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.”

 
Jon Entine tweetEntine is also tied in with the American Council on Science and Health. In 2011, while it was receiving funds from Syngenta, ACSH published Entine’s book that defends atrazine, a pesticide manufactured by Syngenta.

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.”

First Monsanto Roundup Cancer Trial Underway

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Related coverage:

  • Landmark Lawsuit Claims Monsanto Hid Cancer Danger of Weedkiller for Decades, by Carey Gillam in The Guardian
  • First Monsanto Roundup Cancer Trial Jury Selection, Carey Gillam’s blog

By Carey Gillam

Let the battle begin. Opening statements are slated for Monday in the landmark legal case that for the first time puts Monsanto and its Roundup herbicide on trial over allegations that the company’s widely used weed killer can cause cancer.

Dewayne “Lee” Johnson, a San Francisco-area school groundskeeper who used a form of Roundup regularly at his job, will face off against the global seed and chemical giant in a trial expected to extend into August. Johnson hopes to persuade a jury that Monsanto, which last month became a subsidiary of Bayer AG, is to blame for the non-Hodgkin lymphoma that doctors have said leaves him only weeks or months left to live.

Hints of the courtroom drama to come unfolded over the last week of June as jury selection dragged on for days, with Monsanto claiming widespread bias among prospective jurors. A number of the members of the jury pool, Monsanto’s attorney said, revealed in jury questionnaires that they view Monsanto as “evil.” Some even said they believe the company has “killed people,” a Monsanto attorney lawyer told San Francisco Superior Court Judge Suzanne Bolanos.

Monsanto’s attorneys cited similar issues in seeking to quell media coverage of the trial, telling the judge that she should not allow news cameras to televise the events because the publicity would “create a significant safety risk” for Monsanto’s employees and attorneys who have been targeted with “multiple threats and disturbing communications,” related to the litigation. Monsanto said employees have received threatening phone calls as well as ominous postcards sent to their homes. One postcard displayed a skull and crossbones along with a photo of the recipient, Monsanto said in a court filing.

Judge Bolanos ruled that some parts of the trial will be allowed to be broadcast, including opening statements, closing arguments and the announcement of a verdict. The trial is expected to be closely followed by people around the world; the French news outlet Agence France Presse is among the contingent of media who sought permission to cover the case.

Heated debates over the safety of Roundup and the active ingredient glyphosate have spanned the globe for years. Concerns mounted after internal Monsanto documents came to light through court-ordered discovery, showing conversations among Monsanto employees about “ghost” writing certain scientific papers to help influence regulatory and public opinion about Monsanto products.

Many of those internal corporate records are expected to be a key part of Johnson’s case. Johnson’s attorneys say they have evidence that Monsanto has long known that glyphosate-based herbicides such as Roundup are carcinogenic and have hidden that information from consumers and regulators. They allege Monsanto has manipulated the scientific record and regulatory assessments of glyphosate in order to protect corporate glyphosate-related revenues. Monsanto knew of the dangers and “made conscious decisions not to redesign, warn or inform the unsuspecting public,” the Johnson lawsuit claims.

If they can convince a jury of the allegations, the lawyers say they plan to ask for potentially “hundreds of millions of dollars.”

Johnson’s lawsuit against Monsanto makes him one of roughly 4,000 plaintiffs who sued the company after the International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen in March 2015. The IARC classification was based on a review of more than a decade of published, peer-reviewed scientific studies analyzing glyphosate and glyphosate-based herbicides. Johnson’s case is the first to go to trial. Another is scheduled for trial in October in St. Louis, Missouri.

Monsanto argues there is no justification for any of the claims, and asserts it has decades of regulatory findings of safety and hundreds of research studies to back its defense. “Glyphosate is the most tested herbicide in history,” Monsanto stated in its trial brief.

The company says it plans to introduce expert testimony demonstrating that the science is firmly on its side—”the entire body of epidemiology literature shows no causal association” between its glyphosate-based herbicides and non-Hodgkin lymphoma, the company states. As well, the animal testing database “is most consistent with glyphosate not being a human carcinogen,” according to Monsanto.

The company’s attorneys also plan to show that Johnson’s exposure was minimal, and notably, that development of his type of cancer—a disease called mycosis fungoides that causes lesions on the skin—takes many years to form and could not have developed in the short period between Johnson’s exposure and his diagnosis.

Monsanto’s attorneys argue in court filings that Johnson’s claims are so weak the judge should instruct the jury to provide a directed verdict in Monsanto’s favor.

But Johnson’s attorneys plan to tell jury members that Johnson began to experience a skin rash not long after being accidentally doused in a Monsanto glyphosate-based herbicide called Ranger Pro. He saw the rash—which turned to lesions and then invaded lymph nodes—worsen after he would use the chemical, which was frequently as he treated school grounds. Johnson’s attorneys plan to tell jurors that Johnson was so worried that the herbicide was to blame that he called Monsanto’s offices as well as a poison hotline number listed on the herbicide label. Monsanto employees recorded his outreach and his concerns, internal Monsanto documents show. But even after the IARC classification of glyphosate as a probable carcinogen, Monsanto did not inform him of any risk, according to evidence to be presented at the trial.

As part of their case, Johnson’s attorneys intend to present video depositions of 10 former or current Monsanto employees, and of former Environmental Protection Agency official Jess Rowland, whose relationship with Monsanto has sparked allegations of collusion and an inquiry from the EPA’s Office of Inspector General. They also will call to the stand Johnson himself, his wife, his doctors, and several scientists as expert witnesses.

The Monsanto witness list includes 11 expert witnesses who will testify both about the necessity of herbicides, including glyphosate-based herbicides; certain scientific literature; the plaintiff’s type of cancer and potential causes; and other evidence that Monsanto says discredits Johnson’s claims.

Johnson’s attorneys will start the opening statements on Monday, and have projected that initial explanation of their case to the jury will take roughly 1-1/2 hours. Monsanto’s attorneys have told the court they expect their opening statements to take roughly 1-1/4 hours.

This story originally appeared in EcoWatch.

My Friend Died from Cancer Today

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By Carey Gillam

My friend died from cancer today.

His was a short, eight-month-long battle for survival, but it was a brutal one. Now his wife and young children are not planning for Christmas; instead they are planning his funeral.

This man’s passing is a tragedy for his family and friends to be sure. But it also serves as a sad reminder of the tight grip cancer has taken on so many lives.

Approximately 39 percent of men and women living in the United States are expected to be diagnosed with cancer at some point during their lifetimes, according to the National Cancer Institute. For this year alone, the American Cancer Society has estimated there will be more than 1.68 million people newly diagnosed with cancer and more than 600,000 deaths from cancer. Cancer is the second-leading cause of death in the United States.

One of the sinister twists to this creeping killer is that while we know the myriad types of cancers are caused by mutations to the DNA within cells, pinpointing exactly what agent or actions triggered the deadly DNA changes that led to a specific cancer in a specific individual is not easy.

Researchers say there are an array of causes for cancer, including an unhealthy diet, obesity and alcohol intake. Researchers also point to what they call “environmental pollutants” ― substances such asbestos, arsenic, benzene, chromium and, notably, the pesticides that have become pervasive in our lives in recent decades and are used by farmers in food production.

Data from our Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) show that foods we eat on a regular basis contain residues of hundreds of different pesticides, tiny invisible traces of insecticides and weed killers in thousands of commonly consumed foods, including fruits and vegetables. We are also exposed to pesticides in our drinking water, and through applications made to our parks and playgrounds, lawns and gardens and schoolyards. Pesticides are also often sprayed from the air across fields and forestry.

Research suggests a possible connection between pesticides and cancers such as non-Hodgkin lymphoma, multiple myeloma, and prostate, liver, pancreatic, lung and non-melanoma skin cancers. The American Academy of Pediatrics is so concerned that it is on record voicing its concerns about pesticides and ties to childhood cancers, and has called for greater protections from exposures.

The Pesticide Action Network North America, a consumer and environmental advocacy group, says that evidence is growing ever stronger that pesticide exposure is a key contributor to what the organization calls a “cancer epidemic.”

Worldwide, there are more that 14 million cases of cancer occurring each year, and that number is expected to hit nearly 22 million by 2030. Cancer “affects almost everyone’s life, either directly or indirectly,” and beyond the toll on life and health it costs the United States more than $200 billion in medical costs and lost productivity, according to the U.S. Department of Health and Human Services (HHS).

In order to reduce deaths from cancer we have to put more emphasis on preventing it in the first place, and a big part of that “primary prevention” has to do with addressing environmental causes, according to a 2016 report by the HHS National Toxicology Program (NTP). “An important step in primary prevention,” the NTP states, “is to identify the carcinogens.”

It is not a good sign that some members of Congress are now working to discredit and defund the International Agency for Research on Cancer (IARC), an arm of the World Health Organization specifically charged with identifying and classifying potential carcinogens. The actions by Republicans within the U.S. House of Representatives Committee on Science, Space, and Technology come after IARC angered Monsanto Co. when it declared the pesticide glyphosate, a key ingredient in Monsanto’s weed killing products, a probable carcinogen.

It is also not encouraging that President Trump nominated a pesticide safety advocate to oversee the Environmental Protection Agency’s chemical safety division. The nominee, Michael Dourson, has spent many years helping companies fight restrictions on potentially toxic chemicals. It is heartening, however, that strong opposition and outrage over Dourson’s nomination forced him to withdraw from consideration for the post on Wednesday.

Certainly, we all know someone with cancer or someone who has had it. But we cannot afford to become complacent, to accept this as normal, to allow politics to take precedence over public health. We need to work harder to support the science that identifies carcinogens, to encourage and fund research into alternatives to a toxic landscape, and to hold our regulators and lawmakers accountable for enforcing protective measures that limit our exposures to environmental pollutants.

I lost a friend to cancer today. It was just before dawn when he slipped away. A wife lost her husband of 30 years, a son and a daughter lost a father, and countless neighbors and friends lost a kind and generous soul, a man who devoted endless hours to coaching, mentoring and encouraging a community’s children alongside his own.

The losses are too great.

This article first appeared in the Huffington Post.

What Killed Jack McCall? A Farmer Dies; A Case Against Monsanto Takes Root

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By Carey Gillam

CAMBRIA, Calif.- Standing on the ridge overlooking her central California farm, new widow Teri McCall sees her husband Jack nearly everywhere. There, atop the highest hill, is where the couple married in 1975- two self-described “hippies’ who knew more about how to surf than farm. And over there, surrounded by the lemon, avocado and orange trees Jjack mccall copyack planted, sits the 800-square-foot house the young Vietnam veteran built for his bride and a family that grew to include two sons and a daughter. Solar panels Jack set up in a sun-drenched stretch of grass power the farm’s irrigation system.

And down there, clasped in the cusp of the velvet green valley sits the century-old farmhouse Jack and Teri eventually made their permanent home. Jack installed a stained glass window featuring a heart and flowers over the front door.

“Literally hundreds of times a day, something reminds me of him,” McCall says, as she and a visitor strolled through the orchards on a recent sunny spring morning. “That’s part of why it’s so hard to believe… I can never see him again.”

Anthony ‘Jack’ McCall, 69, died Dec. 26 after a painful and perplexing battle with non-Hodgkin lymphoma. The loss is certain, fixed forever into his family’s heartbreak. But questions about why and how he was stricken – a man who never smoked, stayed fit and had no history of cancer in his family – are part of what some legal experts see as a potential landmark legal claim against one of the world’s largest agrichemical companies, Monsanto Co.

McCall shunned pesticide use on his farm, except for the herbicide called Roundup – marketed by Monsanto as having extremely low toxicity. He used Roundup regularly, spraying it himself around the farm to drive back worrisome weeds. He even recommended Roundup to friends, telling them it was supposed to be much safer than alternatives on the market, and touting its effectiveness.

But now in his death, McCall is one of several plaintiffs in more than a dozen lawsuits that claim the active ingredient in Roundup – a chemical called glyphosate – gave them cancer, and that Monsanto has long known glyphosate poses “significant risks to human health, including a risk of causing cancer.”

The lawsuits, brought by plaintiffs in California, Florida, MissouriDelaware, Hawaii,and elsewhere over the last several months, claim Monsanto has hidden evidence, and manipulated regulators and the public into believing in the safety of glyphosate, which annually brings in about $5 billion, or a third of total sales, for the agribusiness giant. Like McCall, many farmed, or worked in agricultural jobs in which they regularly were using or exposed to glyphosate.

The claims come at a critical time for Monsanto and its signature product as regulators in the United States and other countries evaluate whether or not to continue to allow glyphosate herbicides. Last year the World Health Organization’s cancer experts classified glyphosate as a probable human carcinogen. That team, the International Agency for Research on Cancer (IARC), said glyphosate shows a “positive association” for non-Hodgkin lymphoma. 

The outcomes of the legal battle and the regulatory reviews could have broad implications. Glyphosate is the most widely used herbicide on the planet, sprayed on fields for row crops like corn, soybeans and wheat, as well as a variety of fruits, nuts and vegetable crops such as almonds, apples, cherries and oranges.

That ubiquitous role played by glyphosate means the litigation, plaintiffs’ lawyers say, marks the beginning of a potential wave of legal actions against Monsanto. Teams of attorneys have been criss-crossing the country lining up potential plaintiffs who they say will likely number in the hundreds and possibly thousands. It’s a time-tested practice by plaintiffs’ attorneys who have brought similar mass actions in the past against tobacco, pharmaceutical and chemical industries.

“Monsanto has deliberately concealed or suppressed information about the dangers of its product,” said environmental and chemical pollution attorney Robert F. Kennedy Jr., who is assisting in litigating glyphosate cases. “This is big. It’s on every farm in the world.”

Kennedy predicts glyphosate liability litigation will become as widespread as has been decades of litigation over asbestos, which is seen in legal circles as the longest-running mass tort action in U.S. history. Asbestos was used for years as a safe and effective flame retardant in the construction industry but has been tied to lung diseases and cancers, and spawned hundreds of millions of dollars in legal claims.

The glyphosate litigation partly mirrors courtroom battles Monsanto has been fighting for years involving the polychlorinated biphenyls, or PCBs it once manufactured. Plaintiffs in those cases also claim PCBs caused them to fall ill while Monsanto hid the risks. Monsanto claims plaintiffs cannot definitively link illnesses to PCB exposure.

AMONG THE SAFEST OPTIONS
Patented by Monsanto and commercialized in 1974, glyphosate herbicide has long been considered among the safest pesticide options on the market. The weed-killer came off patent in 2000 and is now used in more than 700 products around the world, beloved by farmers, homeowners, and groundskeepers. The chemical is the world’s most widely used herbicide with an estimated 1.8 billion pounds applied in 2014, up 12-fold from 1994, according to recently published research.

But as use has grown, concerns about safety have also mounted. Residues have been documented by public and private researchers in waterways, air, food and in human bodily fluids. Several scientific studies tied the chemical to cancers and other health problems before the March 2015 classification by IARC.

Lawyers for plaintiffs in the glyphosate cases say that among the evidence that glyphosate’s toxicity has long been known is an EPA memo detailing how glyphosate was classified by agency scientists as a possible human carcinogen in 1985 before classified in 1991 as a having “evidence of non-carcinogenicity” for humans. The classification was changed despite the fact that some peer review members did not concur. The lawsuits also cite evidence of fraud at laboratories used by Monsanto to perform toxicology studies of glyphosate, and point to fraud convictions of executives at those labs.

St. Louis-based Monsanto, a global agrichemical and seed powerhouse, cites its own evidence to counter both the validity of the allegations in the lawsuits, as well as the IARC findings. Last year, the company hired a team of experts to review the safety of glyphosate, and said that team found no cancer links. 

“Comprehensive long-term toxicological studies repeated over the last 30 years have time and again demonstrated that glyphosate is unlikely to pose a cancer risk in humans,” Monsanto states on its website. ‘Regulatory authorities and independent experts around the world have reviewed numerous long-term/carcinogenicity and genotoxicity studies and agree that there is no evidence that glyphosate… causes cancer, even at very high doses.”

Monsanto attorneys have been seeking to dismiss and/or delay several cases thus far filed, asserting that federal law and approvals by the Environmental Protection Agency for labels on Roundup herbicide products protect Monsanto from the claims in the lawsuits. In recent arguments in U.S. District Court in Northern California, for example, lawyers for Monsanto argued that “EPA repeatedly has concluded that glyphosate is not a carcinogen.” But in April a federal judge in California ruled that Monsanto was not protected from liability by the EPA registration and approved labels.

In a Missouri case that Monsanto also was unable to get dismissed, discovery is starting, and plaintiffs’ lawyers are eagerly awaiting what they hope will be a treasure trove of evidence for their clients.

The legal claims come at the same time that European and U.S. regulators are conducting their own assessments of the safety of glyphosate and considering restrictions, processes that have become fraught with infighting and accusations of bias from both fans and foes of glyphosate. The European Food Safety Authority (EFSA) said in November that evidence shows glyphosate is unlikely to be carcinogenic. But the European Parliament has said the herbicide use should be reined in with a ban on non-professional use and around parks and playgrounds because of the health worries.

The EPA was due to release a fresh risk assessment on glyphosate nearly a year ago, but has stalled the process amid the uproar. And in an odd twist to the saga, on April 29, the agency posted an internal document to its website, showing that the EPA’s cancer assessment experts have determined that glyphosate is “Not Likely to be Carcinogenic to Humans.”

On May 2, EPA withdrew the memo from its website and said it was not supposed to have been released because the cancer assessment is ongoing. But Monsanto heralded the release of the document as proof of what it has been saying about glyphosate’s safety.

Wall Street is keeping a wary eye on the litigation. But generally market watchers care less about Monsanto’s risk from potential liability payouts and more about any potential long-term revenue hit if regulators were to restrict or ban glyphosate, said Piper Jaffray analyst Brett Wong, who tracks Monsanto’s business strategies and financial health. The courtroom battles could influence regulators, he said.

“There are obviously a lot of lawsuits,” Wong said. “They aren’t intrinsic to impacting their business but there is always some sentiment pressure on investors. If it were to impact the regulatory structure and glyphosate was banned… that could obviously have an impact.”

Legal experts with experience defending the chemical industry are watching the cases with interest, and many say given a lack of regulatory support for the cancer linkage, plaintiffs’ attorneys have an uphill climb to make such claims stick.

“The evidence to support the claims isn’t there, said one prominent lawyer, declining to be quoted by name. “It’s not mothers’ milk by any means. I wouldn’t mix it in my drink, but it’s one of the safest chemicals out there,” he said.

Attorney Brent Wisner, who is representing the McCall family, said he is confident in the strength of the evidence against Monsanto. “It’s going to be a fairly large litigation when it’s all said and done. We’re confident we’ll be able to show that Monsanto controlled research and suppressed science,” he said.

Back in Cambria, Jack McCall’s son Paul McCall is running the farm in his father’s place. His eyes tear quickly when asked about his father’s diagnosis in September 2015 and death only three months later, the day after Christmas. He doesn’t want to talk about the lawsuit, other than to say he has no use for glyphosate now, and wants to warn others away from it.

“This is a battle that has to be fought,” he said.

How big and how bloody the litigation becomes is still an open question. The shouting from both sides of the issues is getting louder with each passing day. But the deep questions about the safety of this herbicide deserve serious and scientific review as the answers hold implications for our food production, our environment and the health of our families well into the future.

This article originally appeared in Huffington Post

Carey Gillam is a veteran former Reuters journalist, current freelance writer/editor and research director for U.S. Right to Know, a food industry research group