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

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

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

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

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

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

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

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

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

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

THE COURT: I understand what you’re saying.

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

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

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

“Go Get ‘Em” – Jury Deliberations Starting in Roundup Cancer Trial

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After dramatic day-long closing arguments in which the plaintiffs’ attorney suggested $1 billion in punitive damages would be appropriate, jury deliberations were getting underway on Thursday in the trial pitting a married couple with cancer against Monsanto.

Alva and Alberta Pilliod, each diagnosed with non-Hodgkin lymphoma, were in Alameda County Superior Court in Oakland, California, on Wednesday as attorney Brent Wisner implored jurors to agree with allegations that the development of the Pilliods’ debilitating illnesses was due to their many years of use of Monsanto’s Roundup herbicides.

Monsanto strongly denies its products are carcinogenic. But Pilliod attorney Brent Wisner told jurors there was ample evidence of cancer concerns and rather than warn customers of the risks, the company engaged in 45 years of deceptive tactics that manipulated the scientific record about the dangers of its products.

He said jurors should consider ordering at least $892 million in punitive damages as that represented one year of profits for Monsanto, which last year was acquired by Bayer AG. He said a better figure might be $1 billion in order to send a message to Bayer and Monsanto. Additionally, he asked for approximately $37 million in compensatory damages for Alberta Pilliod and $18 million for Alva Pilliod.

“Hold them accountable,” Wisner told jurors in a three-hour closing argument. During his presentation to jurors, Wisner reminded them of evidence introduced over the lengthy trial.  He walked them through several scientific studies he said showed links to cancer, showed them excerpts of internal Monsanto emails that talked about ghostwriting scientific papers and covertly paying front groups such as the American Council on Science and Health (ACSH) to publicly promote the safety of its herbicides. He reminded jurors of documents showing cozy ties to certain Environmental Protection Agency (EPA) officials who back the safety of Monsanto’s glyphosate-based herbicides, and documents showing Monsanto strategies to discredit international cancer scientists who classify glyphosate as a probable human carcinogen.

Wisner said Monsanto buried studies that found harm with its products and promoted ghostwritten studies that promoted safety, engaging in conduct that was “reprehensible.”

“That ladies and gentlemen is how you manipulate science,” he said.

In contrast, Monsanto attorney Tarek Ismail told jurors in his closing argument that both Pilliods had multiple health problems and weakened immune systems and their cancers were not connected by any legitimate evidence to their use of Roundup.

“After all this time that we’ve been here in this trial, the plaintiffs haven’t showed you a single document or medical record or test specifically linking either plaintiff’s NHL to Roundup,” said Ismail.  “And the thing is, you don’t have to agree with us on all of these or even some, because, if you follow any of these paths, you get to the same answer, that the plaintiffs have not met their burden of proof.”

Ismail told jurors that Wisner was manipulating their emotions, promoting “fear over science” and “emotion over evidence.” Regulatory agencies around the world back the safety of glyphosate and Monsanto herbicides, and aside from some poor choices of language in internal emails, there is no evidence of bad conduct by Monsanto. He said that Wisner was engaging in an “absurd” “charade” and “blatantly trying to manipulate” jurors when he put on gloves during trial testimony to handle a Roundup bottle filled not with the herbicide but with water.

“You folks have worked too hard, been here too long to allow someone to insult your intelligence like that. And I hope you reject it for what it was,” Ismail said.

Sparks flew when it was Wisner’s turn for rebuttal, as he loudly and angrily held up multiple notes he said were handed to him by colleagues pointing out falsehoods in various statements made by Ismail.

“Get out of here!” Wisner yelled, prompting Judge Winifred Smith to admonish him to calm down. He ended his rebuttal again imploring jurors to find for the Pilliods and order damages in such a high amount as to send a message to Monsanto and Bayer.

His final words to jurors – “Go get ’em.”

See transcript of closing arguments here. 

The Pilliod case is the third Roundup cancer case to go to trial. Last summer a jury ordered Monsanto to pay $289  million in damages to cancer victim Dewayne “Lee” Johnson. The judge in the case later lowered the amount to $78 million. A second trial, also held in San Francisco in a separate case, resulted in an $80.2 million verdict for plaintiff Edwin Hardeman.

There are more than 13,000 other plaintiffs also alleging Monsanto’s herbicides cause cancer and the company has hidden the risks. Bayer shares have been rocked by the verdicts and investors are nervously awaiting the outcome of this trial. The company has lost more than $30 billion in shareholder value after buying Monsanto last summer.

Sparks to Fly in Closing Arguments at Third Roundup Cancer Trial

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After two costly courtroom losses, lawyers for Monsanto and its German owner Bayer AG on Wednesday were set to make closing arguments in what is the third trial brought by people who blame their cancers on use of Monsanto’s Roundup and other glyphosate-based weed killer brands.

Plaintiffs Alva and Alberta Pilliod, a married couple in their 70s who both have non-Hodgkin lymphoma, claim that Monsanto should be held liable for their illnesses because scientific evidence shows Monsanto’s herbicides can cause cancer and because Monsanto failed to properly warn of the risks.

While Monsanto has maintained that the weight of scientific evidence shows no causal connection between non-Hodgkin lymphoma and its glyphosate herbicides, lawyers for the Pilliods presented scientific evidence during the trial that does show a cancer link. Moreover, the plaintiffs’ attorneys showed jurors a trove of internal Monsanto communications and other records that they said displayed the company’s manipulation of scientific literature, including ghostwriting several papers published in scientific journals. Also among the evidence were records showing Monsanto efforts to influence regulatory agencies, to plant helpful stories in the global news outlet Reuters, and to discredit scientists who determined the company’s products were potentially carcinogenic.

Closing arguments are expected to take most or all of the day and tensions on both sides are high.

On Tuesday, Monsanto filed a motion seeking to head off what it said were likely to be “improper” closing arguments by the lawyers representing the Pilliods. They singled out attorneys Brent Wisner and Michael Baum for criticism, citing various actions.

“Monsanto has a real concern that counsel’s closing argument in this case will be replete with misconduct,” the motion states.

In the motion, Monsanto attorneys said that the Pilliod lawyers “already turned this trial into a circus on multiple occasions,” including by twice putting on gloves before handling a Roundup bottle that contained only water.

In addition, the lawyers “paraded around celebrities and anti-Monsanto advocates Neil Young and Daryl Hannah… engaging in photo-ops right outside the jury room in a clearly improper attempt to influence the jury.”

“If any members of the jury were to perform a simple Google search for Mr. Young or Ms. Hannah, they would quickly learn of their strong anti-Monsanto sentiment,” Monsanto said in its filing, pointing out that four years ago Young produced an album critical of the company called “The Monsanto Years.”

In addition, Monsanto said, “Ms. Hannah’s Twitter account contains numerous tweets about the Roundup trials, including one where she specifically wrote about her experience in court during this trial: “Well that was a trip! – of course I know these skeevy corporate cronies manipulate & lie – but to see it right in front of your eyes is soooo depressing & creepy.”’

Monsanto also said that Wisner’s characterization of the case as “historic” should not be allowed again. Similarly, none of the plaintiffs’ lawyers should be allowed to suggest that the verdict will “change the world or have any effect outside of this case,” Monsanto argued.

The tiny courtroom in Oakland, California is expected to be packed. Dewayne “Lee” Johnson, who won the first trial against Monsanto last summer, is expected to be in attendance, as is Edwin Hardeman, who won the second trial.

Like the two previous trials, internal Monsanto records have provided some drama. On Tuesday, internal communications from last summer were made available by the court indicating clear  White House support for Monsanto. 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.”

White House Has “Monsanto’s Back on Pesticides,” Newly Revealed Document Says

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Internal Monsanto records just filed in court show that a corporate intelligence group hired to “to take the temperature on current regulatory attitudes for glyphosate” reported that the White House could be counted on to defend the company’s Roundup herbicides.

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.”

In the email accompanying the report, Hakluyt’s Nick Banner told Rands the information related to issues both for the United States and for China. The report notes that “professional” staff has “sharp” disagreement with “political” staff on some areas, but that the concerns of some of the professional staffers would not get in the way.

“We heard a unanimous view from senior levels of the EPA (and USDA) that glyphosate is not seen as carcinogenic, and that this is highly unlikely to change under this administration – whatever the level of disconnect between political and professional staffers.”

The report said that a former Environmental Protection Agency (EPA) lawyer and a U.S. Department of Agriculture (USDA) official confirmed that both agencies see the World Health Organization’s International Agency for Research on Cancer (IARC) classification of glyphosate as a probable human carcinogen as “flawed” and incomplete.

“There is little doubt that the EPA supports the use of glyphosate,” the report says. It quotes a current EPA lawyer as saying: “We have made a determination regarding glyphosate and feel very confident of the facts around it. Other international bodies… have reached different conclusions, but in our view the data is just not clear and their decision is mistaken.”

The report also suggests similarities between the Trump Administration’s support for glyphosate and its actions around a pesticide called chlorpyrifos that is the active ingredient in an insecticide made by Dow Chemical, now DowDupont. There is a large body of science showing that chlorpyrifos is very damaging to children’s brain development and that children are most often exposed through the food and water they consume. Chlorpyrifos was due to be banned from agricultural use in 2017 because of its dangers but the Trump administration postponed the ban at the request of Dow and continues to allow its use in food production.  The Hakluyt reports says:

“The way the EPA under the Trump administration has handled Chlorpyrifos might be instructive in how it would handle new science or new developments related to glyphosate.”

At the time the report was delivered to Monsanto last July, Monsanto had just been acquired by the German company Bayer AG and was in the midst of defending itself in the first Roundup cancer trial. That San Francisco case, brought by cancer victim Dewayne “Lee” Johnson, resulted in a unanimous jury verdict handed down in August ordering Monsanto to pay $289 million in damages to Johnson. The judge in the case later lowered the amount to $78 million. A second trial, also held in San Francisco in a separate case, resulted in an $80.2 million verdict for plaintiff Edwin Hardeman.

A third trial is underway now in Oakland, California. Closing arguments are scheduled for tomorrow in that case, brought by a husband and wife who both have non-Hodgkin lymphoma they allege is due to their decades of using Roundup.

The documents that include the Hakluyt report were filed in Alameda County Superior Court by lawyers representing the plaintiffs in the current case – Alva and Alberta Pilliod.

The filing is in response to Monsanto’s effort to tell jurors about a recently released EPA glyphosate assessment in which the agency reaffirmed its finding that glyphosate does not cause cancer. The Pilliod lawyers say the Hakluyt communications with Monsanto speak “directly to the credibility of the 2019 EPA glyphosate evaluation, issued by an administration which holds itself out as favoring Monsanto’s business interests.”

Widening rift reported between political and professional staffers in regulatory agencies

The Hakluyt report to Monsanto also notes that increasingly professional staffers inside “most” federal agencies are feeling at odds with political staffers on issues such as pesticide regulation, climate science and other matters.

“While this appears to be true of various agencies – Health and Human Services, Commerce, Education, Interior, the Food and Drug Administration, and so on- the EPA may be the leading example of this phenomenon.”

The report quotes a prominent Washington DC law firm partner who has “extensive contacts at the EPA as saying:

“In essence, the political leadership favors deregulation and dismisses the expert risk analysis. It is especially averse to theoretical risk analysis, for example, on the risks of glyphosate, about which a scientific consensus is yet to form… With regard to glyphosate, in particular, the differences between political and professional staff are sharp.” 

The professional staffers, those scientists and others who typically have been within an agency for many years through multiple administrations.

Within the EPA, professional staffers are said to have “doubts about glyphosate,” but those doubts “are not shared by the EPA’s leadership.”

The report also provides feedback on Monsanto’s reputation and provides a cautionary note to Bayer, which had just closed the purchase of Monsanto a few weeks before the July 2018 communications:

“Developments in California on glyphosate are striking a chord with the public… The company regularly goes to ‘DEFCON 1’ on the slightest challenge from the environmental, academic or scientific community.”

“Even within the EPA there is unease about your ‘scientific intransigence.'” 

According to the Hakluyt report, an official with the EPA’s Office of Pesticide Programs said: “There is growing unease in this office at what seems like scientific intransigence by Monsanto to give credibility to any evidence that doesn’t fit their view. We would agree with them that such evidence is non-conclusive, but that does not mean that it is without basis.”

For more information and updates follow @careygillam on Twitter.

Glyphosate Spin Check: Tracking Claims About the Most Widely Used Herbicide

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Amid global debate over the safety of glyphosate-based herbicides such as Monsanto’s Roundup, numerous claims have been made to defend the product’s safety. In the wake of two recent landmark jury rulings that found Roundup to be a substantial factor in causing non-Hodgkin lymphoma, we examined some of these claims and fact-checked them for accuracy.

If you have more examples of glyphosate spin you’d like us to fact check, please email them to stacy@usrtk.org or tweet to us @USRighttoKnow.

Mark Lynas, Cornell Alliance for Science

Cornell Alliance for Science website (Nov. 2017)

This article by Mark Lynas contains several inaccurate and misleading statements. Like many promoting glyphosate products, the claims here focus on trying to discredit the International Agency for Research on Cancer (IARC), which classified glyphosate as a probable human carcinogen in 2015.

CLAIM: IARC is a “little known and rather flaky offshoot of the World Health Organization” that “finds almost everything carcinogenic”

FACT: IARC is the specialized cancer research agency of WHO with expert panels comprised of independent scientists from various disciplines of cancer research. In its 50-year history, IARC has assessed 1,013 substances and found 49% of those were “not classifiable as to its carcinogenicity to humans”; 20% were classified as known or probably carcinogenic to humans.

CLAIM: “early drafts of the IARC assessment were extensively altered at a late stage to point towards a carcinogenicity finding – even when the science they were assessing pointed away from this”

FACT: This claim is sourced with a flawed Reuters report by Kate Kelland that left out crucial facts, including the fact that most of the information IARC didn’t adopt from “early drafts” was from a review article co-authored by a Monsanto scientist. The review article  “did not provide adequate information for independent evaluation of the conclusions reached by the Monsanto scientist and other authors,” IARC said. Kelland has written a number of stories critical of IARC; documents released in 2019 establish that Monsanto secretly had a hand in some of her reporting.

Lynas used one other source to buttress his claims about wrongdoing at IARC: David Zaruk, a former chemical industry lobbyist who once worked for the public relations firm Burson-Marsteller.

CLAIM: Glyphosate is the “most benign chemical in world farming”

FACT: This statement is not science-based. Studies link glyphosate to a range of health concerns including cancer, endocrine disruption, liver disease, shortened pregnancies, birth defects and damage to beneficial gut bacteria. Environmental concerns include negative impacts on soil, bees and butterflies.

SOURCE: Mark Lynas is a former journalist turned promotional advocate for agrichemical products. He works for the Cornell Alliance for Science, a PR campaign housed at Cornell University that is funded by the Bill & Melinda Gates Foundation to promote and defend GMOs and pesticides.

American Council on Science and Health 

ACSH website (October 2017)

CLAIM: The IARC carcinogenicity report on glyphosate was a case of “scientific fraud”

FACT: ACSH based its “fraud” claims on the same two sources Mark Lynas of the Cornell Alliance for Science used one month later to attack IARC on the Cornell website: the former chemical industry lobbyist David Zaruk and the inaccurate article in Reuters that followed talking points that Monsanto gave the reporter.

SOURCE: The American Council on Science and Health is a front group that receives funding from chemical, pharmaceutical and tobacco companies, and pitches its services to industry groups for product defense campaigns, according to leaked internal documents. Emails from 2015 establish that Monsanto was funding ACSH and asked the group to write about the IARC glyphosate report. An ACSH staffer responded that they were already involved in a “full-court press re: IARC” regarding agrichemicals, phthalates and diesel exhaust.

Yvette d’Entremont, a.k.a. the “Sci Babe”

Self Magazine article (October 2018)

CLAIMS: “with over 800 studies on it, no study has shown the components in Roundup to cause cancer” … “there haven’t been major credible studies showing a causal link between Roundup and cancer.”

FACT: Several major credible studies link Roundup or its key component glyphosate to cancer, including a study submitted to the EPA in the 1980s that EPA scientists at the time said was evidence of cancer concerns. There are too many studies to list, but citations can be found in the 2015 International Agency for Research on Cancer Monograph on Glyphosate.

Additionally, a broad scientific analysis of the cancer-causing potential of glyphosate herbicides published in February 2019 found that people with high exposures had an increased risk of developing a type of cancer called non-Hodgkin lymphoma.

SOURCE: Yvette d’Entremont is a “contributing editor” to Self Magazine with a column called “SciBabe Explains.” Self Magazine does not disclose to its readers that SciBabe partners with companies whose products she defends. In 2017, the artificial sweetener company Splenda partnered with SciBabe to help “empower fans of the SPLENDA® Brand to take an active role in busting myths about sucralose.” Chemical companies have sponsored some of her speaking engagements at farming conferences.

Geoffrey Kabat, epidemiologist

Genetic Literacy Project website (October 2018)

CLAIM: Glyphosate “has been so thoroughly studied for toxicity and the concentrations found in humans are so low that there is no need for further study … there is really nothing left to justify further research!”

FACT: In sworn testimony admitted into evidence in ongoing litigation against Monsanto and its owner Bayer AG, former Monsanto CEO Hugh Grant acknowledged the company never did any epidemiology study of glyphosate-based herbicide formulations the company sells. The company also sought to block a toxicity evaluation of glyphosate formulations by the Agency for Toxic Substances and Disease Registry.

Moreover, these comments, which Dr. Kabat attributed to an anonymous source, ignore two key facts: independent studies link glyphosate to a wide range of health problems and environmental concerns, and evidence from court filings suggests that Monsanto interfered with scientific and regulatory assessments of glyphosate (see examples and sources here, here, here, and here).

According to Judge Vince Chhabria, who presided over a recent federal trial that resulted in $80 million in damages against Monsanto, “the plaintiffs have presented a great deal of evidence that Monsanto has not taken a responsible, objective approach to the safety of its product.” The judge also wrote:

Regarding pesticide residues in people, recent science is raising concerns that current regulations do not provide adequate health protections. See reporting by Carey Gillam, “Chemicals on our food: When ‘safe’ may not really be safe,” and commentaries by scientists here, here and here.

SOURCE: Dr. Geoffrey Kabat has longstanding ties to the tobacco industry and has published papers favorable to the tobacco industry that were funded by the tobacco industry. He serves on the board of directors of the parent organization of Genetic Literacy Project, which works with Monsanto on PR projects. Kabat is also on the advisory board of the front group American Council on Science and Health.

Patrick Moore, PR consultant

Video interview with Canal+ (March 2015)

CLAIM: “You can drink a whole quart of [glyphosate] and it won’t hurt you.”

FACT: Even Monsanto says you should not drink glyphosate. According to the company’s website, “glyphosate isn’t a beverage and should not be ingested – just like you wouldn’t drink shampoo or dish detergent. It is always important to use products for their intended purpose and as directed on the label.” (The post also clarifies that Moore “isn’t a Monsanto lobbyist or employee.”)

SOURCE: Moore has been portrayed as a co-founder of Greenpeace who “calls out his former group” as he argues for deregulation of toxic products or polluting industries. According to Greenpeace, “Once upon a time, Dr. Patrick Moore was an early Greenpeace member. Now he is a public relations consultant for the polluting companies that Greenpeace works to change.” In 2014, Moore testified to a U.S. Senate committee that there is no scientific evidence that human activity is causing global warming.

Kevin Folta, PhD, professor at the University of Florida

Tweets 2015 and 2013

CLAIM: “I’ve drank [glyphosate] before to demonstrate harmlessness” … “I’ve done it live and will do it again. Must be mixed w/coke or c-berry juice. Tastes soapy. No buzz”

FACT: While Dr. Folta may indeed have consumed glyphosate, this is bad advice coming from an unreliable source. As described above, even Monsanto says you should not drink glyphosate.

SOURCE: Professor Folta has misled the public on many occasions about his agrichemial industry ties. In 2017, Dr. Folta sued the New York Times and Pulitzer-Prize winning journalist Eric Lipton for reporting on Folta’s undisclosed collaborations with Monsanto to help defeat GMO labeling. The lawsuit was dismissed.

Alison van Eenennaam, PhD, animal geneticist, UC Davis 

video interview on the Real News Network (May 2015)

CLAIM: “I think there’s several very comprehensive meta-analyses that have been done recently that show there are no unique toxicological or carcinogenicity effects associated with the use of Roundup. There was the German Federal Institute for Risk Assessment that just reviewed hundreds of toxicological studies and nearly a thousand published reports, and concluded that the data showed neither carcinogenic or mutagentic properties of glyphosate, nor that glyphosate is toxic to fertility, reproduction, and or embryonic fetal development in lab animals And I wouldn’t call Germany necessarily a country where you would expect them to be doing a risk assessment that wasn’t really looking at what the data’s saying.”

FACT: A 2019 report commissioned by Members of Parliament in the European Union found that Germany’s risk assessment agency “copy-and-pasted tracts from Monsanto studies.” See reporting in the Guardian by Arthur Neslen, “EU glyphosate approval was based on plagiarised Monsanto text, report finds.

SOURCE: Dr. van Eenennaam is a leading promoter of genetically engineered animals and crops, and a fervent advocate for deregulation. Documents show she has coordinated with agrichemical companies and their public relations firms on PR and messaging.

Food Evolution documentary film 

This 2017 feature-length documentary promotes genetically engineered foods as the solution to world hunger but glosses over a key controversy at the center of the GMO debate: whether Roundup, the herbicide that most GM crops are engineered to resist, causes cancer. The film does not even mention the IARC report that found glyphosate to be a probable human carcinogen, and it relies on just two sources to claim that glyphosate is not a worry.

CLAIM: The film shows footage of Monsanto’s Robb Fraley giving a speech; when an audience member asked him about studies linking glyphosate to cancer or birth defects, Fraley waved his hand dismissively and said all those studies are “pseudoscience.”

FACT: Evidence from animal studies and epidemiological data published in reputable journals link glyphosate to several adverse impacts including cancer and birth defects.

CLAIM: A farmer claims that glyphosate has “very, very low toxicity; lower than coffee, lower than salt.”

FACT: Comparing the toxicity of short-term exposure of glyphosate to things like coffee or salt is irrelevant and misleading; concerns about links to cancer are based on chronic, long-term exposures to glyphosate.

SOURCE: Food Evolution was produced by Scott Hamilton Kennedy, narrated by Neil deGrasse Tyson and funded by the Institute for Food Technologists, an industry trade group. Dozens of academics have called it a propaganda film, and several people interviewed for the film described a sneaky and deceptive filming process. NYU Professor Marion Nestle asked to be taken out of the film, but the director refused.

Independent Women’s Forum

IWF website (August 2018)

CLAIM: “The truth is, glyphosate is not carcinogenic.”

FACT: This article by Julie Gunlock provides no scientific backing for its claims; the only links lead to previous IWF blogs accusing environmental groups of lying and “unnecessarily scaring moms.”

SOURCE: The Independent Women’s Forum promotes tobacco products, denies climate science and partners with Monsanto on events to defend pesticides. IWF is funded largely by right-wing foundations that promote deregulation for polluting industries.

The International Food Information Council

IFIC website  (January 2016)

CLAIM: IARC’s determination [that glyphosate is a probable human carcinogen] was found by numerous experts to have excluded dozens of studies that found no evidence of glyphosate being carcinogenic. Experts also found IARC’s review to be based on flawed and discredited science, some even going so far as to say the conclusion was ‘totally wrong.'”

FACT: IFIC relied on industry sources for these claims, linking to articles by Val Giddings, PhD, former trade group executive turned PR consultant for the agrichemical industry; and Keith Solomon, a toxicologist who was hired by Monsanto to assess the IARC report.

SOURCE: The International Food Information Council, funded by large food and chemical companies, promotes and defends sugar, artificial sweeteners, food additives, pesticides, processed foods and GMOs. A Monsanto PR plan identified IFIC as one of the “industry partners” that could help defend glyphosate from cancer concerns.

This photo posted to the IFIC glyphosate page (then deleted after we called attention to it) is an example of the type of messaging the food industry uses to try to convince women to trust their “experts.” 

New Monsanto documents expose cozy connection to Reuters reporter

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We knew from previously released documents that Reuters reporter Kate Kelland was a key connection for Monsanto in its endeavor to undermine and discredit the World Health Organization’s International Agency for Research on Cancer (IARC) scientists who classified glyphosate as a probable carcinogen in 2015. Now we have additional evidence of the coziness of the connection.

Not only did Kelland write a 2017 story that Monsanto asked her to write in exactly the way Monsanto executive Sam Murphey asked her to write it, (without disclosing to readers that Monsanto was the source,) but now we see evidence that a draft of a separate story Kelland did about glyphosate was delivered to Monsanto  before it was published, a practice typically frowned on by news outlets.

The emails shows the story written by Kelland was emailed to Murphey with the subject line “My draft, Confidential.”

The story, headlined “New study on Monsanto weed killer to feed into crucial EU vote,” was about preliminary findings of an unpublished study by an Italian scientist showing that experimental rats exposed to glyphosate at levels equivalent to those allowed in humans showed no initial adverse reaction. The final version was published on April 13, 2017.

And another newly released email details how Monsanto’s fingerprints were on at least two other Kelland stories. The March 1, 2016 email speaks of the involvement of Monsanto’s “Red Flag” campaign  in an already published Reuters story that was critical of  IARC and the desire to influence a second similar story Reuters was planning.  Red Flag is a Dublin-based PR and lobbying firm that works to defend glyphosate safety and promote pro-glyphosate messaging via third parties such as farmer groups.

According to the partly redacted email, “following engagement by Red Flag a number of months ago, the first piece was quite critical of IARC.”  The email goes on: “You may also be aware that Red Flag is in touch with Reuters regarding the second report in the series…”

A little over a month later, Reuters published Kelland’s story headlined “Special Report: How the World Health Organization’s cancer agency confuses consumers.” 

Those revelations follow the disclosure earlier this year of email correspondence detailing how Kelland helped Monsanto drive a false narrative about cancer scientist Aaron Blair in his role as head of the IARC working group that classified glyphosate as a probable carcinogen.  Internal Monsanto correspondence dated April 27, 2017 shows that Monsanto executive Sam Murphey sent the company’s desired narrative to Kelland with a slide deck of talking points and portions of the Blair deposition that was not filed in court.

On June 14, 2017, Kelland authored a controversial story based on what she said were “court documents,” that in reality were documents fed to her by Murphey. Because the documents Kelland cited were not really filed in court they were not publicly available for easy fact-checking by readers. By  falsely attributing the information as based on court documents she avoided disclosing Monsanto’s role in driving the story.

When the story came out, it portrayed Blair as hiding “important information”that found no links between glyphosate and cancer from IARC. Kelland wrote that a deposition showed that Blair “said the data would have altered IARC’s analysis” even though a review of the actual deposition shows that Blair did not say that.

Kelland provided no link to the documents she cited, making it impossible for readers to see for themselves how far she veered from accuracy.

The story was picked up by media outlets around the world, and promoted by Monsanto and chemical industry allies. Google advertisements were even purchased promoting the story. This story was also used by Monsanto to attack IARC on multiple fronts, including an effort by Monsanto to get Congress to strip funding from IARC.

There is nothing inherently wrong in receiving story suggestions that benefit companies from the companies themselves. It happens all the time. But reporters must be diligent in presenting facts, not corporate propaganda.

Reuters editor Mike Williams has defended Kelland’s work and declined to issue a clarification or correction on the Aaron Blair piece. He said “It was a great piece, and I stand by it fully.” Reuters “ethics editor” Alix Freedman also supports Kelland’s Blair story, despite the evidence of Monsanto’s involvement and the lack of disclosure of that involvement to readers. “We are proud of it and stand behind it,” Freedman said in an email.

On a personal note, I spent 17 years as a reporter at Reuters covering Monsanto and I am horrified at this violation of journalistic standards. It is particularly noteworthy that Alix Freedman is the same person who told me I was not allowed to write about many independent scientific studies of Monsanto’s glyphosate that were showing harmful impacts .

At the very least, Kelland should have been honest with readers and acknowledged that Monsanto was her source – on that story, and apparently many others. Reuters owes the world – and IARC – an apology.

For more background on this topic, see this article.

 

NYC Leaders Join Calls for Ban on Monsanto Herbicide

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This article was originally published in Environmental Health News.

“Parks should be for playing not pesticides”

By Carey Gillam

Two New York City council members introduced legislation today that would ban city agencies from spraying glyphosate-based herbicides and other toxic pesticides in parks and other public spaces.

The move is the latest in a groundswell of concern over pesticide use, particularly exposures to weed killing products developed by Monsanto, which is now a unit of Bayer AG. Cities, school districts and suppliers across the U.S. are increasingly halting use of the pesticides.

It is also a further sign that a growing number of people – consumers, educators, business leaders and others – are rejecting assurances from Monsanto and Bayer that glyphosate herbicides such as Roundup are safe for widespread use.

Bayer has recently taken out large advertisements in the Wall Street Journal and The New York Times and has been running television and Internet ad campaigns to defend the safety of its weed killing products. But concerns continue to mount.

“Parks should be for playing not pesticides,” said New York City council member Ben Kallos, a co-sponsor of the measure. “All families should be able to enjoy our city parks without having to worry that they are being exposed to toxic pesticides that could give them and their families cancer.”

The New York City measure would prohibit the application of synthetic pesticides within 75 feet of a natural body of water. And it would encourage city agencies to move to the use of biological pesticides, which are derived from naturally occurring substances rather than synthetic substances.

Glyphosate is commonly used in New York City, sprayed hundreds of times a year onto public greenspaces to treat weeds and overgrowth. Kallos told EHN he fears letting his young daughter play in famed Central Park because of the dangers of pesticide exposure.

Science, public awareness grow

Glyphosate is the world’s most widely used herbicide and is the active ingredient in not only Roundup brands but also hundreds of others sold around the world.

Since patenting glyphosate as a weed killer in 1974, Monsanto has always asserted it does not cause cancer and is much safer for people and the environment than other pesticides.

But scientific research developed over the last several decades has contradicted those corporate claims. Concerns escalated after the International Agency for Research on Cancer classified glyphosate as a probable human carcinogen in 2015.

More than 11,000 cancer victims are suing Monsanto alleging exposure to Roundup and other glyphosate products the company sells caused them to develop non-Hodgkin lymphoma.

The lawsuits also claim the company has long known about the cancer risks but has worked to keep that information from the public, in part by manipulating scientific data relied on by regulators.

The first two trials have ended in unanimous jury verdicts in favor of plaintiffs. A third trial is underway in California now.

Kallos is hoping that public awareness generated by the trials will drive support for his bill. A similar measure introduced in 2015 failed to gather enough support to pass.

“The science gets stronger and stronger every day, and public interest around the issue is getting stronger,” said Kallos.

Latest effort to limit or ban

The effort in New York is just one of many around the United States to ban or limit applications of glyphosate products and other pesticides.

City commissioners in Miami voted in favor of a ban on glyphosate herbicides in February. In March, the Los Angeles County Board of Supervisors issued a moratorium on glyphosate applications on county property to allow for a safety evaluation by public health and environmental experts.

The list of school districts, cities and home owners groups that have banned or limited the use of glyphosate and other similarly hazardous pesticides includes many in California where the state’s Office of Environmental Health Hazard Assessment (OEHHA) lists glyphosate as a known carcinogen.

This week, a group of Leesburg, Virginia, residents called on the town’s officials to stop using glyphosate along area stream banks.

Some large suppliers have also started backing away from glyphosate products. Harrell’s, a Florida-based turf, golf course and agricultural product supplier, stopped offering glyphosate products as of March 1.

Harrel’s CEO Jack Harrell Jr. said the company’s insurance provider was no longer willing to provide coverage for claims related to glyphosate, and the company was unable to secure adequate coverage from other insurers.

Costco has stopped selling Roundup—a corporate spokesperson says that they’ve removed the product from inventory for 2019. Salespeople at various stores contacted confirmed that they no longer offer the products.

And large independent garden center company Pike Nurseries in Georgia said earlier this month it is not restocking Roundup supplies due to declining sales.

On trial

The shunning of Monsanto’s products has not been helped by global publicity surrounding the first three Roundup cancer trials, which have placed internal Monsanto emails and strategic planning reports into the public spotlight and elicited testimony about the company’s handling of sensitive scientific concerns about perceived hazards of its herbicides.

In the trial currently underway, a case brought by a husband and wife who both have non-Hodgkin lymphoma they blame on their use of Roundup, evidence was introduced last week about the ease with which the weed killer can absorb into human skin.

Evidence was also laid out showing that Monsanto worked closely with the Environmental Protection Agency to block a toxicity review of glyphosate by a separate government agency.

The current trial, and the two previous trials, have all included evidence that Monsanto engaged in ghostwriting certain scientific papers that concluded glyphosate products were safe; and that Monsanto spent millions of dollars on projects aimed at countering the conclusions of the international cancer scientists who classified glyphosate as a probable carcinogen.

Bayer’s annual shareholders meeting is set for April 26 and angry investors are calling for answers from Bayer CEO Werner Baumann who drove the acquisition of Monsanto, closing the $63 billion deal just before the first Roundup cancer trial started last June.

The company maintains glyphosate herbicides are not carcinogenic and it will ultimately prevail.

But Susquehanna Financial Group analyst Tom Claps has warned shareholders to brace for a global settlement of between $2.5 billion and $4.5 billion. “It’s not a matter of ‘if’ Bayer will reach a global Roundup settlement, it is a matter of ‘when,'” Claps told investors in a recent report.

U.S. District Judge Vince Chhabria has ordered Bayer to enter into mediation, to discuss just such a potential settlement of the Roundup litigation.

Read the emails, texts that show EPA efforts to slow ATSDR glyphosate review

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Update: The ATSDR published their draft toxicological profile for glyphosate in April 2019. See coverage: ATSDR Report Confirms Glyphosate Cancer Risks, NRDC (4.11.2019); Some Links to Cancer Shown in Draft Review of Common Pesticide, Bloomberg (4.8.2019); Emails Show Monsanto Cozy with Feds, Courthouse News (4.15.2019).

This article by Carey Gillam was originally published in Huffington Post in August 2017:

Records Show EPA Efforts To Slow Herbicide Review Came In Coordination With Monsanto

Newly released government email communications show a persistent effort by multiple officials within the Environmental Protection Agency (EPA) to slow a separate federal agency’s safety review of Monsanto’s top-selling herbicide. Notably, the records demonstrate that the EPA efforts came at the behest of Monsanto, and that EPA officials were helpful enough to keep the chemical giant updated on their progress.

The communications, most of which were obtained through Freedom of Information Act (FOIA) requests, show that it was early 2015 when the EPA and Monsanto began working in concert to stall a toxicology review that a unit tied to the Centers for Disease Control and Prevention (CDC) was conducting on glyphosate, the key ingredient in Monsanto’s branded Roundup herbicide products.   The details revealed in the documents come as Monsanto is defending itself against lawsuits alleging that it has tried to cover up evidence of harm with its herbicides.

The Agency for Toxic Substances and Disease Registry (ATSDR), a federal public health agency that along with the CDC is part of the U.S. Department of Health and Human Services (HHS), is charged with evaluating the potential adverse human health effects from exposures to hazardous substances in the environment. So it made sense for the ATSDR to take a look at glyphosate, which is widely used on U.S. farms, residential lawns and gardens, school playgrounds and golf courses. Glyphosate is widely used in food production and glyphosate residues have been found in testing of human urine.

The ATSDR announced in February 2015 that it planned to publish a toxicological profile of glyphosate by October of that year. But by October, that review was on hold, and to this date no such review has yet been published. (Update: the draft review was finally published in April 2019.) The documents reveal this was no accident, no bureaucratic delay, but rather was the result of a collaborative effort between Monsanto and a group of high-ranking EPA officials.

For Monsanto, the timing of the ATSDR review was worrisome. In March 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) had declared glyphosate to be a probable human carcinogen, and Monsanto feared ATSDR might have similar concerns about the chemical. Previous reports have described how one EPA official, Jess Rowland, communicated to Monsanto in April 2015 his willingness to try to kill the ATSDR review. Rowland, who retired in 2016, was the deputy division director within the health effects division of the EPA’s Office of Pesticide Programs (OPP). Allegations of collusion between Rowland and Monsanto have prompted a probe by the EPA’s Office of Inspector General.

But the trove of documents newly obtained from within EPA and HHS demonstrate that the assistance to Monsanto came not only from Rowland but also from even higher-level EPA officials. Rather than encourage and assist the toxicology review of glyphosate, Monsanto and EPA officials repeatedly complained to ATSDR and HHS that such a review was unnecessarily “duplicative” and should take a back seat to an EPA review also underway.

The following timeline shows how the events unfolded:

May 19, 2015 – Michael Dykes, who at that time was Monsanto’s long-time vice president of government affairs, wrote directly to the EPA’s Jim Jones, the Assistant Administrator for the Office of Chemical Safety & Pollution Prevention. Jones had oversight of the EPA’s Office of Pesticide Programs (OPP) and was a presidential appointee who carried significant clout. The afternoon was waning when the email came in at 3:28 p.m. Dykes reminded Jones that they had recently discussed the HHS’ ATSDR glyphosate review at a meeting.

“You were not aware of their review. Did you learn anything more about their efforts?” Dykes asked.

Jones did not waste time. Roughly an hour later he forwarded the message to OPP Director Jack Housenger, writing “Monsanto thinks atsdr is doing a glyphosate Assessment. Could you guys run that down?” Housenger responds quickly: “Yes. Jess checked with them…. It has been difficult to get information.”

Within an hour Jones instructed a member of his staff to get him contact information for the head person responsible for ATSDR. She replied the next morning that Dr. Patrick Breysse was the point person. Breysse joined the CDC in 2014 as director of its National Center for Environmental Health, overseeing the NCEH’s ATSDR.

May 20, 2015 It was only a little after 8:30 a.m. but Jones told the staff member to instruct Housenger to get in touch with Breysse, and within two hours Housenger had penned an email to Breysse explaining that an EPA’s own re-evaluation/risk assessment of glyphosate was nearing completion, and asking Breysse if “you would still feel the need to do your assessment.” Housenger told Breysse that he already had reached the individual assigned to the ATSDR assessment and she had indicated she would “coordinate” with EPA, but that was not sufficient. Housenger did not mention Monsanto’s outreach to EPA on the issue, but instead questioned “whether this is a good use of government resources” for ATSDR to continue with its review. Breysse responded that he would “look into this” and Housenger thanked him for his quick response. Breysse then reached out to an ATSDR division director named James Stephens to arrange a discussion about the EPA request.

May 21, 2015 James Stephens wrote back to Patrick Breysse that the ATSDR team thought the EPA work “overlaps but isn’t totally duplicative…” and stated that the ASTDR team has not been able to see draft copies of the EPA’s work. “I think we would all welcome further discussion with EPA but would hope to use it to help us find out more about what they are doing, ” he told Breysse. After hearing from Stephens, Breysse wrote back to Housenger saying ATSDR staff would be in touch to discuss. Housenger replied with his reiteration that the ATSDR review would be a “duplicative government effort” and that the EPA draft would be out in July of 2015. (As of this writing, that EPA preliminary risk assessment still has not been released, though in 2016 the EPA did release a cancer assessment report that declared glyphosate was not likely to cause cancer.)

June 4, 2015 Pressing the issue, EPA’s Housenger wrote again to Breysee to say he had not heard from anyone yet. The ATSDR’s Stephens wrote back promising to make sure “someone gives you a ring.”  Internal Monsanto emails show that at the same time, Monsanto was also pushing the “duplicative” narrative with HHS, meeting on June 4 with HHS Deputy Assistant Secretary for Global Health Mitchel Wolfe to ask him to help repudiate the IARC classification and to recognize that a review of glyphosate was “not the primary role” for his agency. “Dr. Wolfe said he would follow up on what was going on with ATSDR and he was encouraged to have discussions with EPA staff, as well,” a Monsanto memo detailing the meeting states.

June 9, 2015 Henry Abadin, an ATSDR supervisory scientist, reported to Stephens that he had talked with Housenger and explained that the agency did not believe it was “duplicating efforts.” Nevertheless, he said he told EPA, “we did not have a problem with putting the glyphosate profile on hold, pending the OPP final report.”

June 19, 2015 To further ensure the ATSDR review didn’t move forward, Monsanto’s Dykes talked again with HHS’s Wolfe, asking for an update on ATSDR. “I explained… our question was about the purpose and scope of such a duplicative review by ATSDR. I also told him that we were concerned that ATSDR may come out any day with a report. I again stressed that we were concerned that they were even reviewing glyphosate as were the people we talked with at EPA,” Dykes wrote to colleagues.

June 21, 2015 It was a Sunday, but Monsanto’s Dykes was still concerned enough about the ATSDR review to copy multiple colleagues on a late night email to report that he had continued to press the “duplicative” point with ATSDR but was concerned about a “glyphosate review coming any day.”  In a text message sent that same day, Monsanto scientist Eric Sachs reached out to a former EPA toxicologist named Mary Manibusan asking for contacts at ATSDR. “We’re trying to do everything we can to keep from having a domestic IARC occur w this group. may need your help,” Sachs wrote. The text messages were among certain internal Monsanto records obtained by cancer victims who are suing Monsanto alleging Roundup caused their diseases.

June 23, 2015 By Tuesday, Monsanto’s Jenkins had good news: He had heard from Housenger that the EPA official had been successful in garnering a promise from ATSDR to put its report “on hold.” The review was not dead, however, he wrote: ATSDR argues “that their process is distinguishable and not duplicative. They look at different endpoints and told EPA they don’t “make a call on cancer”, but I think we should continue to be cautious.”

On June 24, 2015 Monsanto’s chief scientist William Heydens responded: “’Distinguishable and not duplicative’? Seriously? And I will believe the not ‘making a call on cancer’ part when I see it. Anyway, at least they know they are being watched, and hopefully that keeps them from doing anything too stupid…” Jenkins wrote back, acknowledging that Monsanto had much more to fear from ATSDR than EPA as the two agencies had arrived at “different conclusions” on other issues. He reported he had been told ATSDR was “VERY conservative and IARC like…”

By October 23, 2015 EPA and Monsanto had the ATSDR review fully on hold. EPA’s Housenger wrote to update Monsanto’s Jenkins: “They are waiting for our glyphosate RA. And they agreed to share what they do.”

That same month, the EPA’s Cancer Assessment Review Committee (CARC), which was chaired by Rowland, issued an internal report stating that contrary to IARC, the EPA’s review of glyphosate found it “not likely to be carcinogenic to humans.”

The EPA still has yet to issue the overall new risk assessment it said would be out in 2015. The agency has offered ever-changing timelines for the assessment, but now says its intends to release a draft risk assessment sometime this year. That will be followed by a 60-day public comment period. After the public comment period the EPA will determine whether any risk management is needed. In the meantime, Monsanto has cited the EPA’s backing of glyphosate safety as repudiation of the IARC finding both in court and with regulators in Europe who are also looking at glyphosate safety issues.

The EPA did not respond to a request for comment about its efforts to delay the ATSDR report or communications with Monsanto regarding that effort.

But Brent Wisner, a lawyer representing many of the cancer victims who are suing Monsanto, said the documents offer damning evidence of improperly close ties between the EPA and the chemical company. “I think it’s very clear… that EPA officials and Monsanto employees worked together to accomplish a goal of stopping that analysis at ATSDR. That is collusion. I don’t know what else you’d call that,” said Wisner.

For its part, the ATSDR said this week that the review it started in 2015 “is not complete” but that it anticipates a draft glyphosate toxicological profile to be issued for public comment by the end of this year. A spokesperson for the agency declined to discuss the circumstances surrounding the delay in the review.

And Jones, whose EPA job ended when the Trump administration took over, defended his responsiveness to Monsanto’s concern about the ATSDR review, saying it had only to do with the “efficient use of government resources.”

“Had any party contacted me and informed me that another agency within the Administration was simultaneously assessing a chemical as my organization, I would have intervened,” Jones said. “There is no value to the same government investing limited resources to work on the same issue. As you know resources at the federal level were and are scarce which made duplication even more problematic.” Jones said additionally that “when two organizations assess the same chemical, it is very likely there will be differences in their assessments.  Even when these differences don’t matter from a public health perspective, an enormous amount of energy is spent attempting to resolve these differences” and that is not ultimately in the “public interest.”

Bayer Makes Bid for “Trust” Amid Third Monsanto Cancer Trial

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Bayer AG, which bought Monsanto last summer, said Monday that it was making scientific studies available for public scrutiny in an effort to counter growing concerns about the safety of Monsanto’s flagship glyphosate-based herbicide products.

“Transparency is a catalyst for trust, so more transparency is a good thing for consumers, policymakers and businesses, Liam Condon, president of Bayer’s crop science division, said in a statement. Safety, he said, is the company’s top priority.

The comments come as pressure is mounting on Bayer management as roughly 11,000 people are suing Monsanto alleging glyphosate-based herbicides such as Roundup cause non-Hodgkin lymphoma, and Monsanto has hidden the risks and manipulated the scientific record. The first Roundup cancer trial resulted in a jury verdict of $289 million in damages against Monsanto, though a judge later lowered that to $78 million. The second such trial ended last month with a jury verdict of $80.2 million against Monsanto. The third trial is now underway.

Last week U.S. District Judge Vince Chhabria told Bayer attorneys and plaintiffs’ attorneys that he would like the parties to enter into mediation to discuss a possible settlement. He vacated a fourth trial set to begin in May.

Monsanto and Bayer deny the allegations and say the weight of science supports the safety of glyphosate herbicides. They also deny claims that company scientists ghost-wrote seemingly independent scientific papers and otherwise manipulated the scientific record.

“By making our detailed scientific safety data available, we encourage anyone interested to see for themselves how comprehensive our approach to safety is. We embrace the opportunity to engage in dialogue so we can build more trust in sound science,” said Condon.

The company said it was providing access to 107 Bayer-owned glyphosate safety study reports that were submitted to the European Food Safety Authority as part of the substance authorization process in the European Union. The studies are accessible on Bayer’s transparency platform.

The news from Bayer comes ahead of an April 26 shareholders meeting in which some investors are calling for the head of Bayer CEO Werner Baumann for leading the company into the Monsanto acquisition. Monsanto’s top management walked away with millions of dollars in exit packages just before the first Roundup cancer trial, leaving Bayer holding the bag for the litigation losses and the bad publicity. Since last summer, the company has seen an exodus of customers as retailers, cities, school districts and others say they are backing away from the Monsanto herbicides.

As Bayer focuses on its messaging outside the court room, epidemiologist Beate Ritz, professor at the University of California Los Angeles School of Public Health, is due to take the stand today in Pilliod v. Monsanto,  the third Roundup cancer trial. Ritz has testified in the two prior trials that her analysis of several scientific studies shows that  there is a “credible link” between glyphosate-based herbicides such as Monsanto’s Roundup and non-Hodgkin’s lymphoma.

The current case was brought by Alva and Alberta Pilliod, a married couple who both have non-Hodgkin lymphoma they allege is due to years of Roundup use.

Following Ritz will be testimony from Dennis Weisenburger, a pathologist specializing in studying the causes of non-Hodgkin lymphoma. Weisenburger testified in the Edwin Hardeman v. Monsanto trial that Roundup is a “substantial cause” of cancer in people who are exposed.

Meanwhile, plaintiffs’ attorneys continue to worry about what they believe to be “geofencing” by Monsanto.   Geofencing is a popular advertising technique that delivers specific messaging/content to anyone within a specific geographic area designated by the company or group paying for the ad. The area can be very small, a mile radius around a specific address, for instance.  Anyone within that designated area using an app on a smart phone – such as a weather app or a game – would then be delivered the ad. Targeted individuals don’t have to be searching for information; it just appears on their smart phone.

Plaintiffs’ attorneys raised the issue in the Hardeman case, and had concerns that Monsanto was pushing messaging to jurors through geofencing in the first Roundup cancer trial, which was brought by groundskeeper Dewayne “Lee” Johnson.

In the Pilliod case, the issue was discussed Thursday in court as the plaintiffs attorneys sought a judicial order to prohibit Monsanto from the tactic, but the judge was skeptical and declined to issue such an order.

Here is part of the exchange. All can be seen in the trial transcript. 

PLAINTIFFS’ ATTORNEY BRENT WISNER:  Your Honor, I think there’s one — and I get your point. I think just to clarify one procedural factual thing. Right? If I were to walk over to a juror personally and say to you, “Hey, Juror Number 3, Monsanto’s stuff causes cancer and all these studies show it,” I mean, that would be a mistrial. Instantaneously. That’s jury tampering. Right? Now if they do that same thing — if I did the same thing by targeting every person’s phone in this courtroom or every single person’s phone in this courthouse and pushing that information, that same message to them on their phone — and what happens is -­  I don’t know if you use your phone for this kind of purposes, but, for example, when I look at my ESPN app and I’m looking at the scores for the UCLA water polo team, or whatever, you know, there’s little ads that pop up.

THE COURT: Sure.

MR. WISNER: And those ads are saying “Federal judge says Roundup is safe.” That’s the kind of stuff
we’re seeing. We saw this happening with quite intensity in the Johnson trial. Numerous jurors during voir dire mentioned that they were having these things pushed on them as soon as they walked in the building. And so whether or not Monsanto is or is not doing that, I think that if they are, that should be
prohibited. That’s not really a point of First Amendment. That is now clearly targeting people that
they know they can’t speak to.

THE COURT: And you’re asking me to assign a subjective intent that I don’t know exists and it’s
still prior restraint. I mean, technology has taken us places probably we never thought it would go… I guess if I were picking sides, I might believe that. But I can’t pick sides.

Monsanto Relied on These “Partners” to Attack Top Cancer Scientists

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Related: Secret Documents Expose Monsanto’s War on Cancer Scientists, by Stacy Malkan

This fact sheet describes the contents of Monsanto’s confidential public relations plan to discredit the World Health Organization’s cancer research unit, the International Agency for Research on Cancer (IARC), in order to protect the reputation of Roundup weedkiller. In March 2015, the international group of experts on the IARC panel judged glyphosate, the key ingredient in Roundup, to be probably carcinogenic to humans.

The Monsanto plan names more than a dozen “industry partner” groups that company executives planned to “inform / inoculate / engage” in their efforts to protect the reputation of Roundup, prevent the “unfounded” cancer claims from becoming popular opinion, and “provide cover for regulatory agencies.” Partners included academics as well as chemical and food industry front groups, trade groups and lobby groups — follow the links below to fact sheets that provide more information about the partner groups.

Together these fact sheets provide a sense of the depth and breadth of the corporate attack on the IARC cancer experts in defense of Monsanto’s top-selling herbicide.

Monsanto’s objectives for dealing with the IARC carcinogenicity rating for glyphosate (page 5).

Background

A key document released in 2017 in legal proceedings against Monsanto describes the corporation’s “preparedness and engagement plan” for the IARC cancer classification for glyphosate, the world’s most widely used agrichemical. The internal Monsanto document — dated Feb. 23, 2015 — assigns more than 20 Monsanto staffers to objectives including “neutralize impact of decision,” “regulator outreach,” “ensure MON POV” and “lead voice in ‘who is IARC’ plus 2B outrage.” On March 20, 2015, IARC announced its decision to classify glyphosate as Group 2A carcinogen, “probably carcinogenic to humans.”

For more background, see: “How Monsanto Manufactured Outrage at Chemical Cancer Classification it Expected,” by Carey Gillam, Huffington Post (9/19/2017)

Monsanto’s Tier 1-4 “Industry Partners”

Page 5 of the Monsanto document identifies four tiers of “industry partners” that Monsanto executives planned to engage in its IARC preparedness plan. These groups together have a broad reach and influence in pushing a narrative about cancer risk that protects corporate profits.

Tier 1 industry partners are agrichemical industry-funded lobby and PR groups.

Tier 2 industry partners are front groups that are often cited as independent sources, but work with the chemical industry behind the scenes on public relations and lobbying campaigns.

Tier 3 industry partners are food-industry funded nonprofit and trade groups. These groups were tapped to, “Alert food companies via Stakeholder Engagement team (IFIC, GMA, CFI) for ‘inoculation strategy’ to provide early education on glyphosate residue levels, describe science-based studies versus agenda-driven hypotheses” of the independent cancer panel.

Tier 4 industry partners are “key grower’s associations.” These are the various trade groups representing corn, soy and other industrial growers and food manufacturers.

Orchestrating outcry against the cancer report on glyphosate

Monsanto’s PR document described their plans to conduct robust media and social media outreach to “orchestrate outcry with the IARC decision.”

How that played out can be seen in the writings of the industry partner groups that used common messaging and sources to accuse the cancer research agency of wrongdoing and attempt to discredit the scientists who worked on the glyphosate report.

Examples of the attack messaging can be seen on the Genetic Literacy Project website. This group claims to be an independent source on science, however, documents obtained by U.S. Right to Know show that Genetic Literacy Project works with Monsanto on PR projects without disclosing those collaborations. Jon Entine launched the group in 2011 when Monsanto was a client of his PR firm. This is a classic front group tactic; moving a company’s messaging through a group that claims to be independent but isn’t.

Plan suggests Sense About Science to “lead industry response”

Monsanto’s PR document discusses plans to conduct robust media and social media outreach to “orchestrate outcry with the IARC decision.” The plan suggests the group Sense About Science (in brackets with a question mark) for “leads industry response and provides platform for IARC observers and industry spokesperson.”

Sense About Science is a public charity based in London that claims to promote public understanding of science, but the group is “known to take positions that buck scientific consensus or dismiss emerging evidence of harm,” reported Liza Gross in The Intercept. In 2014, Sense About Science launched a US version under the direction of  Trevor Butterworth, a writer with a long history of disagreeing with science that raises health concerns about toxic chemicals.

Sense About Science is related to the Science Media Centre, a science PR agency in London that receives corporate funding and is known for pushing corporate views of science. A reporter with close ties to the Science Media Centre, Kate Kelland, has published several articles in Reuters critical of the IARC cancer agency that were based on false narratives and inaccurate incomplete reporting. The Reuters articles have been heavily promoted by Monsanto’s “industry partner” groups and were used as the basis for political attacks against IARC.

For more information:

  • “IARC rejects false claims in Reuters article,” IARC statement (3/1/18)
  • Reuters’ Aaron Blair IARC story promotes false narrative, USRTK (7/24/2017)
  • Reuters’ claim that IARC “edited out” findings is also false, USRTK (10/20/2017)
  • “Are corporate ties influencing science coverage?” Fairness and Accuracy in Reporting (7/24/2017)

“Engage Henry Miller”

Page 2 of the Monsanto PR document identifies the first external deliverable for planning and preparation: “Engage Henry Miller” to “inoculate / establish public perspective on IARC and reviews.”

“I would if I could start with a high-quality draft.”

Henry I. Miller, MD, a fellow at the Hoover Institution and founding director of the FDA’s Office of Biotechnology, has a long documented history of working with corporations to defend hazardous products. The Monsanto plan identifies the “MON owner” of the task as Eric Sachs, Monsanto’s science, technology and outreach lead.

Documents later reported by The New York Times reveal that Sachs emailed Miller a week before the IARC glyphosate report to ask if Miller was interested in writing about the “controversial decision.” Miller responded, “I would if I could start with a high-quality draft.” On March 23, Miller posted an article on Forbes that “largely mirrored” the draft provided by Monsanto, according to the Times. Forbes severed its relationship with Miller in the wake of the ghostwriting scandal and deleted his articles from the site.

American Council on Science and Health 

Although the Monsanto PR document did not name the corporate-funded American Council on Science and Health (ACSH) among its “industry partners,” emails released via litigation show that Monsanto funded the American Council on Science and Health and asked the group to write about the IARC glyphosate report.  The emails indicate that Monsanto executives were uncomfortable about working with ACSH but did so anyway because, “we don’t have a lot of supporters and can’t afford to lose the few we have.”

Monsanto’s senior science lead Daniel Goldstein wrote his colleagues, “I can assure you I am not all starry eyed about ACSH- they have PLENTY of warts- but: You WILL NOT GET A BETTER VALUE FOR YOUR DOLLAR than ACSH” (emphasis his). Goldstein sent links to dozens of ACSH materials promoting and defending GMOs and pesticides that he described as “EXTREMELY USEFUL.”

See also: Tracking the Agrichemical Industry Propaganda Network 

Follow the findings of U.S. Right to Know and media coverage about collaborations between food industry groups and academics on our investigations page. USRTK documents are also available in the Chemical Industry Documents Library hosted by UCSF.