-based employers.  Roundup cancer trials that had been set for St. Louis area in August and September have both already been delayed until next year. The back and forth battling over where and when the Winston trial may or may not take place has been ongoing for more than a year.

The plaintiffs in the Winston case are among more than 18,000 people in the United States suing Monsanto claiming that exposure to the company’s glyphosate-based herbicides caused them to develop non-Hodgkin lymphoma and that Monsanto hid the risks associated with its weed killers. Three juries in three trials over similar claims have found in favor of plaintiffs and ordered large punitive damages against Monsanto.

Bayer and lawyers for the plaintiffs are engaged in discussions about a potential global settlement  of the litigation. Bayer has been dealing with a depressed share price and disgruntled investors ever since the Aug. 10, 2018 jury decision in the first Roundup cancer trial. The jury awarded California groundskeeper Dewayne “Lee” Johnson $289 million and found that Monsanto acted with malice in suppressing information about the risks of its herbicides.