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.

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.

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

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This article was originally published in Environmental Health News.

By Carey Gillam

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mediation meeting

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

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

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

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

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

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

“The Queen of Roundup”

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

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

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

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

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

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

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

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

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

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

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.

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.

Trimmed-Down Testimony as Monsanto Cancer Trial Winds Down

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Find more updates and documents from the trials in our Monsanto Trial Tracker.

Lawyers for Edwin Hardeman have substantially cut down the number of witnesses and evidence to present to jurors who must decide if Monsanto and its new owner Bayer are liable for Hardeman’s development of non-Hodgkin lymphoma after years of use of Monsanto’s Roundup. They have but a few hours left allotted to them by the judge, who has said he expects closing arguments by Tuesday.

The six-member jury team decided last week that Roundup was in fact a substantial factor in causing Hardeman’s cancer. The trial is now focused on whether or not Monsanto should be blamed, and if so, how much – if anything – the company should pay Hardeman in damages.

But making that case may be difficult given the short amount of time the plaintiff’s attorneys have left in the total “time clock” that Judge Vince Chhabria set. He gave each side 30 hours to make their case.

Hardeman’s attorneys used most of their time in the first half of the trial and now have but a few remaining hours. As a result, they have informed the judge that they will not be calling planned testimony from Monsanto executives Daniel Goldstein, Steven Gould, David Heering, or Daniel Jenkins. They also will not be presenting planned testimony from Roger McClellan, editor of the scientific journal Critical Reviews in Toxicology (CRT), and at least four other witnesses.

McClellan was overseeing CRT when the journal published a series of papers in September 2016 that rebuked the finding by the International Agency for Research on Cancer (IARC) finding that glyphosate was a probable human carcinogen. The papers purported to be written by independent scientists who found that the weight of evidence showed the weed killer was unlikely to pose any carcinogenic risk to people. But internal Monsanto documents show that the papers were conceptualized from the outset as a strategy by Monsanto to discredit IARC. One of Monsanto’s top scientists not only reviewed the manuscripts but had a hand in drafting and editing them, though that was not disclosed by CRT.

Hardeman’s attorneys plan about three more hours of testimony from various witnesses, including former Monsanto Chairman and CEO Hugh Grant, who received an exit payment of about $32 million when Bayer AG bought Monsanto last summer.

Discussion of Damages

Both sides have already agreed that Hardeman has suffered a loss of approximately $200,000 in economic damages, but Hardeman’s attorneys are expected to ask for many tens of millions of dollars, and possibly hundreds of millions of dollars for total damages, including punitive.

Lawyers for Monsanto have objected to any discussion of Monsanto’s wealth and the $63 billion Bayer paid for Monsanto, but the judge has allowed some financial information to be shared with jurors.

Jurors may not ever be told exactly how much money Monsanto has made over the years in sales of its glyphosate herbicides, but a look at just one year of financials – 2012, the year Hardeman stopped using Roundup – shows the company made roughly $2 billion in total profits that year.

Judge Chhabria noted in discussions with attorneys out of the presence of the jury that Hardeman’s attorneys might want to argue that Monsanto spent a lot of money on advertising and payouts to executives rather than conducting long-term safety studies on its products. The money issues might be relevant to jurors’ deliberation over potential punitive damages, Chhabria said.

“It may be relevant to Monsanto’s ability to pay, but it seems even more relevant to
the issue of what was knowable — both liability and punitive damages, whether Monsanto’s conduct was extreme and outrageous,” Judge Chhabria said.  “Why can’t they argue, look at all the money Monsanto has been willing to spend on advertising and it’s not willing to, you know, conduct any sort of objective inquiry into the safety of its product.”

“It is not as much about the company’s ability to pay as it is about the company’s conduct with respect to the safety of its product,” Chhabria said. “Look at all these things that the company is spending extreme amounts of money on, and it’s not willing to lift a finger to conduct any sort of objective inquiry about the safety of its product.  That, I assume, is their argument. ”

Chhabria said the evidence of Monsanto’s finance could be “probative” of the  “outrageousness of the company’s conduct.”

Pilliod Trial Beginning 

A third Roundup cancer trial gets underway this week in Alameda County Superior Court in Oakland, California. Alva and Alberta Pilliod,  husband and wife, take on Monsanto and Bayer with claims they both are suffering from non-Hodgkin lymphoma due to exposure to Monsanto’s Roundup products.

Voir dire for jury selection begins today in Oakland and opening statements are expected to begin Thursday.  See documents related to that case at this link. 

The judge in the Pilliod case rejected Monsanto’s request to bifurcate the trial. The legal team presenting the Pilliod case includes Los Angeles attorney Brent Wisner, who gained notoriety for the win by plaintiff Dewayne “Lee” Johnson over Monsanto in the first-ever Roundup cancer trial last summer.

Weed Killer Residues Found in 98 Percent of Canadian Honey Samples

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Study is the latest evidence that glyphosate herbicides are so pervasive that residues can be found in foods not produced by farmers using glyphosate.

This article was originally published in Environmental Health News.

By Carey Gillam

As U.S. regulators continue to dance around the issue of testing foods for residues of glyphosate weed killers, government scientists in Canada have found the pesticide in 197 of 200 samples of honey they examined.

The authors of the study, all of whom work for Agri-Food Laboratories at the Alberta Ministry of Agriculture and Forestry, said the prevalence of glyphosate residues in honey samples – 98.5 percent – was higher than what was reported in several similar studies done over the last five years in other countries.

Glyphosate is the world’s most widely used herbicide and is the active ingredient in Roundup brands as well as hundreds of others sold around the world for agriculture and other purposes. Use has grown dramatically over the last 25 years and consumers have become concerned about residues of the herbicide in their food.

The data provides fresh evidence that glyphosate herbicides are so pervasive in the environment that residues can be found even in a food that is not produced by farmers using glyphosate. The researchers noted in their report that they ran into delays trying to calibrate their testing equipment “due to difficulties encountered in obtaining a honey sample which did not contain traces of glyphosate.”

Bees pick up traces of pesticides as they move from plant to plant, unintentionally transferring residues from crops or weeds sprayed with glyphosate back to their hives.

In a different study, researchers on the Hawaiian island of Kauai took honey directly from 59 bee hives and found glyphosate residues in 27 percent of them. The Hawaiian researchers said bee hives located near farming areas as well as golf courses where glyphosate is used had higher concentrations of the pesticide.

The Canadian report also comes amid growing evidence that glyphosate herbicides can cause cancer, specifically non-Hodgkin’s lymphoma. On Tuesday a jury in San Francisco unanimously found that Roundup, a glyphosate-based herbicide made popular by chemical manufacturer Monsanto Co., use was a “substantial factor” in causing non-Hodgkin’s lymphoma in a California man. That echoed a similar unanimous jury verdict handed down in August in a separate case in which a cancer victim also alleged his disease was due to exposure to Monsanto’s glyphosate-based herbicides.

Both verdicts came after plaintiffs’ lawyers presented evidence of multiple studies showing the cancer-causing potential of glyphosate herbicides, including one published last month in a journal whose editor is a senior scientist at the U.S. Environmental Protection Agency (EPA).

The Canadians’ decision to examine honey samples for glyphosate comes after a similar look at honey samples by a U.S. Food and Drug Administration chemist in 2017. That FDA scientist found all 28 honey samples he looked at had traces of glyphosate, with 61 percent of the samples having enough glyphosate to be measured. The other samples had residues of the herbicide too slight to measure.

“Safe” levels

The Canadian report, published in a journal called Food Additives & Contaminants: Part A, said that glyphosate is currently an active ingredient in 181 herbicides registered for use in Canada and its widespread use has made it commonly found in the environment.

The study authors pointed out that Canada, like the United States, does not have a legal standard for how much of the herbicide is considered safe in honey. Regulators in different countries set what are referred to as “maximum residue limits” (MRLs) and tell consumers their food is safe if pesticide residues remain below the MRLs. In Europe, the MRL for glyphosate in honey is 0.05 mg/kg, also expressed as 50 μg/kg.

The Canadian study authors said that all of the levels they found were below the European limit, though the highest was just barely within the legal limit. Because the residues did not exceed the MRL, they said, “the risk to consumer health appears to be quite low based on the residues detected.”

Several of the residue levels found by the FDA scientist in U.S. honey were above that so-called safe level that applies in the European Union. But the FDA, like the U.S. Department of Agriculture (USDA) and EPA, assert that as long as pesticide residues are below the legal MRLs, they are not harmful.

Many scientists do not agree that MRLs actually are protective of public health, however.

“People think the standards are protective of public health but they are not,” Dr. Philip Landrigan, director of the Global Public Health Program at Boston College, told EHN. “The optimal amount” of pesticide residues in food is “zero,” he said. “Remember, many of the people eating honey are children.”

A team of Harvard scientists published a commentary in October stating that more research about potential links between disease and consumption of pesticide residues is “urgently needed” as more than 90 percent of the U.S. population has pesticide residues in their urine and blood.

The United States has fallen behind Europe, Canada and other countries in testing foods for residues of glyphosate. Though both the FDA and the USDA annually test thousands of food samples for pesticide residues and report the data in reports, both agencies have not included glyphosate in their yearly testing programs.

In fact, the honey test data gathered by the FDA chemist was never published by the FDA and was not included in the agency’s first-ever glyphosate testing data that was released late last year as part of the annual test data report.

The USDA has similarly balked at testing foods for glyphosate residues for decades. The agency planned to start limited testing in 2017 but dropped the plan with little explanation only a couple of months before testing was to have started.

Legislative push for testing

Amid all the concerns about glyphosate and residues in food, U.S. Rep Rosa DeLauro of Connecticut this month introduced a measure called the “Keep Food Safe From Glyphosate Act.” The bill would require the USDA to routinely test food samples for glyphosate residues.

The bill would also ban the spraying of glyphosate as a desiccant on oats. The practice is employed by some farmers to dry their oats before harvesting. It makes harvest more efficient but leaves higher residues on finished oat-based foods.

Monsanto, now a unit of Bayer AG, has marketed glyphosate for use on oats as a desiccant for years, and the company also has successfully convinced the EPA to raise the MRL for glyphosate residues allowed in oat products. In 1993, for example, the EPA had a tolerance for glyphosate in oats at 0.1 parts per million (ppm) but in 1996 Monsanto asked EPA to raise the tolerance to 20 ppm and the EPA did as asked. In 2008, at Monsanto’s suggestion, the EPA again looked to raise the tolerance for glyphosate in oats, this time to 30 ppm.

In her bill, DeLauro is looking to slash the MRL for glyphosate residues in oats to 0.1 ppm.

Canadian farmers are among the world’s top producers of oats, and desiccation with glyphosate has been a common practice there.

Health Canada has rejected concerns about glyphosate safety, saying: “No pesticide regulatory authority in the world currently considers glyphosate to be a cancer risk to humans at the levels at which humans are currently exposed.”

In addition to testing for glyphosate residues, the Canadian scientists also tested for residues of glyphosate’s main degradation product, a metabolite called aminomethylphosphonic acid (AMPA). Like glyphosate, AMPA has long been considered to have low toxicity. AMPA was detected in 198 of the 200 samples up to a concentration of 50.1 μg/kg.

“The contribution of glyphosate and AMPA residues present in the ambient environment to contamination of plant nectar and subsequently honey itself is further complicated by the variations in the levels of these compounds in environmental matrices such as soil and surface water,” the scientists said in their report.

The scientists also looked for residues of the weed killer glufosinate and found residues of that herbicide in 125 of 200 samples, with the maximum concentration detected being 33 μg/kg.

Glufosinate is the active ingredient in BASF’s Liberty herbicide.

Geoffrey Kabat’s Ties to Tobacco and Chemical Industry Groups

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Geoffrey Kabat, PhD, is a cancer epidemiologist and author of two books arguing that that health hazards of pesticides, electromagnetic fields, secondhand tobacco smoke and other environmental exposures are “greatly overblown.” He is often quoted in the press as an independent expert on cancer risk. Reporters who use Dr. Kabat as a source should be aware of (and disclose) his longstanding ties to the tobacco industry and involvement with groups that partner with the chemical industry on PR and lobbying campaigns.

Front group leader and advisor

Dr. Kabat is a member of the board of directors of the Science Literacy Project, the parent group of Genetic Literacy Project, which works behind the scenes with Monsanto to promote and defend agrichemical products. Dr. Kabat is also a member of the board of scientific advisors of the American Council on Science and Health (ACSH), a group that receives funding from chemical, tobacco and pharmaceutical companies.

Both Genetic Literacy Project and ACSH partnered with Monsanto on a public relations campaign to attempt to discredit the International Agency for Research on Cancer (IARC) for its report that glyphosate, the main ingredient in Monsanto’s Roundup herbicide, is a probable human carcinogen. According to documents released via litigation:

  • A Monsanto PR plan (February 2015) named Genetic Literacy Project among the “industry partners” Monsanto planned to engage in its efforts to “neutralize [the] impact” of the IARC report. The goals of Monsanto’s plan were to “protect the reputation and FTO of Roundup” and “provide cover for regulatory agencies…” GLP has since posted more than 200 articles critical of the cancer agency.
  • Emails from February 2015 show that Monsanto funded ACSH on an ongoing basis and reached out to give ACSH the “full array” of Monsanto information about the IARC report on glyphosate. In the emails, Monsanto staffers discussed the usefulness of ACSH’s materials on pesticides, and one wrote, “You WILL NOT GET A BETTER VALUE FOR YOUR DOLLAR than ACSH.” (emphasis in original)
  • ACSH staffers told Monsanto the IARC glyphosate report was on their radar, and noted, “We are involved in a full-court press re: IARC, regarding ag-chemicals, DINP [phthalate] and diesel exhaust.”

These groups used similar messaging to attack the IARC cancer researchers as “scientific frauds” and “anti-chemical enviros” who “lied” and “conspired to misrepresent” the science on glyphosate. They cited Dr. Kabat as a key source for claims that IARC is “discredited” and “only enviro-fanatics” pay attention to reports on cancer hazard. Dr. Kabat has written that “there are literally no more studies we can do to show glyphosate is safe,” based on an interview with an anonymous expert.

Attacking scientists who raise cancer concerns

Another example of how Dr. Kabat aids the Monsanto-connected groups can be found in his efforts to discredit a different group of scientists who raised cancer concerns about glyphosate in a February 2019 meta-analysis. The meta-analysis, co-authored by three scientists who were tapped by EPA to serve on an expert scientific advisory committee on glyphosate, reported “compelling links” between exposures to glyphosate-based herbicides and increased risk of non-Hodgkin lymphoma.

Dr. Kabat skewered the analysis in an article that was first published on Forbes but was later removed after Forbes editors received complaints about Kabat’s lack of disclosure about his ties to ACSH. When questioned about the issue, Forbes said the article was pulled because it violated Forbes standards and Kabat would no longer be a contributor to Forbes.

Dr. Kabat’s deleted Forbes article can still be read on Science 2.0, a website run by the former director of ACSH, and a version appears on Genetic Literacy Project. GLP Executive Director Jon Entine promoted Dr. Kabat’s article along with suggestions that the scientists may have committed “deliberate fraud.”

https://twitter.com/JonEntine/status/1100431041871953920
Jon Entine is also tied in with the American Council on Science and Health. ACSH published Entine’s 2011 book that defends atrazine, a pesticide manufactured by Syngenta, which was funding ACSH.

For more information about industry-orchestrated attacks on IARC, see:

Dr. Kabat’s longstanding tobacco ties

Dr. Kabat has published several papers favorable to the tobacco industry that were funded by the tobacco industry. He and his co-author on some of those papers, James Enstrom (a trustee of the American Council on Science and Health), have longstanding ties to the tobacco industry, according to a 2005 paper in BMJ Tobacco Control.

In a widely cited 2003 paper in BMJ, Kabat and Enstrom concluded that secondhand smoke does not increase the risk of lung cancer and heart disease. The study was sponsored in part by the Center for Indoor Air Research (CIAR), a tobacco industry group. Although that funding was disclosed, a follow-up analysis in BMJ Tobacco Control found that the disclosures provided by Kabat and Enstrom, although they met the journal’s standards, “did not provide the reader with a full picture of the tobacco industry’s involvement with the study authors. The tobacco industry documents reveal that the authors had long standing financial and other working relationships with the tobacco industry.” (emphasis added)

This table in the BMJ Tobacco Control paper reports the early ties:

Source: https://tobaccocontrol.bmj.com/content/14/2/118

In 2019, a search for Geoffrey Kabat in the UCSF Tobacco Industry Documents brings up over 800 documents, including a 2007 invoice to Phillip Morris for over $20,000 for “consulting on the health effects of low-yield cigarettes” billed at $350 an hour.

In 2008, Kabat and Enstrom published a paper partly funded by Phillip Morris reporting that previous assessments appeared to have overestimated the strength of the association between environmental tobacco smoke and coronary heart disease.

In 2012, Dr. Kabat co-authored a paper finding that mentholated cigarettes were not an important contributor to esophageal cancer. For that paper, Dr. Kabat declared he had “served as a consultant to a law firm and to a consulting firm on the health effects of menthol cigarettes.”

For more information from U.S. Right to Know about front groups and academics with undisclosed ties to food and chemical companies, see our Agrichemical Industry Propaganda Tracker.

Weedkiller ‘Raises Risk of Non-Hodgkin Lymphoma by 41%’

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Study says evidence ‘supports link’ between exposure to glyphosate and increased risk

This article was originally published in the Guardian.

By Carey Gillam

A broad new scientific analysis of the cancer-causing potential of glyphosate herbicides, the most widely used weedkilling products in the world, has found that people with high exposures to the popular pesticides have a 41% increased risk of developing a type of cancer called non-Hodgkin lymphoma.

The evidence “supports a compelling link” between exposures to glyphosate-based herbicides and increased risk for non-Hodgkin lymphoma (NHL), the authors concluded, though they said the specific numerical risk estimates should be interpreted with caution.

The findings by five US scientists contradict the US Environmental Protection Agency’s (EPA) assurances of safety over the weed killer and come as regulators in several countries consider limiting the use of glyphosate-based products in farming.

Monsanto and its German owner Bayer AG face more than 9,000 lawsuits in the US brought by people suffering from NHL who blame Monsanto’s glyphosate-based herbicides for their diseases. The first plaintiff to go to trial won a unanimous jury verdict against Monsanto in August, a verdict the company is appealing. The next trial, involving a separate plaintiff, is set to begin on 25 February, and several more trials are set for this year and into 2020.

Monsanto maintains there is no legitimate scientific research showing a definitive association between glyphosate and NHL or any type of cancer. Company officials say the EPA’s finding that glyphosate is “not likely” to cause cancer is backed by hundreds of studies finding no such connection.

The company claims the scientists with the International Agency for Research on Cancer (IARC) who classified glyphosate as a probable human carcinogen in 2015 engaged in improper conduct and failed to give adequate weight to several important studies.

But the new analysis could potentially complicate Monsanto’s defense of its top-selling herbicide. Three of the study authors were tapped by the EPA as board members for a 2016 scientific advisory panel on glyphosate. The new paper was published by the journal Mutation Research /Reviews in Mutation Research, whose editor in chief is EPA scientist David DeMarini.

The study’s authors say their meta-analysis is distinctive from previous assessments. “This paper makes a stronger case than previous meta-analyses that there is evidence of an increased risk of NHL due to glyphosate exposure,” said co-author Lianne Sheppard, a professor in the Environmental and Occupational Health Sciences department at the University of Washington. “From a population health point of view there are some real concerns.”

Sheppard was one of the scientific advisers to the EPA on glyphosate and was among a group of those advisers who told the EPA that it failed to follow proper scientific protocols in determining that glyphosate was not likely to cause cancer. “It was wrong,” Sheppard said of the EPA glyphosate assessment. “It was pretty obvious they didn’t follow their own rules. “Is there evidence that it is carcinogenic? The answer is yes.”

An EPA spokesperson said: “We are reviewing the study.” Bayer, which bought Monsanto in the summer of 2018, did not respond to a request for comment about the study.

A Bayer statement on glyphosate cites the EPA assessment and says that glyphosate herbicides have been “extensively evaluated” and are proven to be a “safe and efficient weed control tool”.

The study authors said their new meta-analysis evaluated all published human studies, including a 2018 updated government-funded study known as the Agricultural Health Study (AHS). Monsanto has cited the updated AHS study as proving that there is no tie between glyphosate and NHL. In conducting the new meta-analysis, the researchers said they focused on the highest exposed group in each study because those individuals would be most likely to have an elevated risk if in fact glyphosate herbicides cause NHL.

Looking only at individuals with real-world high exposures to the pesticide makes it is less likely that confounding factors may skew results, the authors said. In essence – if there is no true connection between the chemical and cancer then even highly exposed individuals should not develop cancer at significant rates.

In addition to looking at the human studies, the researchers also looked at other types of glyphosate studies, including many conducted on animals.

“Together, all of the meta-analyses conducted to date, including our own, consistently report the same key finding: exposure to GBHs are associated with an increased risk of NHL,” the scientists concluded.

David Savitz, professor of epidemiology in the Brown University School of Public Health, said the work was “well conducted” but lacking “fundamentally new information”.

“I would suggest it sustains the concern and need for assessment but doesn’t put the question to rest in any definitive sense,” Savitz said.

In a statement Bayer later said, “[The study] does not provide new epidemiology data; instead, it is a statistical manipulation that is at odds with the extensive body of science, 40 years of real world experience and the conclusions of regulators.”

It added: “[The study] provides no scientifically valid evidence that contradicts the conclusions of the extensive body of science demonstrating that glyphosate-based herbicides are not carcinogenic.”

Glyphosate Fact Sheet: Cancer and Other Health Concerns

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Glyphosate, a synthetic herbicide patented in 1974 by the Monsanto Company and now manufactured and sold by many companies in hundreds of products, has been associated with cancer and other health concerns. Glyphosate is best known as the active ingredient in Roundup-branded herbicides, and the herbicide used with “Roundup Ready” genetically modified organisms (GMOs).

Herbicide tolerance is the most prevalent GMO trait engineered into food crops, with some 90% of corn and 94% of soybeans in the U.S. engineered to tolerate herbicides, according to USDA data. A 2017 study found that Americans’ exposure to glyphosate increased approximately 500 percent since Roundup Ready GMO crops were introduced in the U.S in 1996. Here are some key facts about glyphosate:

Most Widely Used Pesticide

According to a February 2016 study, glyphosate is the most widely used pesticide: “In the U.S., no pesticide has come remotely close to such intensive and widespread use.” Findings include:

  • Americans have applied 1.8 million tons of glyphosate since its introduction in 1974.
  • Worldwide 9.4 million tons of the chemical has been sprayed on fields – enough to spray nearly half a pound of Roundup on every cultivated acre of land in the world.
  • Globally, glyphosate use has risen almost 15-fold since Roundup Ready GMO crops were introduced.

Cancer Concerns

The scientific literature and regulatory conclusions regarding glyphosate and glyphosate-based herbicides show a mix of findings, making the safety of the herbicide a hotly debated subject:

In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans” after reviewing years of published and peer-reviewed scientific studies. The team of international scientists found there was a particular association between glyphosate and non-Hodgkin lymphoma.

At the time of the IARC classification, the Environmental Protection Agency (EPA) was conducting a registration review. The EPA’s Cancer Assessment Review Committee (CARC) issued a report in September 2016 concluding that glyphosate was “not likely to be carcinogenic to humans” at doses relevant to human health. In publishing the CARC report, the EPA said that it was beginning work with the National Toxicology Program to investigate the mechanisms and toxic effects of glyphosate formulations. The agency then convened a Scientific Advisory Panel (SAP) in December 2016 to review the CARC report conclusion that glyphosate was not likely to be carcinogenic. The scientific advisory panel members were divided in their assessment of EPA’s work, with some finding the EPA erred in how it evaluated certain research. Additionally, the EPA’s Office of Research and Development determined that the agency’s Office of Pesticide Programs had not followed proper protocols in its evaluation of glyphosate. An ORD memo stated that the government scientists agreed in part with IARC and believed EPA was not properly following guidelines in coming to the conclusion that glyphosate was not likely to be carcinogenic. ORD said the evidence could be deemed to support a “likely” carcinogenic or “suggestive” evidence of carcinogenicity classification. Nevertheless the EPA issued a draft report on glyphosate in December 2017 continuing to hold that the chemical is not likely to be carcinogenic.

EFSA, ECA, WHO/FAO JMPR: The European Food Safety Authority and the European Chemicals Agency have said glyphosate is not likely to be carcinogenic to humans. But a March 2017 report by environmental and consumer groups argued that regulators relied improperly on research that was directed and manipulated by the chemical industry.

The WHO/FAO Joint Meeting on Pesticide Residues determined that glyphosate was unlikely to pose a carcinogenic risk to humans from exposure through the diet, though the finding was tarnished by conflict of interest concerns after it was revealed that certain members of the group, including its chair, worked for the International Life Sciences Institute, a group funded in part by Monsanto and one of its lobbying organizations.

California OEHHA: On March 28, 2017, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment confirmed that it would add glyphosate to California’s Proposition 65 list of chemicals known to cause cancer. Monsanto sued to block the action but the case was dismissed. In a separate case, the court found that California could not require cancer warnings for products containing glyphosate. On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider the decision. The court found that California could only require commercial speech that disclosed “purely factual and uncontroversial information,” and the science surrounding glyphosate carcinogenicity was not proven.

Agricultural Health Study: A long-running U.S. government-backed prospective cohort study of farm families in Iowa and North Carolina has not found any connections between glyphosate use and non-Hodgkin lymphoma, but the researchers reported that “among applicators in the highest exposure quartile, there was an increased risk of acute myeloid leukemia (AML) compared with never users…” The most recent published update to the study was made public in late 2017.

New studies in 2019 report cancer links and concerns about the validity of the EPA classification:  

Cancer Lawsuits

More than 11,000 people have filed suit against Monsanto Company (now Bayer) alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma, and that Monsanto covered up the risks. As part of the discovery process, Monsanto has had to turn over millions of pages of its internal records. We are posting these Monsanto Papers as they become available here. For news and tips about the ongoing legislation, see Carey Gillam’s Roundup Trial Tracker. The first two trials ended with juries ruling that Monsanto’s weed killer was a substantial contributing factor in causing the plaintiffs to develop non-Hodgkin lymphoma, and giving large awards for liability and damages.  

Monsanto influence in research: In March 2017, the federal court judge unsealed some internal Monsanto documents that raised new questions about Monsanto’s influence on the EPA process and about the research regulators rely on. The documents suggest that Monsanto’s long-standing claims about the safety of glyphosate and Roundup do not necessarily rely on sound science as the company asserts, but on efforts to manipulate the science.

A study for the European Parliament published January 2019 asserts that the EU approval of glyphosate was based on plagiarized text from Monsanto. The study found plagiarism in 50.1 percent of chapters dealing with the assessment of published studies on health risks related to glyphosate in Germany’s Federal Institute for Risk Assessment, including whole paragraphs and entire pages of plagiarized text.

More information about scientific interference:

Endocrine Disruption and Other Health Concerns

Some research suggests that glyphosate may be an endocrine disruptor. It has also been linked to liver disease, birth defects and reproductive problems in laboratory animals; and may kill beneficial gut bacteria and damage the DNA in human embryonic, placental and umbilical cord cells. A 2019 study in a Nature journal reported increases in obesity, reproductive and kidney diseases, and other problems in the second- and third-generation offspring of rats exposed to glyphosate. See the study and Washington State University press release.

Recent studies have shown adverse biological effects from low-dose exposures to glyphosate at levels to which people are routinely exposed.

  • A birth cohort study in Indiana published in 2017 – the first study of glyphosate exposure in US pregnant women using urine specimens as a direct measure of exposure – found detectable levels of glyphosate in more than 90% of the pregnant women tested and found the levels were significantly correlated with shortened pregnancy lengths.
  • A 2018 ecological and population study conducted in Argentina found high concentrations of glyphosate in the soil and dust in agricultural areas that also reported higher rates of spontaneous abortion and congenital abnormalities in children, suggesting a link between environmental exposure to glyphosate and reproductive problems. No other relevant sources of pollution were identified.
  • A 2017 study associated chronic, very low-level glyphosate exposures to non-alcoholic fatty liver disease in rats. According to the researchers, the results “imply that chronic consumption of extremely low levels of a GBH formulation (Roundup), at admissible glyphosate-equivalent concentrations, are associated with marked alterations of the liver proteome and metabolome,” the biomarkers for NAFLD.
  • A 2018 rat study conducted by the Ramazzini Institute reported that low-dose exposures to Roundup at levels considered safe significantly altered the gut microbiota in some of the rat pups. Another 2018 study reported that higher levels of glyphosate administered to mice disrupted the gut microbiota and caused anxiety and depression-like behaviors.
  • A 2018 rat study by Argentinian researchers linked low-level perinatal glyphosate exposures to impaired female reproductive performance and congenital anomalies in the next generation of offspring.

Glyphosate has also been linked by recent studies to harmful impacts on bees and monarch butterflies.

Desiccation

Some farmers use glyphosate on non-GMO crops such as wheat, barley, oats, and lentils to dry down the crop ahead of harvest in order to accelerate the harvest. This practice, known as desiccation, may be a significant source of dietary exposure to glyphosate.

Glyphosate in Food: U.S. Drags Its Feet on Testing

The USDA quietly dropped a plan to start testing food for residues of glyphosate in 2017. Internal agency documents obtained by U.S. Right to Know show the agency had planned to start testing over 300 samples of corn syrup for glyphosate in April 2017. But the agency killed the project before it started. The U.S. Food and Drug Administration began a limited testing program in 2016, but the effort was fraught with controversy and internal difficulties and the program was suspended in September 2016. Both agencies have programs that annually test foods for pesticide residues but both have routinely skipped testing for glyphosate.

Before the suspension, one FDA chemist found alarming levels of glyphosate in many samples of U.S. honey, levels that were technically illegal because there have been no allowable levels established for honey by the EPA. Here is a recap of news about glyphosate found in food:

Pesticides in Our Food: Where’s the Safety Data?

USDA data from 2016 shows detectable pesticide levels in 85% of more than 10,000 foods sampled, everything from mushrooms to grapes to green beans. The government says there are little to no health risks, but some scientists say there is little to no data to back up that claim. See “Chemicals on our food: When “safe” may not really be safe: Scientific scrutiny of pesticide residue in food grows; regulatory protections questioned,” by Carey Gillam (11/2018).

Statements From Scientists and Health Care Providers