glyphosate

November 3, 2023

Battle brewing over proposed US law that would protect pesticides

By Carey Gillam

Cancer patients are celebrating a string of courtroom victories after juries in three US states recently ordered Germany’s Bayer to pay more than $500 million in damages for failing to warn about the health risks of its Roundup herbicides. But the consumer wins come as proposed federal legislation backed by Bayer and the powerful agricultural industry could limit similar cases from ever going to trial in the future.

Dubbed the Agricultural Labeling Uniformity Act, the proposed measure would provide sweeping protections for pesticide companies and their products, preempting local governments from implementing restrictions on pesticide use and blocking many of the legal claims that have been plaguing Bayer, according to the American Association for Justice (AAJ) and other critics.

The measure, which was introduced over the summer, has been gaining traction as a potential amendment to the pending Farm Bill. More than 360 agricultural organizations are throwing their support behind the measure, which was introduced by US Reps Dusty Johnson and Jim Costa. Lobbying disclosure records show that Bayer and the industry-funded CropLife America have made passage a top priority.

The new law is needed because pesticides are “paramount to growing our food and keeping communities safe,” according to CropLife.

In response, on Oct. 27, more than 150 US lawmakers signed a letter to the leadership of the House Committee on Agriculture expressing “strong opposition” to the preemption measures, saying they would overturn “decades of precedent” and have a “significant impact” on public safety.

Local laws that could be in jeopardy include many that restrict pesticide use near schools, parks, and playgrounds, and protect drinking water supplies and wildlife. Preemption of state and local authority would additionally “limit accountability for manufacturers who fail to adequately warn consumers about the hazards posed by certain high-risk pesticides,” the letter warns.

Sen. Cory Booker dubbed the legislation “reckless” and “irresponsible” in a press call on Thursday. “People are making this a priority in the upcoming Farm Bill, and frankly to me it is outrageous,” Booker said.

October 25, 2023

Glyphosate cancer findings of “extreme concern” as Europe weighs reauthorization of pesticide

By Carey Gillam

European researchers have found new evidence linking popular weed killing products to cancer at levels currently considered safe.

The study focused on glyphosate, the active ingredient in Roundup herbicide and other brands, and is the latest of a series of studies examining the safety of the world’s most widely used weed-killing chemical.

Notably, the work comes as the European Union is wrestling over whether or not to keep glyphosate products on the market after the current approval expires in December.

The research has not yet been peer reviewed, but was presented Wednesday at an international scientific conference.

“We felt an urgency to present this data, and provide it to policy makers and the public,” said Daniele Mandrioli, director of the Ramazzini Institute in Bologna, Italy, which is overseeing a multi-faceted research program investigating glyphosate impacts called the Global Glyphosate Study.

“This is of extreme concern. We couldn’t sit on this data,” Mandrioli said.

Glyphosate is so widely used that it is ubiquitous in the environment- commonly found in food, water and human urine samples.

October 11, 2023

Young brains appear at risk from exposure to popular weed killers

By Carey Gillam

Exposure to two widely used weed killers could be harming the brain function of young people, impacting their memory and learning abilities, according to a study published Wednesday.

The study looked specifically at glyphosate, the active ingredient in Roundup herbicide and scores of other brands, and also at 2,4-D – a long-used, weed killing chemical that has seen a surge in use in recent years and has increasingly been combined with glyphosate to kill tenacious weeds.

Concerns about impaired brain function were associated with both chemicals, particularly with 2,4-dichlorophenoxyacetic acid (2,4-D), according to the study, which was led by researchers at the Herbert Wertheim School of Public Health and Human Longevity Science at University of California San Diego and published in the journal Environmental Health Perspectives.

“This herbicide (2,4-D) has gone mostly under the radar and more studies aimed at understanding the health effect of herbicide exposures are needed,” said Jose Ricardo Suarez, director of the Climate and Environmental Health Research Program at the University of California San Diego.

“This builds on the growing knowledge that not just insecticides – pesticides that are designed to be neurotoxins – can affect brain processes,” Suarez said. The study showed that as herbicide exposures increased, neurobehavioral performance decreased, he said.

The researchers analyzed urine samples taken from 519 young people ages 11-17 who lived in farming communities in Ecuador where herbicides and other pesticides were sprayed. They then assessed the neurobehavioral performance of the youth, testing them on their attention/inhibitory control, memory/learning, language, visuospatial processing, and social perception.

Glyphosate was detected in the urine of 98.3% of the study participants and 2,4-D in 66.2%. Glyphosate was associated with problems with social perception, while 2,4-D was associated with attention/inhibition, language and memory/learning skills.

August 20, 2023

Conflict of interest alleged in Roundup case in Monsanto’s home town

By Carey Gillam

Lawyers representing a man who blames his cancer on exposure to Monsanto’s Roundup weed killer are crying foul over what they say are close personal ties between a lead Monsanto lawyer and a special magistrate helping oversee the Roundup litigation.

In an Aug. 17 court filing, the plaintiffs’ attorneys asked for St. Louis County special master Robert Blitz to be disqualified from his role in the litigation because of an “appearance of impropriety” and questions about his impartiality.

A hearing on the matter is set for Tuesday.

There are dozens of plaintiffs named in the case, and all allege that exposure to Monsanto’s glyphosate-based Roundup herbicide caused them to develop non-Hodgkin lymphoma (NHL).

One of the plaintiffs, Mark McCostlin, of Lenexa, Kansas, is set to go to trial against Monsanto in St. Louis County Circuit Court in early September.

The motion alleges that Monsanto lead attorney James Bennett “has a close relationship” with special master Blitz. The two men worked together as co-counsel in a separate case, and Bennett also has personally acted as legal counsel for Blitz and for his law firm, according to the motion.

Additionally, the two men are “effectively economic partners” in a contingency fee case that brought their two law firms $276.5 million in fees, which they split, according to the motion.

“Their relationship creates a conflict of interest such that Blitz is not qualified to serve as special master in any case in which Bennett is trial counsel,” the motion states.

June 7, 2023

Advocacy groups sue EPA after agency re-approved two highly toxic weed killers

By Shannon Kelleher

Environmental and workers’ rights groups this week filed a lawsuit alleging a federal agency failed to properly consider risks to public health and the environment when it re-approved two highly toxic herbicides.

Enlist One and Enlist Duo, which are sprayed on crops across the US, contain chemicals that jeopardize the health of rural communities and farmworkers and threaten hundreds of endangered species, native plants, and local waterways, the groups warn. They also say the products can increase damage to nearby crops and exacerbate the problem of herbicide-resistant weeds. In January 2022, the Environmental Protection Agency (EPA) re-approved the weed killers’ product registrations for seven more years.

“Farmworkers and rural communities are experiencing significant health effects from Enlist herbicides,” said Mily Trevino-Sauceda, Executive Director of Alianza Nacional de Campesinas, which advocates for farmworkers’ rights, in a press release. “EPA’s registration decision shows an utter disregard for public health.”

In their complaint, the Center for Food Safety, Pesticide Action Network North America, and Alianza Nacional de Campesinas allege that the agency violated both the the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) when it re-approved the herbicides, understating the chemicals’ dangers and neglecting to consult the US Fish and Wildlife Service before moving forward.

“We’re asking the court to order EPA to properly consider the risks before approving these two harmful herbicides and to consult with the expert wildlife agencies,” said Kristina Sinclair, an attorney with the Center for Food Safety.

May 25, 2023

Bayer investors granted class-action status in lawsuit over Monsanto deal

A federal judge has given the green light for a class-action lawsuit to proceed against Bayer AG brought by investors unhappy with the company’s $63 billion purchase of Monsanto Co. in 2018.

The suit, brought by three pension funds, alleges that Bayer AG misled investors over the risks of the acquisition and failed to properly perform due diligence before buying Monsanto, which at that time was the world’s largest seed company and the maker of the popular, but controversial, Roundup weedkiller.

Just weeks after closing the deal, Bayer shares plunged when Monsanto lost a bellwether trial brought by a California groundskeeper who alleged he developed non-Hodgkin lymphoma due to his exposure to Monsanto’s weed killer. The loss triggered a flood of additional litigation and ultimately led Bayer to agree in 2020 to pay roughly $11 billion to try to settle similar claims brought by more than 100,000 plaintiffs.

Bayer’s purchase of Monsanto was dubbed one of the “worst corporate deals” in recent history by the Wall Street Journal.

“These declines in the value of Bayer … caused Lead Plaintiffs and other Class members to suffer significant loss and damages,” wrote the plaintiffs’ law firm, Cohen Milstein, in a statement. ”

The lead plaintiffs in the action are the Sheet Metal Workers’ National Pension Fund and the International Brotherhood of Teamsters Local No. 710 Pension Fund, along with an additional plaintiff – the International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware.

April 7, 2023

New book details behind-the-scenes drama of Roundup trials

It’s been nearly eight years since the filing of the first US lawsuit alleging that Roundup weed killer and other herbicides made by Monsanto with a chemical called glyphosate can cause non-Hodgkin lymphoma (NHL). Fueled by findings from international cancer scientists, the allegations sprawled into nationwide litigation that ultimately included more than 100,000 plaintiffs, and unveiled long-hidden corporate secrets.

After plaintiffs won the first three trials, Bayer AG, which bought Monsanto in 2018 as the first Roundup trial was getting underway, agreed to pay more than $11 billion to try to settle the litigation, and pledged to withdraw Roundup and other glyphosate-based products from the US consumer market. Though most plaintiffs have now settled, many opted out of the settlement, and trials around the US are continuing.

Chadi Nabhan, MD, MBA, a lymphoma specialist formerly with the University of Chicago, has been a key expert witness in many of the plaintiffs’ cases, including those who won the first three trials.

In his new book, Toxic Exposure: The True Story behind the Monsanto Trials and the Search for Justice, Nabhan gives readers a behind-the-scenes look into how he and other experts working for the plaintiffs’ lawyers pieced together a complicated scientific puzzle that convinced jurors of the company’s liability and the link between Roundup and NHL.

The book details what it was like for Nabhan to join the fight against Monsanto, explains how the trials affected his life’s trajectory, and highlights the struggles faced by plaintiffs suffering from cancer. The New Lede sat down with Nabhan to discuss the link between Roundup and NHL, his experiences at the trials, and what he thinks the public should know.

April 5, 2023

As trade dispute heats up, Mexico further slashes glyphosate imports

By Carey Gillam

Amid a high-stakes stand-off with US trade officials over favored American agricultural products, Mexico is slashing the amount of glyphosate allowed to be imported into the country by 50% for 2023.

The move is no surprise; Mexico issued a decree in 2020 giving its farmers until 2024 to stop using the weed killing chemical. But coming amid an increasingly heated dispute with US trade officials, the action underscores Mexico’s commitment to free itself from a dependence on the synthetic pesticides and genetically engineered crops promoted by American interests.

Along with banning glyphosate, Mexico is ratcheting back imports of genetically engineered corn that is designed to be sprayed with glyphosate. Mexico says the changes are needed to protect the health of its population. The country has also signaled concerns about other GMO crops sprayed with glyphosate.

Glyphosate is classified as a probable human carcinogen by the World Health Organization’s International Agency for Research on Cancer, and is linked to an array of other human and environmental health problems. It was introduced by Monsanto in 1974 and is the world’s most widely used weed killer, known best as the active ingredient in the Roundup brand. Monsanto developed genetically engineered corn, soybeans, canola and other crops to tolerate being sprayed with glyphosate, a trait that makes it easier for farmers to kill weeds in their fields.

Foods made with crops sprayed with glyphosate commonly carry residues of the weed killer, and people then consume the residues through their daily diets.

Mexico’s retreat from these types of agricultural products has triggered a firestorm of industry opposition in the United States. In response, the Office of the US Trade Representative (USTR) and other US agencies are fighting Mexico’s efforts, alleging violations of trade provisions of the US-Mexico-Canada trade agreement (USMCA) alleging violations of trade provisions of the US-Mexico-Canada trade agreement (USMCA) with respect to Mexico’s restrictions on GMO corn.

Mexico’s policies “threaten to disrupt billions of dollars in agricultural trade,” the USTR said in a press statement last month. Mexico’s moves to limit GMO corn “will stifle the innovation that is necessary to tackle the climate crisis and food security challenges if left unaddressed,” the USTR said.

The two sides started “technical consultations” regarding Mexico’s measures to limit GMO corn by an April 5 deadline as a formal first step to try to resolve the dispute.

March 16, 2023

Monsanto accused of wrongly excluding non-US citizen from Roundup settlement

By Huanjia Zhang

(This story was originally published in Environmental Health News and is republished here with permission.)

Monsanto Co. and its corporate parent Bayer are facing a federal lawsuit for civil rights violations after they allegedly excluded a farmworker from a Roundup cancer settlement because of her immigration status.

According to the lawsuit, which was filed in the US District Court for the Western District of Virginia, plaintiff Elvira Reyes-Hernandez is a migrant farmworker who worked on Virginia tree farms between 2015 and 2018, during which she sprayed the herbicide Roundup regularly.

In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) listed glyphosate, the active ingredient in Roundup, as “probably carcinogenic to humans.” Over the years, a wide body of scientific evidence has also pointed to glyphosate exposure as causing an increased risk of non-Hodgkin lymphoma.

Reyes-Hernandez was diagnosed with non-Hodgkin lymphoma in 2019 and subsequently sued Monsanto, claiming that Roundup exposure had a role in causing her cancer.

“Monsanto is very likely making calculated risks based on the characteristics of the people who are using their products,” said Katy Youker, an attorney for Lawyers’ Committee for Civil Rights Under Law and a co-counsel for the case.

By excluding non-US citizens from the settlement program, she said, Monsanto is effectively putting up a huge barrier for migrant farmworkers — most of whom do not have citizenship but are at the forefront of Roundup exposure — from seeking restitution.

This case could send an encouraging message to migrant and undocumented farmworkers who wish to bring legal action against the company. However, legal experts and farmworker advocates are still pessimistic about the prospect of them coming forward, especially when facing a myriad of hurdles and obstacles.

March 13, 2023

Scientists warn pesticide impacts may be worse than we thought

In California, regulators have rolled out a plan to eliminate “high-risk” pesticides from agricultural and urban use. In Mexico, officials have announced a ban on the widely used weedkiller glyphosate. And in Canada, regulators have implemented some new pesticide restrictions and are reviewing the potential for others.

The moves, which are also playing out in various forms around the United States, have drawn opposition from chemical and farm industry forces. But supporters say they don’t go far enough to adequately protect human and environmental health.

Three University of British Columbia researchers recently published a paper that summarizes what they say is a growing body of evidence showing that pesticides are having harmful ecological impacts beyond what is already well understood, and that these impacts are not being recognized by current testing and regulations. The authors of the paper looked at dozens of studies to draw their conclusions.

The New Lede had a conversation with lead author Risa Sargent about the team’s findings. Sargent is an associate professor of applied biology within the Faculty of Land and Food Systems at the University of British Columbia. She and colleagues reviewed studies from around the world, finding alarming results.