Currently browsing posts about: Monsanto

I saw this headline in the Washington Post: Bayer lobbies Congress to help fight lawsuits tying Roundup to cancer.

The biotech giant Bayer has lobbied Congress over the past year to advance legislation that could shield the company from billions of dollars in lawsuits, part of a national campaign to defeat claims that its weed killer Roundup causes cancer in people who use it frequently…By erecting new legal barriers to bringing those cases, Bayer seeks to prevent sizable payouts to plaintiffs while sparing itself from a financial crisis.

Apparently, the House version of the Farm Bill contains a provision—drafted by Bayer—to protect the company against further lawsuits claimng that the Monsanto herbicide glyphosate (Roundup) causes non-Hodgkins lymphoma and other cancers.

Bayer helped craft that measure, then circulated it among lawmakers to rally support before later pushing the House to add it to the farm bill, the people familiar with the effort said.

Bayer also

has sought to reshape federal, state and local laws, hoping to erect a blockade against future lawsuits. Over the past year, the company has helped advance bills in Idaho, Iowa and Missouri, according to state lobbying records, each of which could effectively immunize the company against allegations that its chemicals can cause cancer. Top company executives have promised to push these policies more aggressively — and in a wider array of states — in the coming legislative year.

Comment

In 2018, Bayer bought Monsanto for $63 billion.  What was it thinking?  Lawsuits based on the health effects of glyphsate were already well underway, with the courts sometimes awarding plaintiffs millions of dollars in damages.

Thousands of such lawsuits are in play.  Bayer admits to 170,000 in total.  Bayer settled a lot of them for billions, but at least a third of these claims are still unresolved.

Bayer says glyphosate is not carcinogenic and the Environmental Protection Agency agrees.  But the WHO’s International Agency for Research on Cancer, identifies glyphosate as “probably carcinogenic.”

Juries, appalled by evidence that Monsanto had hidden evidence of harm, sometimes rule in favor of plaintiffs.

Bayer’s stock prices have taken a hit.

It’s not clear whether the company will survive.

Bayer’s greed about monopolizing seed stocks brought on this problem.

The Farm Bill is not the place to solve it.

Bayer does not deserve this level of protection.

Food corporations should not be writing the Farm Bill.

Resource

Civil Eats did an investigation of Bayer’s legal strategies.  See this report here.

Bartow J. Elmore.  Seed Money: Monsanto’s Past and Our Food Future.  Norton, 2021.

I was interested to read this book for three reasons.

• I was familiar with Elmore’s his excellent previous book, Citizen Coke, which I blogged about in 2014.
• I ran into Bart Elmore in, of all places, the restaurant of an otherwise empty hotel in Brasilia while I was on book tour for the Portuguese edition of Unsavory Truth, and he was doing the research for this book.
• I was particularly interested in what he had to say about the Monsanto events I described at length in the second half of Safe Food: The Politics of Food Safety.  Not much, as it turns out.

This is a history of the company from its beginnings in the early 1900s as a producer of saccharine; to its production of 2, 4-D, PCBs, and other toxic chemicals; to its development and dependence on glyphosate; to its purchase by Bayer just as courts were deciding in favor of plaintiffs arguing that glyphosate was responsible for their cases of non-Hodgkin lymphoma.

From my reading, Elmore bends over backwards trying to be fair to the company but nevertheless paints a picture of a company that put profits over all other consideration, regardless of what its products were doing to human health.  It’s not a pretty story.

Elmore is an historian who seems to be trying to remain dispassionate.   He is disappointed that Monsanto lied when it claimed its products were safe and genetically modified foods would feed the world.   His book, he says,

reveal[s] that GE [genetically engineered] technology was erroneously deployed over the past two decades and was more about selling chemicals than investing in real solutions to our food problems, which has resulted in wasted opportunities and wasted resources [p. 277].

I think what he documents about this company’s history of profit-driven lack of ethics is chilling.  It deserves more than disappointment.  It calls for outrage.

In my view, one of the strongest reasons for public distrust of GMOs is the behavior of the GMO industry, with the secretive, aggressive, corporate behavior of Monsanto as the most glaring example.

I saw this myself.

In the late 1990s, I was at a meeting of food industry executives, among them the CEOs or high ranking officials of several agricultural biotechnology companies, including Monsanto.

The others were openly furious with Monsanto’s CEO for ruining public trust in their products: “You have ruined this for us.”

But Monsanto’s reputation did not stop Bayer from buying the company in 2018 (for $63 billion, no less), something it—and its stockholders—must surely regret (some are suing the company).

As Carey Gillam of US Right to Know has just reported, “Appeals court rejects Bayer’s bid to overturn Roundup trial loss and slams company for “reckless disregard” for consumer safety.”

In a decision handed down on Monday, the 1st Appellate District in the Court of Appeal for California rejected Monsanto’s bid to overturn the trial loss in a case brought by husband-and-wife plaintiffs, Alva and Alberta Pilliod.

This is the third trial in which juries awarded millions of dollars to plaintiffs who claimed that they developed non-Hodgkin lymphoma as a result of exposure to Monsanto’s Roundup herbicide.

To head off subsequent trials, Bayer said it would pay about $11 billion (yes, billion) to settle about 100,000 pending cases, and would pay $4.5 billion more to offset further liability for Roundup claims.  Bayer also announced it would stop selling Roundup and other glyphosate herbicides for home use in the US by 2023 (but it will still sell Roundup to farmers.  And it is taking its case to the Supreme Court to get a reversal of a cancer-claim case.

What I find remarkable about the Pilliod decision is the judge’s scathing comments on Monsanto’s corporate behavior.  As quoted by Gillam:

• “Monsanto’s conduct evidenced reckless disregard of the health and safety of the multitude of unsuspecting consumers it kept in the dark. This was not an isolated incident; Monsanto’s conduct involved repeated actions over a period of many years motivated by the desire for sales and profit.”
• Monsanto acted with a “willful and conscious disregard for the safety of others.” Monsanto “failed to conduct adequate studies on glyphosate and Roundup, thus impeding discouraging, or distorting scientific inquiry concerning glyphosate and Roundup.”
• “But rather than fairly stating all the relevant evidence, Monsanto has made a lopsided presentation that relies primarily on the evidence in its favor. This type of presentation may work for a jury, but it will not work for the Court of Appeal.”
•  “Summed up, the evidence shows Monsanto’s intransigent unwillingness to inform the public about the carcinogenic dangers of a product it made abundantly available at hardware stores and garden shops across the country.”

Or try this footnote:

The effects of all this on Bayer’s stock prices?

Other People vs. Monsanto/Bayer cases are in the works.  Stay tuned.

Week killers do their job but also cause problems: illness among people exposed to them (especially farm workers), induction of resistance, and killing weeds in places they are not supposed to be.

Illnesses: The most well known is the non-Hodgkins lymphoma associated with use of glyphosate (Roundup).

Weed resistance: This chart from the University of Minnesota shows the number of species resistant to various kinds of herbicides from 1955 to 2020.  GMO crops resistant to glyphosate were first approved in 1994.

Herbicide drift:  This has been a  particular problem with the weed killer dicamba used with GMO corn and soybeans.  It has a particular problem: it drifts, and does so inconveniently over organically produced crops that are not weed resistant, thereby killing them and making organic farmers extremely unhappy but without recourse, apparently.

Now an investigative report from In These Times demonstrates how Monsanto and BASF, the makers of dicamba, knew perfectly well that it drifted and would cause extensive damage, but sold it anyway.

Exec­u­tives from Mon­san­to and BASF, a Ger­man chem­i­cal com­pa­ny that worked with Mon­san­to to launch the sys­tem, knew their dicam­ba weed killers would cause large-scale dam­age to fields across the Unit­ed States but decid­ed to push them on unsus­pect­ing farm­ers any­way, in a bid to cor­ner the soy­bean and cot­ton markets.

The investigation found:

• [Mon­san­to’s] own research showed dicam­ba mixed with oth­er her­bi­cides was more like­ly to cause dam­age. The com­pa­ny also pre­vent­ed inde­pen­dent sci­en­tists from con­duct­ing their own tests and declined to pay for stud­ies that would poten­tial­ly give them more infor­ma­tion about dicamba’s real-world impact.

• Although adver­tised as help­ing out cus­tomers, the com­pa­nies’ inves­ti­ga­tions of drift inci­dents were designed to lim­it their lia­bil­i­ty, find oth­er rea­sons for the dam­age and nev­er end with pay­outs to farm­ers. For exam­ple, BASF told pes­ti­cide appli­ca­tors that some­times it is not safe to spray even if fol­low­ing the label to the let­ter, plac­ing lia­bil­i­ty square­ly on the applicators.

As for recourse:

A fed­er­al court banned the her­bi­cide ear­li­er this year, but the EPA rein­stat­ed dicam­ba for five more years in October.

Ear­li­er this year, a fed­er­al jury sided with a Mis­souri peach farmer who sued the com­pa­nies for dri­ving his orchard out of busi­ness. The jury award­ed Bill Bad­er $15 mil­lion for his loss­es and $250 mil­lion in puni­tive dam­ages designed to pun­ish Bay­er. Bay­er and BASF are appeal­ing the ver­dict. The puni­tive dam­ages were lat­er reduced to $60 mil­lion.

This report is well worth reading for its detailed review of documents.  These demonstrate that Monsanto and BASF could not have cared less about the damage their herbicide might cause.  Monsanto has been purchased by Bayer, which defends its purchase to the hilt.

Bayer’s stock prices declined dramatically after the Monsanto purchase.  It’s hard to feel sorry for either company.

The Guardian’s account of the verdict: Monsanto ordered to pay $289m as jury rules weedkiller caused man’s cancer

Dewayne Johnson, a 46-year-old former groundskeeper, won a huge victory in the landmark case on Friday, with the jury determining that Monsanto’s Roundup weedkiller caused his cancer and that the corporation failed to warn him of the health hazards from exposure. The jury further found that Monsanto “acted with malice or oppression”…Johnson’s case was particularly significant because a judge allowed his team to present scientific arguments. The dispute centered on glyphosate, which is the world’s most widely used herbicide…During the lengthy trial, the plaintiff’s attorneys brought forward internal emails from Monsanto executives that they said demonstrated how the corporation repeatedly ignored experts’ warnings, sought favorable scientific analyses and helped to “ghostwrite” research that encouraged continued usage.

Here’s what this is about:

(1)  The carcinogenicity of Roundup (glyphosate)

In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) ruled that glyphosate, the weed killer used with genetically modified crops, is “probably carcinogenic to humans.”  Glyphosate’s maker, Monsanto (now merged with Bayer) did not like this decision and went to work casting doubt on the science.  As IARC explains and documents:

Following the classification of glyphosate in March 2015 as probably carcinogenic to humans (Group 2A) by the IARC Monographs Programme, IARC has been the target of an unprecedented number of orchestrated actions by stakeholders seeking to undermine its credibility. In the interest of transparency, IARC has documented some of these instances, and our responses can be found on the Agency′s Governance website.

(2) What’s at stake for Monsanto

Glyphosate is used in incomprehensibly huge amounts.  The organic advocate, Charles Benbrook, published statistics on its use in 2016.  Monsanto’s published a rebuttal to Benbrook’s paper, but did not dispute his figures; instead, it argued only glyphosate is safe.  Benbrook’s data show that 250 million pounds of glyphosate were applied to US crops in 2014 (by another source, worldwide use was 825,804,000 kilograms, or more than 1.8 billion pounds that year).

(3) What’s at stake for the plaintiff, Dewayne Johnson

As the San Francisco Chronicle’s account explains:

Johnson was a groundskeeper and pest-control manager for Benicia schools from 2012 until May 2016. His job included spraying glyphosate, in the high-concentration brand called Ranger Pro, from 50-gallon drums 20 to 30 times a year for two to three hours a day.

He testified he wore protective clothing, including a sturdy jacket, goggles and a face mask, but said he couldn’t fully protect his face from wind-blown spray. And twice, he told the jury, he got drenched with the herbicide, once when a spray hose became detached from a truck that was hauling it, and another time when a backpack container he was carrying leaked.

After the first drenching in 2014, he said, he got rashes on his skin that did not respond to treatment. Welts and lesions soon appeared on his legs, arms, face and eyelids. His first cancer diagnoses came soon afterward.

(4)  The evidence for the jury’s decision

Through discovery during the trial, documents came to light exposing Monsanto’s efforts to discredit the science linking glyphosate to cancer.

U.S. Right to Know (USRTK) has performed an extraordinary public service by posting the key documents in the case on its website.  There, you can find links to an astonishing number of federal court and discovery documents, exhibits, news reports, and commentary.

Also worth reading: Stacy Malkin’s Secret Documents Expose Monsanto’s War on Cancer Scientists (July 12)

Monsanto was its own ghostwriter for some safety reviews,” Bloomberg reported, and an EPA official reportedly helped Monsanto “kill” another agency’s cancer study. An investigation in Le Monde details Monsanto’s effort “to destroy the United Nations’ cancer agency by any means possible” to save glyphosate.

(5) What this means: Comment from USRTK’s Carey Gillam

Monsanto and its chemical industry allies have spent decades actively working to confuse and deceive consumers, farmers, regulators and lawmakers about the risks associated with glyphosate-based herbicides. As they’ve suppressed the risks, they’ve trumpeted the rewards and pushed use of this weed killer to historically high levels. The evidence that has come to light from Monsanto’s own internal documents, combined with data and documents from regulatory agencies, could not be more clear: It is time for public officials across the globe to act to protect public health and not corporate profits.

(6) What happens next?

Monsanto will appeal, of course; its owner, Bayer, continues to insist that glyphosate is safe.  Press accounts say that hundreds, if not thousands, of more such cases are in the pipeline, a situation similar to that faced by the tobacco industry before that industry gave up and settled.  Will Bayer do so as well?  I’m guessing not without a fight.

Carey Gilliam.  Whitewash: The Story of a Weed Killer, Cancer, and the Corruption of Science.  Island Press, 2017.

I did a blurb for this book (only the last sentence is on the back cover):

Whitewash, says Carey Gilliam, is what Monsanto, Monsanto-paid scientists, and the Monsanto-influenced EPA are trying to do for the herbicide glyphosate (“Roundup”)—make it  appear benign in the face of evidence that glyphosate may be carcinogenic,  strongly promotes weed resistance, and causes genetically modified crops to require even greater use of toxic chemicals.

Gilliam’s deep dive into this industry’s manipulation of science gives us even more reasons to advocate for organic and sustainable agricultural systems.

Yesterday’s New York Times reports about how the agricultural biotechnology company Monsanto is trying to cast doubt on evidence that its herbicide Roundup (glyphosate) is carcinogenic or otherwise harmful to human health.

The Times based its analysis on documents unsealed by a federal court in a case in which people are claiming that glyphosate caused them to develop non-Hodgkin’s lymphoma, which the International Agency for Research on Cancer (IARC) determined a couple of years ago.

The documents indicate collusion between EPA officials and Monsanto over the IARC finding:

Court records show that Monsanto was tipped off to the determination by a deputy division director at the E.P.A., Jess Rowland, months beforehand. That led the company to prepare a public relations assault on the finding well in advance of its publication. Monsanto executives, in their internal email traffic, also said Mr. Rowland had promised to beat back an effort by the Department of Health and Human Services to conduct its own review.

The documents confirm previous disclosures of Monsanto’s attempts to manipulate academic research.

The disclosures are the latest to raise concerns about the integrity of academic research financed by agrochemical companies. Last year, a review by The New York Times showed how the industry can manipulate academic research or misstate findings. Declarations of interest included in a Monsanto-financed paper on glyphosate that appeared in the journal Critical Reviews in Toxicology said panel members were recruited by a consulting firm. Email traffic made public shows that Monsanto officials discussed and debated scientists who should be considered, and shaped the project.

The Times article does not link to the actual documents, but these are posted on the Website of US Right to Know.

They make interesting reading.  Here, for example, is a quote from the first document, Jess Rowland unsealed, (page 4, lines 19-24):

Monsanto has made it clear throughout this litigation that it intends to rely on EPA’s conclusions in the defense of this case, particularly in this first phase of general causation. Based on these documents alone, it is clear that Monsanto enjoyed considerable influence within the EPA’s OPP, and was close with Mr. Rowland, who promised to try to “kill” the glyphosate issue for them; coincidentally, a report authored chiefly by him was “accidentally leaked” just at the time of his planned retirement.

Posted on March 14, 2017 by Gary Ruskin

I love cartoons (witness Eat, Drink, Vote: An Illustrated Guide to Food Politics) and was appalled when I read this tweet:

Here’s the offending cartoon:

In a Facebook post the cartoonist, Rick Friday, explained:

I am no longer the Editorial Cartoonist for Farm News due to the attached cartoon which was published yesterday. Apparently a large company affiliated with one of the corporations mentioned in the cartoon was insulted and cancelled their advertisement with the paper, thus, resulting in the reprimand of my editor and cancellation of It’s Friday cartoons after 21 years of service and over 1090 published cartoons to over 24,000 households per week in 33 counties of Iowa.

I did my research and only submitted the facts in my cartoon.

That’s okay, hopefully my children and my grandchildren will see that this last cartoon published by Farm News out of Fort Dodge, Iowa, will shine light on how fragile our rights to free speech and free press really are in the country.

The Des Moines Register explains further:

The CEOs at the ag giants earned about $52.9 million last year, based on Morningstar data. Monsanto and DuPont, the parent of Johnston-based Pioneer, are large seed and chemical companies, and Deere is a large farm equipment manufacturer.

Profits for the three companies, all with large operations across Iowa, also have declined as farm income has been squeezed. After peaking in 2013, U.S. farm income this year is projected to fall to $183 billion, its lowest level since 2002.

US Uncut adds more details:

Friday received an email from his supervisor at Farm News, informing him that he would be fired, citing he was “instructed” by a superior to not accept another cartoon from Friday. The supervisor told Friday that “in the eyes of some, Big Ag cannot be criticized or poked fun at.”

It also published Friday’s cartoons based on his firing.  Here’s one:

Friday has done other cartoons like this.  It’s not surprising that he has corporate advertisers upset.

How to help? Consider a quick note to Farm News about how badly Americans need a free, independent press to discuss farm issues.

Here’s the publisher’s contact information:

Larry Bushman
lbushman@messengernews.net

(Thanks to Daniel Bowman Simon for keeping me up on such things.)

Addition, May 5: Friday’s view of all this.