Something to Chew On

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(Transcript from today’s proceedings)

Here is an interesting tidbit to chew on over the weekend. In light of Judge Vince Chhabria’s unusual handling of the first Roundup cancer lawsuit to come to trial in federal court, (see previous entries for bifurcation and other background) and the vitriol with which he has been addressing plaintiff Edwin Hardeman’s legal counsel, many observers have asked – what gives? The bifurcation, his decision to sanction plaintiff’s lead counsel, his threat to dismiss the case entirely, and his repeated comments about how “shaky” the plaintiffs’ evidence is, obviously appear to favor Monsanto’s defense, at least in the early stages of the trial.Could there be some connection between Chhabria and Monsanto?

Chhabria has a pretty stellar background. Born and raised in California, he obtained his law degree in 1998 from the University of California, Berkeley School of Law, graduating with honors. He served as law clerk for two federal judges and for Supreme Court Justice Stephen Breyer and worked as an associate for two law firms before joining the San Francisco City Attorney’s Office where he worked from 2005 to 2013. He was nominated by President Obama for the seat he holds now in the summer of 2013.

But interestingly, one of those law firms where Chhabria worked has raised eyebrows. Covington & Burling, LLP, is a well-known defender of a variety of corporate interests, including Monsanto Co. Covington was reportedly instrumental in helping Monsanto defend itself against dairy industry concerns over the company’s synthetic bovine growth hormone supplement, known as rBGH (for recombinant bovine growth hormone) or the brand name Posilac.

Chhabria worked at the firm between 2002-2004, a time period when Monsanto’s legal battle over Posilac was in high gear. The firm was reportedly involved in the issue in part by “sending letters to virtually all U.S. dairy processors, warning that they faced potential legal consequences if they labeled their consumer products as “rBGH-Free.”

Covington is perhaps best known for its work for the tobacco industry. A judge in Minnesota in 1997 ruled that the firm was willfully disregarding court orders to turn over certain documents pertaining to claims that the tobacco industry engaged in a 40-year conspiracy to mislead the public about the health impacts of smoking and hide damaging scientific research from public view.

Shortly before Obama selected Chhabria for his federal judgeship, an array of former Covington & Burling attorneys took spots in the administration, including Attorney General Eric Holder and deputy chief of staff Daniel Suleiman. It was reported that employees of the law firm contributed more than $340,000 to Obama’s campaign.

Chhabria’s tenure at Covington was short, to be sure. There is no apparent evidence Chhabria ever represented Monsanto’s interests directly. But he is also no stranger to the world of corporate power and influence. How those dots connect in this case is so far unclear.

Henry Miller Dropped by Forbes for Monsanto Ghostwriting Scandal

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Update: In August of 2018, Miller left his perch of two decades as a fellow at the Hoover Institution for unknown reasons. He is now a senior fellow with the Pacific Research Institute, a think tank funded by right-wing foundations related to the Koch Brothers that promotes climate science skepticism and seeks to end environmental regulations.

Henry I. Miller, MD, is a former FDA official and founding director of the FDA Office of Biotechnology; he has a long history of arguing against public health protections and taking positions outside of the scientific mainstream. Dr. Miller has claimed nicotine “is not particularly bad for you,” said low levels of radiation may be beneficial to health, and calls for the re-introduction of the insecticide DDT. He is perhaps the most prolific and best-known promoter of genetically engineered foods, writing for the Wall Street Journal, New York Times, Los Angeles Times, Forbes and other outlets.

In August 2017, Forbes deleted all columns authored or co-authored by Miller in the wake of revelations that Monsanto ghostwrote a column that Miller published under his own name in Forbes.

Monsanto ghostwriting / dropped by Forbes

On August 1, 2017, the New York Times reported:

“Documents show that Henry I. Miller asked Monsanto to draft an article for him that largely mirrored one that appeared under his name on Forbes’s website in 2015. Forbes removed the story from its website on Wednesday and said that it ended its relationship with Mr. Miller amid the revelations.”

The emails between Miller and Monsanto’s Eric Sachs show how corporations and writers sometimes work together to promote corporate talking points in ways that are not disclosed to editors or the public.

In the emails, Sachs asked Miller to write about the International Agency for Research on Cancer (IARC) on the cancer hazard of glyphosate. Miller replied, “I would be if I could start from a high-quality draft.” Sachs provided what he called a “still quite rough” draft, which he described to Miller as “a good start for your magic.” The draft appeared a few days later, largely unchanged, in this Forbes column that appeared under Miller’s name.

According to Retraction Watch, Forbes removed Miller’s work because it violated Fobes.com rules that contributors declare any potential conflicts of interest and publish only their original writing. “When it came to our attention that Mr. Miller violated these terms, we removed all of his posts from Forbes.com and ended our relationship with him,” said Mia Carbonell, senior VP of global communications at Forbes.

Forbes also removed articles co-bylined by Miller and other chemical industry allies, including Julie Kelly, Kavin Senapathy and Bruce Chassy.

Project Syndicate added this editor’s note to the top of articles written by Miller (and later deleted the columns entirely):

Legitimate objections have been raised about the independence and integrity of the commentaries that Henry Miller has written for Project Syndicate and other outlets; in particular that Monsanto, rather than Miller, drafted some of them. Readers should be aware of this potential conflict of interest, which, had it been known at the time Miller’s commentaries were accepted, would have constituted grounds for rejecting them.

Named as deliverable in Monsanto PR document

A Monsanto PR document describes the company’s plans to “protect the reparation and FTO of Roundup” by discrediting a cancer agency’s report about the cancer hazard of glyphosate. Page 2 of the plan describes the first external deliverable: “Engage Henry Miller.” Documents reported by the New York Times show that a Monsanto executive asked Miller to write about the cancer report and provided him with a draft that Miller posted largely unchanged under his own name in Forbes.

Read more about the Monsanto PR plan to discredit IARC here.

Funding and pitching his PR services

The Hoover Institution, where Miller resides as a fellow, has received funding from corporations and industry groups, including Exxon Mobil and the American Chemistry Council, as well as right-wing foundations — Sarah Scaife Foundation, Searle Freedom Trust, Lynde and Harry Bradley Foundation, Charles Koch Foundation, Donors Trust – and other leading funders of climate science denial that also push deregulation across the economy.

Miller pitched his corporate PR services in a 1998 “Work Plan Promoting Sound Science in Health, Environmental and Biotechnology Policy.” The document, posted in the UCSF Tobacco Industry Documents Library, describes Miller’s fees for writing articles, $5,000-$15,000, and proposed an expanded “science and risk communication” program to include arranging speeches, improving web presence and publishing a book. (Source: «Monsanto Papers»: la bataille de l’information, by Stéphane Foucart and Stéphane Horel in Le Monde, June 2, 2017.)

Friend and trustee of corporate front group ACSH

Miller is a “friend and longtime trustee” of the American Council on Science and Health, and he has also been described as a “director” of that group. ACSH is a corporate front group that pitches its services to corporations for product defense, according to a 2012 leaked financial plan.

Defending the tobacco industry

In a 1994 APCO Associates PR strategy memo to help Phillip Morris organize a global campaign to fight tobacco regulations, Henry Miller was referred to as “a key supporter” of these pro-tobacco industry efforts.

In 2012, Miller wrote that “nicotine … is not particularly bad for you in the amounts delivered by cigarettes or smokeless products.”

Denying climate change

Miller is a member of the “scientific advisory board” of the George C. Marshall Institute, which is famous for its oil and gas industry funded denials of climate change.

Claiming nuclear radiation exposure may be “good for you”

In 2011, after the Japanese tsunami and radiation leaks at the Fukushima nuclear power plants, Miller argued in Forbes that “those … who were exposed to low levels of radiation could have actually benefitted from it.” He asked in Project Syndicate, “Can radiation be good for you?

Defending the pesticide industry 

Miller defended the use of widely-criticized neonicotinoid pesticides and claimed in the Wall Street Journal that “the reality is that honeybee populations are not declining.”

Miller has repeatedly argued for the re-introduction of DDT, a toxic pesticide banned in the United States since 1972, which has been linked to pre-term birth and fertility impairment in women.

Attacking the organic industry

Miller’s has written numerous attacks on the organic industry, including “The Colossal Hoax of Organic Agriculture” (Forbes), “Organic Farming is Not Sustainable” (Wall Street Journal) and “The Dirty Truth About Organic Produce” (Newsweek). Newsweek has refused to disclose Miller’s conflicts of interest; a 2018 Newsweek article by Miller attacking the organic industry was surrounded by Bayer ads.

Miller’s rhetoric about the organic industry, like many of his scientific claims, is far outside of mainstream science and common sense. In May 2017, Miller claimed, “Organic agriculture is to the environment what cigarette smoking is to human health.”

Defending the plastics industry

Miller defended the endocrine disruptor bisphenol A (BPA), which is banned in Europe and Canada for use in baby bottles.

Miller’s prolific pro-industry writings include

Jayson Lusk and Henry I. Miller, “We Need G.M.O. Wheat.” New York Times, February 2, 2014. Henry I. Miller and Gregory Conko, “General Mills Has a Soggy Idea for Cheerios.” Wall Street Journal, January 20, 2014. Henry I. Miller, “India’s GM Food Hypocrisy.” Wall Street Journal, November 28, 2012. Henry I. Miller, “Organic Farming Is Not Sustainable.” Wall Street Journal, May 15, 2014. Henry I. Miller, “More Crop for the Drop.” Project Syndicate, August 7, 2014. Henry Miller, “California’s Anti-GMO Hysteria.” National Review, March 31, 2014. Henry I. Miller, “Genetic Engineering and the Fight Against Ebola.” Wall Street Journal, August 25, 2014. Henry I. Miller, “Salmon Label Bill Should Be Thrown Back.” Orange County Register, April 4, 2011. Henry I. Miller, “GE Labels Mean Higher Costs.” San Francisco Chronicle, September 7, 2012. Gregory Conko and Henry Miller, “Labeling Of Genetically Engineered Foods Is a Losing Proposition.” Forbes, September 12, 2012. Gregory Conko and Henry I. Miller, “A Losing Proposition on Food Labeling.” Orange County Register, October 11, 2012. Henry I. Miller and Bruce Chassy, “Scientists Smell A Rat In Fraudulent Genetic Engineering Study.” Forbes, September 25, 2012. Jay Byrne and Henry I. Miller, “The Roots of the Anti-Genetic Engineering Movement? Follow the Money!Forbes, October 22, 2012.

Miller articles removed from Forbes include: Henry I. Miller and Julie Kelly, “How Organic Agriculture Evolved from Marketing Tool to Evil Empire,” Forbes, Dec. 2, 2015; Henry I. Miller and Julie Kelly, “Federal Subsidies to Organic Agriculture Should be Plowed Under,” Forbes, July 12, 2017;  Henry I. Miller and Julie Kelly, “Government Favors and Subsidies to Organic Agriculture: Follow the Money,” Forbes, Sept. 23, 2015.

Articles About Miller 

“Some GMO Cheerleaders Also Deny Climate Change” — Mother Jones

“Pro-Science GMO and Chemical Boosters Funded by Climate Deniers” – The Ecologist

“DDT and Malaria: Setting the Record Straight” – Pesticide Action Network

“TV Ad Against Food Labeling Initiative is Pulled” – Los Angeles Times

“Stanford Ad Demands Anti-Prop 37 Ad Be Changed” – Palo Alto News

Chemical Industry Allies

USRTK has compiled a series of fact sheets about writers and PR groups the agrichemical industry relies on to manufacture doubt about science that raises concern about risky products and argue against environmental health protections.
– Why You Can’t Trust Henry I. Miller
Why Forbes Deleted Some Kavin Senapathy Articles
Julie Kelly Cooks up Propaganda for the Chemical Industry
– The American Council on Science and Health is a Corporate Front Group
– Jon Entine of Genetic Literacy Project: The Chemical Industry’s Master Messenger
– Trevor Butterworth / Sense About Science Spins Science for Industry
Does Science Media Centre Push Corporate Views of Science?

Follow the USRTK investigation of Big Food and its front groups: https://usrtk.org/our-investigations/