Monsanto’s Campaign Against U.S. Right To Know: New Documents

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Internal documents released in August provide a rare look into the public relations machinery at Monsanto, and how the company tried to contain an investigation by U.S. Right to Know into its relationships with academics and other third parties who promote Monsanto products. USRTK, a small nonprofit research group focused on the food industry, has made numerous public records requests to taxpayer-funded universities and academics since 2015, leading to revelations about secretive industry collaborations.

The documents posted here show that Monsanto worried the “USRTK investigation will impact the entire industry” and had the “potential to be extremely damaging,” and so deployed 11 Monsanto employees, two PR firms, GMO Answers and other third-party allies to try to discredit the group. Monsanto also adopted a strategy to counter the reporting of Carey Gillam and her investigative book about the company’s herbicide business. Gillam is research director at USRTK.

“Monsanto had a ‘Carey Gillam Book’ spreadsheet, with more than 20 actions dedicated to opposing her book before its publication, including working to ‘Engage Pro-Science Third Parties’ in criticisms, and partnering with ‘SEO experts’ to spread its attacks,” reported Sam Levin in the Guardian. Monsanto also investigated singer Neil Young, the documents reveal.

Update: New documents posted August 18 reveal more details about Monsanto’s covert public relations operations, including how the company deployed allies to write letters and op-eds to criticize the International Agency for Research on Cancer (IARC) over its classification of glyphosate as a probable carcinogen — materials that were intended to look like they originated outside Monsanto. Other documents discuss “media training” for farmers and others who could push Monsanto talking points as independent third parties, and communications showing FTI Consulting, which had Monsanto as a client, discussing with U.S. House of Representatives staff how to insert language into legislation that would cut funding to IARC. See coverage of the new documents in The Intercept, “Emails show Monsanto orchestrated GOP efforts to intimidate cancer researchers.

Monsanto’s plan to discredit USRTK: internal documents and key themes 

Monsanto was deeply worried about USRTK Co-director Gary Ruskin’s FOIA investigation, and had an elaborate plan to counteract it. 

Monsanto was concerned that the FOIAs would uncover its influence in the regulatory and policy process, payments to academics and their universities, and collaborations with academics in support of industry public relations goals. Monsanto wanted to protect its reputation and “freedom to operate,” and to “position” the investigation as “an attack on scientific integrity and academic freedom.”

  • “USRTK’s plan will impact the entire industry, and we will need to coordinate closely with BIO and CBI/GMOA throughout the planning process and on any eventual responses,” according to Monsanto’s “U.S. Right to Know FOIA Communications Plan” dated July 25, 2019. BIO is the biotech industry trade association and Council for Biotechnology Information/GMO Answers is a marketing program to promote GMOs run by Ketchum PR firm and funded by the largest agrichemical companies – BASF, Bayer (which now owns Monsanto), Corteva (a division of DowDuPont) and Syngenta.

The companies have pitched GMO Answers as a transparency initiative  to answer questions about GMOs with the voices of “independent experts,” however the documents described here, along with a previously released Monsanto PR plan, suggest that Monsanto relies on GMO Answers as a vehicle to push the company’s messaging.

From page 2, “Monsanto Company Confidential … U.S. Right to Know FOIA Communications Plan

  • “Any situation related to this issue has the potential to be extremely damaging, regardless of how benign the information may seem,” according to a GMO Answers Communications Plan in the document (page 23).

  • “*Worst case scenario*”: “Egregious email illustrates what would be the smoking gun of the industry (e.g. email shows expert/company covering up unflattering research or showing GMOs are dangerous/harmful)” (page 26)

  • The plan called for triggering “emergency calls” with the GMO Answers steering committee if the reach/escalation were serious enough. (page 23)
  • In some cases, Monsanto employees expected access to documents before U.S. Right to Know, even though USRTK requested the documents through state FOI. For UC Davis requests: “We will have a pre-release view of documents”. (page 3)
  • 11 Monsanto employees from 5 departments; two staffers from the trade group BIO and a staffer from GMO Answers/Ketchum were listed as “key contacts” in the plan (page 4). Two employees from FleishmanHillard were involved in assembling the plan (see agenda email).

Monsanto was also concerned about Carey Gillam’s book and tried to discredit it.

Several of the newly released documents relate to Monsanto’s efforts to counteract the reporting of Carey Gillam and her book that investigates the company’s herbicide business: “Whitewash: The Story of a Weed Killer, Cancer and the Corruption of Science” (Island Press, 2017). Gillam is a former reporter for Reuters and current research director of U.S. Right to Know.

The documents include Monsanto’s  20-page “Issues Management / Communication Strategy” for Gillam’s book, with eight Monsanto staffers assigned to preparing for the October 2017 release of Gillam’s book. The strategy was to “minimize media coverage and publicity of this book this summer/fall by pointing to “truths” regarding farming …” 

An Excel spreadsheet titled “Project Spruce: Carey Gillam Book” describes 20 action items, with plans including paid placement for a post to appear on Google with a search for “Monsanto glyphosate Carey Gillam,” generating negative book reviews, and plans to “engage regulatory authorities” and “Pro-Science Third Parties,” including Sense About Science, Science Media Centre, the Global Farmer Network and the “Campaign for Accuracy in Public Health Research,” a project of the American Chemistry Council.

The documents reveal the existence of the Monsanto Corporate Engagement Fusion Center. 

Monsanto planned to “Work with the Fusion Center to monitor USRTK digital properties, the volume and sentiment related to USRTK/FOIA, as well as audience engagement.” (page 9) For more about corporate fusion centers, see:

Monsanto makes frequent references to working with third parties to counteract USRTK.

Others mentioned in the plans included:

Newly released documents list

Monsanto’s campaign to counteract the U.S. Right to Know public records investigation

Monsanto U.S. Right to Know FOIA Communications Plan 2019
July 25, 2019: Monsanto’s 31-page strategy plan to counteract the FOIA investigation. “USRTK’s plan will impact the entire industry…. Any situation related to this issue has the potential to be extremely damaging…”

Monsanto USRTK FOIA meeting agenda
May 15, 2016: Agenda for a meeting to discuss the USRTK FOIAs with eight Monsanto and two FTI Consulting employees.

Monsanto Comprehensive USRTK FOIA Preparedness and Reactive Plan 2016
May 15, 2016: Earlier draft of the Monsanto strategy to deal with the FOIAs (35 pages).

Monsanto response to FOIA article
February 1, 2016: Monsanto employees crafted a communications plan to provide a “10,000 foot view” of how Monsanto works with public sector scientists and/or provides funding to public sector programs – but not details about which universities they fund or how much. The plan responded to an article Carey Gillam wrote for USRTK, based on documents obtained by FOIA, reporting on undisclosed Monsanto funding to University of Illinois Professor Bruce Chassy.

Unfortunate language AgBioChatter Biofortified boys

  • September 2015: Discussion about “unfortunate” language used by an industry representative to communicate with academics and whether AgBioChatter, a list serve of academics and industry reps, was private or confidential. Karl Haro von Mogel of the GMO promotion group Biofortified advised AgBioChatter members to take “the Ruskin Cleanse” of their private emails to prevent damaging disclosures via FOIA.
  • Bruce Chassy shared with the AgBioChatter list his responses to a fact checker for Mother Jones (“I plan to respond without providing the requested information”) and his correspondence with Carey Gillam in response to her queries for Reuters about his industry ties.

Monsanto’s plans to discredit Carey Gillam’s Book

“Monsanto Company Confidential Issues Management / Communication Strategy” for Carey Gillam’s Book (October 2017)

“Project Spruce: Carey Gillam Book” Excel spreadsheet with 20 action items (September 11, 2017)

Monsanto and FTI Consulting employees discuss the Gillam action plan (September 11, 2017)

Monsanto video prep plans for Gillam book

Monsanto push back on Reuters editors
October 1, 2015: Email from Monsanto’s Sam Murphey: “We continue to push back on her editors very strongly every chance we get. And we all hope for the day she gets reassigned.”

Roundup “Reputation Management”

Reputation Management for Roundup 2014
February 2014: “L&G Reputation Management Sessions Summary, Lyon Feb. 2014” Power Point, with slides that describe what “we want to be known for / we want to avoid being linked with,” and what’s needed to win the argument about glyphosate safety.  “Question… are we just managing and delaying decline (like tobacco)?”

Roundup reputation management slide 2014:

Background on U.S. Right to Know investigations

U.S. Right to Know is a non-profit investigative research group focused on the food industry. Since 2015, we have obtained hundreds of thousands of pages of corporate and regulatory documents via Freedom of Information Act (FOIA), U.S. state and international public records requests, and whistleblowers. These documents shine light on how food and agrichemical companies work behind the scenes with publicly funded academics and universities, front groups, regulatory agencies and other third party allies to promote their products and lobby for deregulation.

News coverage based on documents from USRTK Co-director Gary Ruskin’s investigation of the agrichemical industry:

    • New York Times: Food Industry Enlisted Academics in G.M.O. Lobbying War, Emails Show, by Eric Lipton
    • Boston Globe: Harvard Professor Failed to Disclose Connection, by Laura Krantz
    • The Guardian: UN/WHO Panel in Conflict of Interest Row over Glyphosate Cancer Risk, by Arthur Neslen
    • CBC: University of Saskatchewan Prof Under Fire for Monsanto Ties, by Jason Warick
    • CBC: U of S Defends Prof’s Monsanto Ties, But Some Faculty Disagree, by Jason Warick
    • Mother Jones: These Emails Show Monsanto Leaning on Professors to Fight the GMO PR War, by Tom Philpott
    • Global News: Documents Reveal Canadian Teenager Target of GMO Lobby, by Allison Vuchnich
    • Le Monde: La discrète influence de Monsanto, by Stéphane Foucart.
    • The Progressive: Flacking for GMOs: How the Biotech Industry Cultivates Positive Media — and Discourages Criticism, by Paul Thacker
    • Freedom of the Press Foundation: How corporations suppress disclosure of public records about themselves, by Camille Fassett
    • WBEZ: Why Didn’t an Illinois Professor Have to Disclose GMO Funding?, by Monica Eng
    • Saskatoon Star Phoenix: Group Questions U of S Prof’s Monsanto Link, by Jason Warick

For more information about the U.S. Right to Know documents, see our investigations page, examples of global news coverage and academic papers based on the documents. Many of the documents are posted in the free, searchable UCSF Industry Documents Library.

Donate to USRTK to help us expand our investigations and keep bringing you this crucial information about our food system. USRTK.org/donate

Tracking the Agrichemical Industry Propaganda Network

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Propaganda: information, especially of a biased or misleading nature, used to promote or publicize a particular political cause or point of view

Just four corporations now control more than 60% of the global supply of seeds and pesticides. Public oversight of their activities is crucial for a safe and healthy food supply. Yet these companies – Monsanto/Bayer, DowDuPont, Syngenta and BASF – have documented histories of hiding the health risks and environmental harms of their products. Since their records do not inspire trust, these companies rely on third-party allies to promote and defend their products.

U.S. Right to Know has uncovered many documents that shine light on the hidden corporate connections of front groups, academics, journalists and regulators who work with the pesticide companies to promote GMOs and pesticides and discredit critics, including journalists, scientists and public health groups; the following fact sheets document our findings. 

Update: Newly released Monsanto documents reveal their full-court-press campaign to try to discredit our investigation and the work of our colleague, journalist and author Carey Gillam. “USRTK’s investigation has the potential to impact the entire industry,” according to Monsanto. See the documents here

Academics Review: the making of a Monsanto front group

AgBioChatter: where corporations and academics plotted strategy on GMOs and pesticides

Alison Van Eenennaam: key outside spokesperson and lobbyist for the agrichemical and GMO industries

American Council on Science and Health is a corporate front group

Bayer’s Shady PR Firms: FleishmanHillard and Ketchum PR

Biofortified aids chemical industry PR & lobbying efforts

Center for Food Integrity food and agrichemical industry PR partners

Cornell Alliance for Science is a public relations campaign at Cornell to promote GMOs

Drew Kershen: agrichemical industry front group ringleader

Food Evolution GMO Documentary is a misleading propaganda film, say many academics

Geoffrey Kabat: ties to tobacco and chemical industry groups

Glyphosate Spin Check: tracking claims about the most-widely used herbicide

GMO Answers is a crisis management PR tool for GMOs & pesticides

Hank Campbell’s maze of Monsanto-loving science blogs

Henry I. Miller dropped by Forbes for Monsanto ghostwriting scandal

Independent Women’s Forum: Koch-funded group defends pesticide, oil, tobacco industries

International Food Information Council (IFIC): how Big Food spins bad news

International Life Sciences Institute (ILSI) is a food industry lobby group, documents show

Jay Byrne: meet the man behind the Monsanto PR machine

Jon Entine, Genetic Literacy Project: key messengers for Monsanto, Bayer and the chemical industry

Keith Kloor: how a science journalist worked with industry allies behind the scenes

Kevin Folta’s misleading and deceptive claims

Mark Lynas of Cornell Alliance for Science promotes the agrichemical industry’s commercial agenda

Monsanto named these “industry partners” in its PR plan to confront glyphosate cancer ruling (2015)

Nina Federoff mobilized the authority of American science to back Monsanto

Pamela Ronald’s ties to chemical industry front groups

SciBabe says eat your pesticides, but who is paying her?

Science Media Centre promotes corporate views of science

Sense About Science/STATS spin science for industry

Tamar Haspel misleads readers of the Washington Post in her food columns

Val Giddings: former BIO VP is a top operative for the agrichemical industry

More fact sheets about key front groups, trade groups and PR writers:

BIO: biotech industry trade group

Calorie Control Council

Center for Consumer Freedom

Crop Life International

International Life Sciences Institute

International Dairy Association

Julie Kelly

Kavin Senapathy/MAMMyths

Ketchum PR

U.S. Farmers and Ranchers Alliance

Science fact sheets:

Aspartame: Decades of Science Point to Serious Health Risks

Aspartame Tied to Weight Gain, Increased Appetite, Obesity

Glyphosate: Health Concerns About Most Widely Used Pesticide

You can learn more about the findings of the U.S. Right to Know investigation here and see here for a list of global news coverage about our top findings. If you like our work, please consider donating here to keep the USRTK investigation cooking.

Tech, Medical and Farm Groups Ask Appeals Court to Overturn Verdict Against Monsanto

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Groups representing farm, medical and biotechnology interests have filed briefs with the California Court of Appeal, aligning with Monsanto in asking the court to overturn last summer’s jury verdict that found Monsanto’s glyphosate-herbicides cause cancer and determined that the company spent years covering up the risks.

The groups are urging the appeals court to either throw out the win a San Francisco jury gave to school groundskeeper Dewayne “Lee” Johnson in August of 2018 or to invalidate an order for Monsanto to pay punitive damages to Johnson. The Johnson trial was the first against Monsanto over claims that its glyphosate-based herbicides such as Roundup can cause non-Hodgkin lymphoma.

Johnson is one of more than 18,000 plaintiffs making similar claims. The lawsuits allege that Monsanto was aware of scientific research showing an association between its herbicides and cancer but rather than warn consumers the company worked to suppress the research and manipulate scientific literature.

The jury in the Johnson case decided Monsanto should pay $289 million in damages, including $250 million in punitive damages. The trial judge in the case later slashed the punitive damage amount, reducing the total award to $78 million. Two other juries in subsequent trials over similar claims have also found in favor of plaintiffs and ordered large punitive damages against Monsanto.

Monsanto appealed the verdict and Johnson cross-appealed, seeking reinstatement of the full $289 million. Oral arguments are expected in this appeals court this fall with a potential decision from the appeals court before the end of the year.

One of the parties filing a brief supporting Monsanto’s position is Genentech Inc., a San Francisco biotech company with a history of doing research for cancer treatments. In its appeal to the court, Genentech argues that it has expertise as a “science company” and sees the Johnson verdict as a threat to scientific progress. “Courts must ensure the proper use of science in the courtroom in order for innovation to flourish in the marketplace…” the Genentech brief states.

Genentech announced earlier this year a fast-track review from the Food and Drug Administration for a drug treatment for people with non-Hodgkin lymphoma.

In backing Monsanto’s appeal, Genentech echoed complaints by Monsanto that Johnson’s lawyers did not properly present expert scientific testimony: “Genentech writes to highlight the importance of the proper screening of scientific expert testimony for companies with scientifically innovative products and consumers who rely on their innovations.”

The company also sided with Monsanto on the issue of punitive damages, arguing that companies should not be subject to punitive damages if their product has been reviewed by a regulatory agency such as the Environmental Protection Agency (EPA) and found to not pose a risk to human health.

“Allowing juries to award punitive damages for products that have been specifically examined and approved by regulatory agencies creates a large risk of confusion for life-science-based companies and may deter the progress of science,” the Genentech brief states. “If such punitive damages awards are allowed, companies face the risk of massive punitive damages awards unless they routinely second guess the safety decisions of regulators.”

On Tuesday the California Farm Bureau Federation filed its own brief supporting Monsanto. The farm bureau, which says it represents 36,000 members, said the case is of “vital concern” to farmers and ranchers who “depend on crop protection tools to grow food and fiber.”

Even though the Johnson verdict does not impact the regulation of glyphosate herbicides, the farm bureau argues in its brief that the industry fears restrictions on the chemical. The farm group additionally argued that the “trial court’s decision disregards federal law, as well as state law…” because it conflicts with the EPA’s finding that glyphosate is not likely to cause cancer.

Additionally, California associations representing doctors, dentists and hospitals weighed in on behalf of Monsanto arguing that the jury’s decision in the Johnson case was “subject to emotional manipulation” and not based on “scientific consensus.”

“The answer to the complex scientific question the jury was required to resolve in this case should have been based on accepted scientific evidence and rigorous scientific reasoning, not the jury’s policy choices. Even worse, there is reason to suspect the jury’s analysis was based on speculation and emotion,” the associations said in their brief.

Johnson’s attorney, Mike Miller, said he feels “real good” about the chances of victory in the appeals court and described the brief from the California Medical Association as the “same sophomoric brief they file against every victim of negligence.”

Missouri Trial Can Proceed

In separate action in Missouri , the state’s supreme court said on Tuesday that a trial set to start Oct. 15 in the city of St. Louis can proceed as planned on behalf of plaintiff Walter Winston. Other plaintiffs who had joined in Winston’s complaint against Monsanto are expected to be severed and/or have their cases delayed, according to a decision by the Missouri Supreme Court. Monsanto had asked the high court to prohibit the trial from taking place due to the fact that several plaintiffs do not reside in the area.

The Supreme Court instructed St. Louis City Judge Michael Mullen “take no further action” at this time in the cases of the 13 plaintiffs.

Monsanto was acquired by Bayer AG in June of 2018, and Bayer’s share prices fell sharply following the Johnson verdict and have remained depressed. Investors are pressing for a global settlement to end the litigation.

Emails Reveal Science Publisher Found Papers On Herbicide Safety Should Be Retracted Due to Monsanto Meddling

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Secretive influence by Monsanto in a set of papers published in the scientific journal Critical Reviews in Toxicology was so unethical that an investigation by the publisher found that at least three of the papers should be retracted, according to a series of internal journal communications. The journal editor refused to retract the papers, which declared no cancer concerns with the  company’s herbicides, saying a retraction could impact last summer’s first-ever Roundup trial and harm the authors’ reputations, the emails show.

The journal communications were obtained through discovery by lawyers representing several thousand people suing Monsanto over claims that the company’s glyphosate-based herbicides cause cancer and that Monsanto has covered up the evidence of the dangers.

Unlike the internal Monsanto emails that have thus far come to light revealing the agrochemical company’s manipulation of scientific literature about its herbicides, these emails detail the inner battle within a major scientific publishing house over how it should confront Monsanto’s covert meddling. They were obtained as part of a deposition of Roger McClellan, the longtime editor in chief of the peer-reviewed journal Critical Reviews in Toxicology (CRT.)

The papers in question were published by CRT in September 2016 as an “Independent Review” of the carcinogenic potential of the weed-killing agent glyphosate, the main ingredient in Monsanto’s Roundup herbicide and other brands. The five papers published as part of the review directly contradicted the findings of the World Health Organization’s International Agency for Research on Cancer (IARC), which in 2015 found glyphosate to be a probable human carcinogen. The 16 authors of the papers concluded that the weight of evidence showed the weed killer was unlikely to pose any carcinogenic risk to people.

At the end of the papers the authors stated that their conclusions were free of Monsanto’s intervention. Underscoring the supposed independence of the work, the declaration of interest section stated: “Neither any Monsanto company employees nor any attorneys reviewed any of the Expert Panel’s manuscripts prior to submission to the journal.”

That statement was proven false in the fall of 2017 after internal Monsanto records came to light showing extensive involvement by Monsanto scientists in the drafting and editing of the papers as well as company involvement in selecting the authors. Additionally, internal records showed direct payments to at least two of the so-called independent authors. Monsanto had a contract with author Larry Kier, for instance, paying him $27,400 to work on the papers.

In response to those revelations and questions from media outlets, CRT publisher  Taylor & Francis Group  launched an investigation in the fall of 2017. The newly released communications reveal that after spending months questioning the authors about how the papers came together,  a team of legal and ethics experts put together by Taylor & Francis concluded that the authors had hidden Monsanto’s direct  involvement in the papers, and had done so knowingly. Indeed, some of the authors did not even fully disclose Monsanto involvement in initial questioning by Taylor & Francis during the investigation, the emails show.

The “only tenable outcome is to retract 3 of the articles; specifically the summary, epidemiology and genotoxicity papers,” Taylor & Francis’ Charles Whalley wrote to McClellan on May 18, 2018. Whalley was managing editor of the publishing group’s medicine and health journals at the time.

The internal emails show McClellan refused to accept the idea of retraction, saying that he believed the papers were “scientifically sound” and produced “without external influence” from Monsanto. He said a retraction would tarnish the reputations of the authors, the journal and his own reputation.

“I can not agree to the proposal for retraction you have offered in your memo of May 18th, McClellan wrote in response.  In a series of emails McClellan laid out his arguments against retraction, saying   “Retractions of the papers would do irreparable harm to multiple parties including, most of all, the authors, the Journal , the publisher and key employees such as you and, in addition, me in my role as the Scientific Editor of CRT.”

In an email dated June 5, 2018, McClellan declared that he knew Monsanto had a “vested interest” in the publication of the papers and was personally aware of Monsanto’s relationships, including compensation agreements, with the authors, and still was satisfied that the papers were “scientifically sound.”

“In my professional opinion, the five Glyphosate papers are scholarly pieces of work clearly documenting the process used to critique the IARC report and provide an alternative hazard characterization,” McClellan wrote. “The five papers are scientifically sound. It would be a breach of scientific ethics and my own standards of scientific integrity to agree to retraction of any or all of the Glyphosate papers…”

Whalley pushed back, saying that the authors of the papers were clearly guilty of “misconduct and a breach of publishing ethics,” so severe as to warrant retraction. The “breaches of publication ethics that we have identified in this case are clear breaches of fundamental and clearly defined standards, and not attributable to misunderstandings of detail or nuance,” Whalley wrote to McClellan. He said the publisher had reviewed the guidelines from the Committee on Publication Ethics (COPE) before making the decision.  “Retractions are evidence that editorial policies are working, not that they have failed,” he wrote.

Whalley and McClellan argued over the retraction for months, the records show.  In one July 22, 2018 email McClellan pointed out that the first trial against Monsanto over the Roundup cancer claims was taking place at the time so the journal discussions of a retraction were “quite sensitive since the Johnson vs. Monsanto trial is underway in San Francisco.”  He suggested that instead of retracting the papers, they simply correct  the section at the end of the papers where the authors disclose potential conflicts.

“I urge you to agree to my recommendation to publish corrected and expanded Declaration of Interest statements and abandon the “we gotcha” approach with Retraction of the papers,” McClellan wrote to Whalley in a July 2018 email.  “I will not allow my well-earned reputation to be tarnished by arbitrary and capricious actions by others.”

“In this case, we need to collectively attempt to reach agreement on an equitable outcome that is FAIR to the authors, the publisher, CRT readers, the public and me as the Editor-in-Chief and the CRT Editorial board. We must not take an approach that determines winners and losers in legal cases based on what is allowed to appear in the peer reviewed literature,” McClellan wrote.

Neither McClellan nor Whalley responded to a request for comment regarding this article.

The CRT glyphosate series was considered so significant that its findings were widely reported by media outlets around the world and cast doubt upon the validity of the IARC classification. The papers were published at a critical time as Monsanto was facing doubts by European regulators about allowing glyphosate to remain on the market and growing unease in U.S. markets as well. The 2016 series was “widely accessed,” with one of the papers in the series accessed “over 13,000 time,” according to the internal journal correspondence.

The importance of the papers to Monsanto was laid out in a confidential document dated May 11, 2015, in which Monsanto scientists spoke of “ghost-writing” strategies that would lend credibility to the “independent” papers the company wanted to have created and then to be published by CRT.  Monsanto had announced in 2015 that it was hiring Intertek Scientific & Regulatory Consultancy to put together a panel of independent scientists who would review the IARC classification of glyphosate as a probable carcinogen. But the company had pledged that it would not be involved in the review.

Though Monsanto’s involvement was revealed in 2017 Taylor & Francis took no public action until September 2018 as the publisher and editor wrestled over the retraction issue. McClellan ultimately won the argument and no retractions were made. The internal emails show that Whalley notified the 16 authors of the glyphosate papers of the decision to merely publish corrections to the articles and update the declarations of interest at the end of the papers. That Aug. 31, 2018 email states:

            “We note that, despite requests for full disclosure, the original Acknowledgements and Declaration of Interest statements did not fully represent the involvement of Monsanto or its employees or contractors in the authorship of the articles. As referred to in our previous memos to you, this specifically relates to the statements that:

           ‘Neither any Monsanto company employees nor any attorneys reviewed any of the Expert Panel’s manuscripts prior to submission to the journal.’ and that ‘The Expert Panelists were engaged by, and acted as consultants to, lntertek, and were not directly contacted by the Monsanto Company.’ 

          “From information you have provided to us, we now believe that neither of these statements was accurate at time of submission. This is in contradiction to declarations you made on submission and to warranties you made in the Author Publishing Agreements regarding your compliance with Taylor & Francis’ policies. To provide the necessary transparency to our readers, we will publish corrections to your articles to update their respective Acknowledgements and Declaration of Interest statements as per the material you have provided.”

In September of 2018 the papers were updated to carry an “Expression of Concern” and updates to the acknowledgements and declaration of interests. But despite the findings of Monsanto’s involvement, the papers are still titled with the word “independent.”

Whalley left Taylor & Francis in October of 2018.

The journal’s handling of the matter has troubled some other scientists.

“McClellan’s comments about why he did not retract the paper was disingenuous, self-serving, and violate sound editorial practice,” said Sheldon Krimsky,  a Tufts University professor and a fellow of the Hastings Center, an independent bioethics research institution. Krimsky is also associate editor for a Taylor & Francis journal called “Accountability in Research.”

Nathan Donley, a senior scientist employed by the nonprofit Center for Biological Diversity said the journal’s failure to retract was a failure of transparency.  “This was one of the most disgraceful events in scientific publishing that I have ever witnessed,” Donley said. “What we’re left with is an expression of concern that no one will read and a blatant misrepresentation that this was somehow an ‘independent’ endeavor.  This was a win for the most powerful player in the pesticide industry, but it came at the expense of ethics in science.”

Click here to read 400-plus pages of the emails.  

“Serious, Deadly Injury” Cited in New Appeals Court Filing Over Roundup Cancer Claims

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 A California appeals court should reject efforts by Monsanto to overturn a jury verdict awarding millions of dollars to a school groundskeeper and approve $250 million in punitive damages the jury ordered a year ago this month in the first Roundup cancer trial, according to a brief in the case filed Monday.

The brief filed by lawyers for Dewayne “Lee” Johnson responds to arguments by Monsanto made in the appeal and cross-appeal lodged in the state appellate court. The appeal was initiated last year by Monsanto following an Aug. 10, 2018 jury decision that marked the first of three courtroom losses for the agrochemical giant and its owner Bayer AG. The jury in the Johnson case awarded $289 million in total damages, including $250 in punitive damages. The trial judge then lowered the punitive amount to $39 million for total damages of $78 million.

While Monsanto wants the entire jury decision thrown out, Johnson’s attorneys are asking for the total of $289 million to be restored by the appeals court.

Johnson is one of roughly 18,400 people suing Monsanto over allegations that Monsanto’s glyphosate-based herbicides such as Roundup cause non-Hodgkin lymphoma (NHL) and claims that Monsanto has spent decades covering up the risks.

Both sides in the Johnson appeal are awaiting the scheduling of oral arguments, which are expected within the next couple of months. A decision by the appeals court could come before the end of the year.

The appellate decision could be pivotal. Bayer shares plummeted after the Johnson verdict and have continued to be weighed down by two more jury decisions against Monsanto in two subsequent trials. Bayer has indicated it is ready to talk about a global settlement of the Roundup cancer litigation, and a decision by the appeals court could substantially impact the direction and outcome of settlement talks.

In the brief filed Monday, Johnson’s lawyers argued that Monsanto’s conduct was so “reprehensible” as to warrant much more than a “slap on the wrist,” and cited precedent court decisions finding that punitive damage awards equal to 5 percent of a defendant’s net worth is appropriate for “minimally reprehensible behavior.”

Based on Monsanto’s stipulated net worth of $6.8 billion, the punitive damage award of $250 million equals 3.8% and is “a light punishment considering Monsanto’s highly reprehensible behavior,” lawyers for Johnson stated in their brief. The punitive damage award of $250 million “is not unreasonable and it appropriately serves California’s goals of protecting public health, deterring future corporate malfeasance and punishing Monsanto,” the brief states.

The Johnson argument goes into great detail about evidence obtained through discovery, including internal Monsanto emails in which company scientists discussed ghostwriting scientific literature, Monsanto worries about how to counter building evidence of genotoxicity with its herbicides, the company’s failure to do carcinogenicity testing of its formulations, Monsanto’s cultivation of friendly officials within the Environmental Agency (EPA) for backing, and the company’s secret payments to front groups like the American Council on Science and Health (ACSH) to promote the safety of Monsanto’s herbicides.

Johnson’s attorneys say Monsanto’s deceptive conduct has been similar to that of the tobacco industry.

“The Serious, Deadly Injury Suffered by Johnson Supports a Finding that Monsanto’s Conduct Was Highly Reprehensible,” the Johnson brief states. Johnson’s terminal diagnosis and his very painful physical condition warrants the jury award of $289 million, his lawyers wrote.

“Johnson is suffering from extremely painful, disfiguring lesions all over his body, a consequence of the fatal NHL induced by Roundup,” the brief states. “In light of the high reprehensibility of Monsanto’s behavior, the deathly harm to Johnson, and the high net worth of Monsanto, the punitive damages award of $250 million dollars awarded by the jury comports with due process and should be upheld.”

Monsanto’s brief contradicts the Johnson position on every point and states that there is no legal reason to reinstate the $250 million punitive damage award. The company asserts that because the EPA and other international regulators back the safety of its herbicides, the courts should do the same.

“Monsanto had no duty to warn of a risk that, far from being a prevailing scientific view, worldwide regulators agree does not exist,” the Monsanto brief states. “Reinstatement of the $250 million punitive damage verdict would result in the largest judicially approved award of punitive damages in California history, in a case with exceedingly “thin” evidence of malice or oppression. There is no basis for an award of punitive damages in this case, much less the $250 million awarded by the jury.”

Johnson has additionally failed to establish that Roundup “actually caused his cancer,” according to Monsanto. “Even if Plaintiff introduced some evidence to support a failure-to-warn claim, the worldwide regulatory consensus that glyphosate is not carcinogenic establishes the utter lack of clear and convincing evidence that Monsanto acted with malice,” the company’s brief states.

“The jury’s unusually large compensatory award is just as flawed. It is based on a straightforward legal error—that a plaintiff can recover pain-and-suffering damages for decades beyond his life expectancy—that was induced by counsel’s flagrant attempts to inflame the jury.

“In short, virtually everything in this trial went wrong,” the Monsanto brief states. “Plaintiff is entitled to sympathy, but not to a verdict that ignores sound science, distorts the facts, and subverts controlling law.”

St. Louis Judge Denies Monsanto Bid to Delay Another Roundup Cancer Trial

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Monsanto’s bid to postpone another upcoming Roundup cancer trials in St. Louis has failed – at least for the time being – as a judge has ordered that a trial set for October will proceed.

After hearing Monsanto’s argument last week seeking a continuance in the case of Walter Winston v. Monsanto, St. Louis Circuit Court Judge Michael Mullen denied Monsanto’s request and said the trial would start Oct. 15.  Judge Mullen said that depositions and discovery in the case should continue until Sept. 16 with the jury selection process to begin Oct. 10.

The trial, if it takes place, would be the fourth time Monsanto has had to face cancer patients in a courtroom to answer allegations that its Roundup herbicide products cause non-Hodgkin lymphoma and that the company has sought to cover up information about the risks. Monsanto lost the first three trials and juries awarded more than $2 billion in damages, although each of the three jury awards have been reduced by the trial judges.

The Winston trial would also be the first trial to take place in Monsanto’s former hometown of St. Louis. Before selling to the German company Bayer AG last year, Monsanto was one of the largest St. Louis-based employers.

A trial that had been set to start in St. Louis on Aug. 19 was delayed by court order last week, and a trial that was set to start in September has also been continued.

After the trial continuance announced last week, sources said the company and lawyers for the plaintiffs were moving into serious discussions about a potential global settlement. Currently, more than 18,000 people are suing Monsanto, all alleging they developed non-Hodgkin lymphoma due to Roundup exposure and Monsanto covered up the evidence of danger. Someone falsely floated a potential settlement offer of $8 billion, causing Bayer shares to rise sharply.

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 appealed the verdict to the California Courts of Appeal, and Johnson has cross-appealed seeking to restore his $289 million award from the reduced award of $78 million set by the trial judge. That appeal is continuing and oral arguments are expected in September or October.

As for the St. Louis situation, the Winston trial could still be derailed. The case has multiple plaintiffs, including some from outside the area, and that fact could put the case in the cross-hairs of an opinion  issued earlier this year by the Missouri Supreme Court, potentially tying up the Winston case indefinitely, according to legal observers.

Trump’s EPA Has “Monsanto’s Back”

In separate news, the Environmental Protection Agency (EPA) last week issued a press release to announce that it would not approve cancer warning labels required by the state of California for certain glyphosate-based herbicide products. The EPA said that labeling that states glyphosate is “known to cause cancer,” is false and illegal, and will not be allowed despite a California regulatory action ordering such labeling.

“It is irresponsible to require labels on products that are inaccurate when EPA knows the product does not pose a cancer risk. We will not allow California’s flawed program to dictate federal policy,” said EPA Administrator Andrew Wheeler.

California’s listing of glyphosate as a substance known to cause cancer came after the World Health Organization’s International Agency on the Research for Cancer (IARC) classified glyphosate in 2015 as “probably carcinogenic to humans.”

The fact that the EPA is taking this stance, and found it necessary to issue a press release, appears to validate internal Monsanto documents obtained through litigation discovery that show the EPA was believed to “have Monsanto’s back” when it comes to glyphosate.

In a report attached to a July 2018 email to Monsanto global strategy official Todd Rands, the strategic intelligence and advisory firm Hakluyt  reported to Monsanto the following:

“A domestic policy adviser at the White House said, for instance: ‘We have Monsanto’s back on pesticides regulation. We are prepared to go toe-to-toe on any disputes they may have with, for example, the EU. Monsanto need not fear any additional regulation from this administration.”

Speculation Over Settlement as Roundup Cancer Trial Postponed

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The mysterious delay of what was supposed to be a closely watched St. Louis showdown over claims that Monsanto’s Roundup herbicides cause cancer has stirred speculation that a settlement may be in the offing and heartened investors in Monsanto’s German owner Bayer, who feared a fourth trial loss.

The trial in St. Louis, Monsanto’s former long-time hometown, was set to begin Aug. 19 and feature live testimony from several Monsanto executives subpoenaed by the legal team representing plaintiff Sharlean Gordon. Gordon is one of roughly 18,000 plaintiffs suing Monsanto alleging not only that the company’s glyphosate-based herbicides cause non-Hodgkin lymphoma and that the company knew about the risks but rather than warning users instead acted to suppress and manipulate scientific research.

The three previous trials, which Monsanto lost, were all held in California courts where Monsanto executives could not be compelled to testify live in front of a jury. But in St. Louis they would almost certainly be forced to appear. Plaintiff’s counsel had plans to call former Monsanto Chairman Hugh Grant, as well as company scientists William Heydens, Donna Farmer, and William Reeves. Larry Kier, a Monsanto consultant who became caught up in a ghost-writing scandal, was also on the plaintiff’s list to be called as a witness.

Bayer had its own firepower headed for St. Louis in the form of famed attorney Phil Beck. The company has tried three different legal teams for the three trials so far, adding Beck to the case this summer. Beck, of the Chicago-based Barlit Beck law firm, headed George W. Bush’s trial team in the Florida recount litigation that determined the 2000 presidential election. Beck was tapped to represent the United States in United States v. Microsoft,  in one phase of the Microsoft antitrust action.

It was late Monday afternoon when St. Louis County Court Judge Brian May informed court personnel that the Gordon v. Monsanto trial would be postponed until January. May said he would issue an order at a later date, according to court spokeswoman Christine Bertelson.

Judge May is on vacation this week but wanted to make his intentions clear now because the process of gathering a jury pool for the trial was getting underway. He wanted that process halted to avoid wasting court time and resources and the time of prospective jurors given the trial was being delayed, Bertelson said.

Legal observers said the judge would not delay a trial this close to the opening unless both parties had agreed to the continuance. Neither would comment publicly on whether or not settlement talks were underway for the Gordon case.

Both parties have made it known that they wish to negotiate a global settlement in the Roundup litigation, though sources associated both with Bayer and plaintiffs’ counsel said potential settlement talks may focus initially on the Gordon case alone, or possibly Gordon’s claims along with additional St. Louis plaintiffs.

In a call with investors on July 30, Bayer CEO Werner Baumann said  the company was “constructively engaging in the mediation process” and would “only consider a settlement if financially reasonable and if we can achieve finality of the overall litigation.”

Baumann has come under withering criticism for his touting of the $63 billion acquisition of Monsanto. Within only two months after closing the deal, Bayer share prices plummeted when the first Roundup cancer trial resulted in a unanimous jury verdict of $289 million against the company. Total jury awards in the three trials to date have surpassed $2 billion in punitive damages alone, though judges in the three cases have lowered the punitive awards.

Investors lodged a vote of no confidence against Baumann earlier this year due to the roughly 40 percent drop in share value attributed to the Monsanto litigation.

Investors generally would welcome a global settlement of the litigation, according to investment analysts following Bayer. There has been speculation in the analyst community that a settlement could top $10 billion.

Gordon, 52, was expected to be a particularly compelling plaintiff, according to her attorney Aimee Wagstaff. Gordon, a mother of two, has suffered multiple rounds of unsuccessful cancer treatment for diffuse large B-cell lymphoma and follicular lymphoma, as the cancer has spread through her body over many years. She recently suffered a setback with a diagnosis of myelodysplastic syndrome (MDS).

Gordon developed non-Hodgkin lymphoma after using Roundup herbicides for 25 years at her residence in South Pekin, Illinois. Gordon’s stepfather, who also used Roundup at the family home, 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.

St. Louis Roundup Cancer Trial Reset for January, Talk of Bayer Settlement

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The much-anticipated Roundup cancer trial set to get underway in two weeks in Monsanto’s former hometown of St. Louis is being rescheduled,  according to the a spokeswoman for the St. Louis County Court where the trial was set to begin Aug 19.

Court spokeswoman Christine Bertelson said Judge Brian May, who is overseeing the case of Gordon v. Monsanto, communicated late Monday that the trial was being continued, but no official order has yet been entered into the court file.  Jury questionnaires were due next week and the voir dire selection of the jury was set for Aug. 18 with opening statements Aug. 19.

Judge May is rescheduling the trial for January and will issue an order within the next few days, according to Bertelson.

Aimee Wagstaff, lead attorney for plaintiff Sharlean Gordon, said that a continuance was a possibility but nothing official was determined at this point.

“The judge has not entered an order continuing the trial,” Wagstaff said. “Of course, as with every trial, a continuance is always a possibility for factors often outside control of the parties. Ms. Gordon is ready to try her case on August 19 and will be disappointed if the case is in fact continued. We are ready on whatever day the trial does commence.”

Gordon developed non-Hodgkin lymphoma after using Roundup herbicides for 25 years at her residence in South Pekin, Illinois. Gordon 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.

Before selling to Germany-based Bayer AG last summer, Monsanto was headquartered in the St. Louis, Missouri area for decades, and still maintains a large employment and philanthropic presence there. Bayer recently announced it would add 500 new jobs to the St. Louis area.

Last week, Judge May denied Monsanto’s motion seeking a summary judgment in favor of Monsanto, and denied the company’s bid to exclude plaintiff’s expert witnesses.

Bayer has been under great pressure to settle the cases, or at least avoid the specter of another high-profile courtroom loss after losing all three of the first Roundup cancer trials. The company is currently facing more than 18,000 plaintiffs alleging that exposure to Monsanto’s glyphosate-based herbicides, such as Roundup, caused them to develop non-Hodgkin lymphoma. The lawsuits allege that Monsanto knew of the cancer risk but failed to warn users and worked to suppress scientific information about the cancer risk.

It is not uncommon for parties to discuss a potential settlement ahead of trial, and it would not be surprising for Bayer to offer a settlement for the Gordon case alone given the negative publicity that has been associated with each of the three trials. Evidence publicized through the trials has exposed years of secretive conduct by Monsanto that juries have found warranted more than $2 billion in punitive damages. The judges in the cases have also been harshly critical of what the evidence has shown about Monsanto’s conduct.

U.S. District Court Judge Vince Chhabria said this about the company: “There’s a fair amount of evidence that the only thing Monsanto cared about was undermining the people who were raising concerns about whether Roundup caused cancer. Monsanto didn’t seem concerned at all about getting at the truth of whether glyphosate caused cancer.”

Last week, Bloomberg reported that Bayer AG Chief Executive Officer Werner Baumann said he would consider a “financially reasonable” settlement. The company’s shares have plummeted since the first jury verdict came down Aug. 10 awarding $289 million to California school groundskeeper Dewayne “Lee” Johnson. Monsanto has appealed the verdict.

Some legal observers said that Bayer could be angling to delay the trial and/or simply distract plaintiff’s attorneys with settlement speculation.

Monsanto fails bid to banish experts from St. Louis Roundup cancer trial

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Monsanto is not finding an early hometown advantage as it prepares for the next Roundup cancer trial after the St. Louis judge who will oversee the trial denied Monsanto’s motion for summary judgment and denied the company’s request to ban experts scheduled to testify for the plaintiff.

Before selling to Germany-based Bayer AG last year, Monsanto was headquartered in the St. Louis, Missouri area for decades, and still maintains a large employment and philanthropic presence there. Some observers have speculated that a St. Louis jury may give Monsanto a good shot at its first trial win  in the sprawling litigation. The company lost the first three trials, all of which took place in California.

But St. Louis County Judge Brian May is not doing Monsanto any favors. In twin rulings, May denied Monsanto’s motion for summary judgment before trial and rejected the company’s request to exclude the opinions of seven expert witnesses that the plaintiff’s attorneys plan to call to testify.

Judge May also ordered that the trial can be recorded and televised via Courtroom View Network from its start on Aug. 19 until conclusion.

The plaintiff in the case is Sharlean Gordon, a cancer-stricken woman in her 50s who used Roundup herbicides for more than 15 years at her residence in South Pekin, Illinois.  Gordon v. Monsanto is actually derived from a case filed in July 2017 on behalf of more than 75 plaintiffs. Gordon is the first of that group to go to trial.

Her case, like that of the thousands of others filed around the United States, alleges use of Monsanto’s glyphosate-based herbicides can cause non-Hodgkin lymphoma and that Monsanto has long known about the potential risks but instead of warning users has actively worked to suppress information.

Gordon was diagnosed with diffuse large B-cell lymphoma, a subtype of non-Hodgkin lymphoma, in 2006.  She was told her cancer was in remission in 2007 but it returned in 2008.  Since then she has gone through two stem cell transplants and spent a lengthy period in a nursing home. She remains very debilitated, according to attorney Aimee Wagstaff.

Wagstaff was the winning attorney in the second Roundup cancer trial, Edwin Hardeman v. Monsanto. In that federal court case, a San Francisco jury returned a verdict of approximately $80 million for Hardeman, including punitive damages of $75 million.  U.S. District Judge Vince Chhabria reduced the punitive damages awarded Hardeman to $20 million from $75 million, putting the total award at  $25,313,383.02.

The jury awards in the other two Roundup cancer trials have also been reduced by the trial judges. In the most recent trial a judge cut the damages awarded an elderly couple from approximately $2 billion to $86 million. And in the first Roundup cancer trial, the judge cut a $289 million verdict awarded to a California school groundskeeper down to $78 million.  

Sick Children Among Cancer Victims Suing Monsanto Over Roundup

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A 12-year-old boy suffering from cancer is among the newest plaintiffs taking on Monsanto and its German owner Bayer AG in growing litigation over the safety of Roundup herbicides and Monsanto’s handling of scientific concerns about the products.

Lawyers for Jake Bellah were in court Monday in Lake County Superior Court in Lakeport, California arguing that Bellah’s young age and diagnosis of non-Hodgkin lymphoma (NHL) qualified him for “trial preference,” or a speedy trial. In their motion, lawyers for the Baum Hedlund law firm of Los Angeles asked for a trial that would begin before the end of this year, within 120 days after a judge’s order if their motion is granted.

Monsanto lawyers opposed the request, arguing that the company would need more time to prepare a defense given the unusual scientific issues of surrounding alleged causation of cancer in a child.

The four plaintiffs who have already had trials against Monsanto were all adults diagnosed with non-Hodgkin lymphoma, and all were victorious. Bellah would likely be the first case of a child with cancer to challenge Monsanto before a jury.

In May, 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. That followed a verdict in March in which a San Francisco jury ordered Monsanto to pay roughly $80 million in damages to plaintiff Edwin Hardeman who also suffers from NHL.  On July 15, the judge in that case reduced the award to $25 million. Last year 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 judge in that case lowered the total verdict to $78 million and the verdict is now on appeal.

Lawyers representing Bellah said the child was exposed to Monsanto’s glyphosate-based herbicide products repeatedly over many years as he played in his family’s yard and around their garden area where his father frequently sprayed the chemicals.

Bellah developed B-cell lymphoma and has been hospitalized and treated with chemotherapy and is currently in remission, according to Pedram Esfandiary, one of the family’s attorneys.

We’re looking forward to having more trials,” said Esfandiary. “It’s unfortunate that the victims include not only hardworking folks like Lee and the Pilliods but also people at the start of their lives.  He is entitled to his day in court.”

A ruling on the Bellah request for a speedy trial is expected by the end of July.

Another lawsuit brought on behalf of a sick child was filed July 12 in Alameda County Superior Court in California, also by the Baum Hedlund firm.

In that case, the plaintiff is identified only as G.B. Bargas. Her father Richard Bargas is listed as a plaintiff individually and on behalf of his daughter. The child’s mother Ronza Bargas is also a plaintiff. The complaint alleges that the child was diagnosed with NHL as a result of exposure to Roundup.

The addition of children to the mass litigation comes as Bayer is exploring whether or not to try to settle the cases. The company’s shares have been battered by the repeated losses in court, and by the revelations of questionable Monsanto conduct with respect to scientific and public scrutiny of its products.

In his court ruling reducing the damages awarded in the Hardeman case, U.S. District Judge Vince Chhabria said that Monsanto’s actions were “reprehensible.” He said evidence showed “Monsanto employees crassly attempting to combat, undermine or explain away challenges to Roundup’s safety.”

He said the company showed a “lack of concern about the risk that its product might be carcinogenic.”