The hits keep coming for pharmaceutical giant Bayer and their popular herbicide Roundup as a California jury awards two plaintiffs $2.055 billion dollars in damages. The verdict came in the case of Alva and Alberta Pilliod of Livermore, Calif., who say that three decades of exposure to Roundup and its active ingredient, glyphosate, are the cause of their non-Hodgkin’s lymphoma. Each plaintiff received $1 billion in punitive damages and an additional 55 million in collective compensatory damages. Bayer refuted the jury’s findings in a statement released on Monday,

Bayer is disappointed with the jury’s decision and will appeal the verdict in this case, which conflicts directly with the U.S. Environmental Protection Agency’s interim registration review decision released just last month, the consensus among leading health regulators worldwide that glyphosate-based products can be used safely and that glyphosate is not carcinogenic, and the 40 years of extensive scientific research on which their favorable conclusions are based.”

Related: Foods Most Likely to Contain Glyphosate

Not the Only One

This is not the first successful verdict against Roundup within the last year, all of them occurring in California. The first judgment was reported in August of 2018, where judges awarded $289 million in damages (later reduced to $78 million). The second happened in March of this year, where a San Francisco jury found in favor of plaintiff Edwin Hardeman to the tune of $80 million in damages.

California Dreaming

In every statement following the verdicts against them, Bayer has cited the Environmental Protection Agency’s (EPA) classification of glyphosate as non-carcinogenic. Until recently, that was powerful evidence for the pharmaceutical corporation. In 2015, the World Health Organization’s (WHO) International Agency for Research on Cancer listed glyphosate as cancer-causing. There were strenuous objections from then Monsanto and the EPA, but emails released in an early 2017 lawsuit suggested that prominent employees at the government agency had suppressed research unfavorable to glyphosate. The State of California recognized glyphosate as carcinogenic in July 2017. Since then, lawsuits against the herbicide have gained increasingly more traction.

Related: How To Heal Your Gut 

Money on the Mind

Three juries have found in favor of plaintiffs vs. Bayer, and there are anywhere from 4,000 to 11,000 lawsuits pending. It remains to be seen if spending large quantities of money on court cases will be enough for Bayer to pivot to a different product or begin to take responsibility for their product. Monsanto made $1.9 billion in gross revenue from herbicide products in 2015. The current bill for Roundup cases is $2.213 billion dollars. Is it enough?

Sources:

• California Jury Awards $2 Billion To Couple In Roundup Weed Killer Cancer Trial – NPR
• Jury returns $2 billion verdict against Monsanto for couple with cancer — the biggest so far – CNN
• Bayer statement on jury’s decision in California State Glyphosate Trial – Bayer
• EPA Says Roundup Is Safe While Bayer Is Losing Millions In Lawsuits – Organic Lifestyle Magazine

Bayer finally got some good news after two recent major defeats in court. With more than 11,000 lawsuits pending, Bayer stands to lose billions, but at least the EPA is in its corner.

The lawsuits claim that glyphosate causes cancer. In March a federal jury in San Francisco awarded $80 million to Edwin Hardeman, a plaintiff with cancer. In August of last year, Bayer was ordered to pay 289 million to Dewayne Johnson, though the award got cut down to 78.5 million. Regardless, the EPA…

…continues to find that there are no risks to public health when glyphosate is used in accordance with its current label and that glyphosate is not a carcinogen.”

The U.S. Environmental Protection Agency

Environmental advocates denounced the decision, and so did the U.S. Department of Health and Human Service’s Agency.

Just weeks ago, the administration’s own officials at the U.S. Department of Health and Human Service’s Agency for Toxic Substances and Disease Registry released a toxicology report for glyphosate, which confirms that exposure to the toxic herbicide is harmful to human health. ‘Health agencies and credible non-industry experts who’ve reviewed this question have all found a link between glyphosate and cancer,’ Sass says.”.

NRDC

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Right now Bayer is in the middle of the third glyphosate lawsuit. It’s a joint trial with Alva and Alberta Pilliod. Brent Wisner is representing the married couple from Livermore, California. They say that their 35 years of spraying Roundup on their residential properties gave them the disease.

The probability that both Alva and Alberta would get non-Hodgkin lymphoma is 1 in 20,000, Wisner told the 12-person jury in Oakland on Thursday. Their treating physician said it was so unlikely they would both develop the same cancer that an environmental factor like Roundup was the likely culprit.”

The Guardian

Alva was diagnosed with non-Hodgkin lymphoma in 2011. He has been in remission ever since, but he says the aggressive chemotherapy degraded his cognitive abilities. Alberta was diagnosed with the same cancer in 2015. She had a tumor in the middle of her brain. The chemotherapy left her with extensive brain damage and then she relapsed. She did more chemotherapy and is now said to be in remission.

In the lawsuit, Brent Wisner has made the explosive allegation that Monsanto used fake data to win over regulators.

The company planted one of its employees at a contract lab called Industrial Bio-Test Laboratories (IBT) in the 1970s to fake negative mouse carcinogenicity data for Roundup’s active ingredient glyphosate that were to be used to win regulatory approval for the weed killer in 1975; planned an attack to discredit the World Health Organization’s (WHO) cancer research agency, anticipating the agency would classify glyphosate as a probable human carcinogen in 2015; and exploited “deep connections” within the U.S. Environmental Protection Agency to classify glyphosate as non-carcinogenic.

The Guardian

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Glyphosate may increase the risk of non-Hodgkin lymphoma by 41%, but it’s not just cancer we have to worry about. A recent study showed that individuals who were exposed to pesticides were more than twice as likely to have heart problems including heart disease. Another recent study showed that prenatal exposure to glyphosate increased odds of having a child with autism spectrum disorder with intellectual disabilities by 30%. It also has been shown to cause tumors and birth defects.

And glyphosate is hard to avoid. Corn is often drenched in glyphosate, so are oats and wheat and many other very common crops. It’s been found in beer, wine, and coffee. In another study, it was found in 93% of urine tested.

Related: Foods Most Likely to Contain Glyphosate

Bayer bought Monsanto for 66 billion dollars in 2016. Since then Bayer’s share prices have been cut in half.

Bayer firmly believes that the science supports the safety of glyphosate-based herbicides, which are some of the most thoroughly studied products of their kind, and is pleased that the regulators tasked with assessing this extensive body of science continue to reach favorable conclusions.”

Bayer

A large study looking into how pesticides affect developing fetuses and newborn babies finds that the most commonly used pesticides may result in a higher risk of autism spectrum disorder.

The study, published in the BMJ, was led by Ondine von Ehrenstein, associate professor in the Fielding School of Public Health at the University of California.

Researchers looked at the autism registry data and the pesticide use data in California. The study included 38,331 participants with 2,961 cases of autism.

Related: Foods Most Likely to Contain Glyphosate

Eleven “high use” pesticides were selected for examination. Ehrenstein chose these pesticides because previous research with animals found developmental (including fetal) and neurological issues.

Researchers looked at agricultural areas where these pesticides were frequently used. They found that pregnant women who reside within a 2,000-meter radius of such agricultural areas were much more likely to have children with neurological issues.

Prenatal exposure to glyphosate increased odds of having a child with autism spectrum disorder with intellectual disabilities by 30%.

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Exposure to the common insecticides chlorpyrifos, diazinon, permethrin, methyl bromide, and myclobutanil within the first year of a child’s life increased the odds for autism with comorbid intellectual disability by up to 50%.

 Findings suggest that an offspring’s risk of autism spectrum disorder increases following prenatal exposure to ambient pesticides within 2000 m of their mother’s residence during pregnancy, compared with offspring of women from the same agricultural region without such exposure. Infant exposure could further increase risks for autism spectrum disorder with comorbid intellectual disability.

BMJ

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This is the largest study but not the first one to show a link between autism and pesticides. The video below is from four years ago:

Glyphosate raises the risk of Non-Hodgkin lymphoma in heavily-exposed individuals by 41 percent, according to a study by former EPA advisors. This is part of a growing body of evidence against Monsanto’s Roundup, now owned by Bayer, that may influence the new wave of lawsuits against the company. The study was a meta-analysis published in Mutation Research that analyzed the results of six earlier studies on glyphosate.

All authors claim to have no financial conflicts of interest.

Glyphosate is the most widely used broad-spectrum systemic herbicide in the world. Recent evaluations of the carcinogenic potential of glyphosate-based herbicides (GBHs) by various regional, national, and international agencies have engendered controversy. We investigated whether there was an association between high cumulative exposures to GBHs and increased risk of non-Hodgkin lymphoma (NHL) in humans. We conducted a new meta-analysis that included the most recent update of the Agricultural Health Study (AHS) cohort published in 2018 along with five case-control studies. Using the highest exposure groups when available in each study, we report the overall meta-relative risk (meta-RR) of NHL in GBH-exposed individuals was increased by 41% (meta-RR = 1.41, 95% CI, confidence interval: 1.13–1.75). For comparison, we also performed a secondary meta-analysis using high-exposure groups with the earlier AHS (2005), and we determined a meta-RR for NHL of 1.45 (95% CI: 1.11–1.91), which was higher than the meta-RRs reported previously. Multiple sensitivity tests conducted to assess the validity of our findings did not reveal meaningful differences from our primary estimated meta-RR.”

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Lianne Sheppard is a former scientific adviser to the EPA on glyphosate.  In 2016 an advisory panel was instructed to determine the safety of glyphosate. Sheppard and to more of the study’s authors served on that panel. After reviewing multiple studies indicating a high likelihood that the herbicide is carcinogenic, the panel declared glyphosate to be noncarcinogenic. Bayer uses the panel’s findings as proof that their product is safe, but Sheppard criticized the EPA for “not following their own rules.”

Together, all of the meta-analyses conducted to date, including our own, consistently report the same key finding: exposure to glyphosate-based herbicides are associated with an increased risk of non-Hodgkins lymphoma.”

Bayer AG is facing more than 9,000 lawsuits in the US brought by people suffering from cancer. Plaintiffs blame Monsanto’s glyphosate-based herbicides for their cancer. Dewayne Johnson was the first plaintiff to go to trial; he won a unanimous jury verdict against Monsanto in August. A judge reduced the verdict, and of course, Monsanto is appealing. The next trial is set for February 25th, and with many more to follow.

Related: Foods Most Likely to Contain Glyphosate

According to Monsanto’s press release, the company (recently bought by Bayer) is investing $125 million in gene editing technology with Pairwise Plants, a California agricultural startup that aims to develop gene edited corn, soybeans, cotton, canola crops, wheat, and potentially “strawberries or some other fruit.”

My co-founders and I believe the technologies we have each been developing can have a profound impact in plant agriculture and will speed innovation that is badly needed to feed a growing population amid challenging conditions created by a changing climate.” – Pairwise founder J. Keith Joung

Developing foods that will “last longer” on store shelves is said to be the primary goal of this partnership.

People who are increasingly consuming more fresher fruits and vegetables would likely eat even more if they could get items that meet some or all of these criteria — benefiting retailers through increased sales. And with about 40% of the food produced every year in the U.S. thrown away, totaling an estimated $200 billion, CRISPR could potentially cut down on waste — an area of focus for socially minded consumers, manufacturers and supermarkets.” – Food Dive

Because they will be using gene editing technology, under the new GMO labeling guidelines, the products will not need to be labeled.

Specifically, we are deeply disappointed that the final rule does not clearly require the disclosure of all genetically engineered ingredients, including highly refined sugars and oils, and new GMO techniques like CRISPR and RNAi.” – GMO Labeling Explained – What You Need to Know About These Confounding, Loophole-Laden Rules

With traditional GMOs, a gene is inserted from another organism. Gene-editing is different because it finds a gene and then makes changes by amending or deleting the gene.

Already one Columbia University study has shown that this type of gene editing can create “hundreds of unintended mutations” within the target organism. It’s not known whether this extends to gene edited foods, but now the question is, “Do you want to be the guinea pig?” – March Against Monsanto

It seems Monsanto sold to Bayer just in time. Monsanto was sued by Dewayne Johnson on the grounds that the weedkiller Roundup caused his cancer, and now Bayer is dealing with the fallout from the $289 million dollar verdict that has since been reduced to $78 million. Bayer says that pending lawsuits from 9,300 plaintiffs are also alleging that glyphosate causes cancer. The company reported this in late October.

Experts have stated that these lawsuits (with more to come) could end up costing Bayer billions of dollars. Bayer stated that hundreds of scientific studies show glyphosate is safe to use.

We continue to believe that we have meritorious defenses and intend to defend ourselves vigorously in all of these lawsuits.” – Bayer’s chief executive Werner Baumann

In a telephone conference, Baumann has also been quoted as saying,

Glyphosate is an indispensable chemical for modern agriculture that is safe to use, very effective and saves resources. When used appropriately, glyphosate is a completely safe and good product. Completely safe.”

Glyphosate is Roundup’s active ingredient and it’s the most popular weed killer in the United States. The EPA maintains that glyphosate is not likely to be carcinogenic to people. But the WHO’s International Agency for Research on Cancer said in 2015 that glyphosate was “probably carcinogenic.” And the EPA had labeled glyphosate as a carcinogen in 1985, but the FDA reversed their position in 1991.

Related: GMO Potatoes Are Here – How To Avoid Them

California has glyphosate listed as a chemical known to cause cancer under Prop 65.

Robert F. Kennedy, Jr., who was involved in the glyphosate lawsuit (the Miller Firm says he was at the trial but not on the trial counsel team), is well known for raising awareness regarding vaccine damage (he is often cited as an anti-vaxxer but he is not). Kennedy Jr. now claims to have obtained incriminating documents regarding Monsanto’s business practices in Europe.

What we have is the tip of the iceberg. And in fact we have documents now in our possession, several hundreds of documents, that have not been declassified and some of those are explosive.” – EuroNews

It’s being reported that the European Union is likely to withdraw the license for Roundup before the year is over.

In addition to the glyphosate lawsuits, Monsanto’s dicamba herbicide is causing trouble across farm country:

It’s happening again. In states from Mississippi to Indiana, some US soybean farmers are seeing a troubling sight: Previously healthy plants begin to look wan, their leaves puckering into a cup-like shape. Similar symptoms are hitting trees, ornamental and garden plants, flowers, berries, and vegetables.” –Mother Jones

Related: How to Avoid GMOs in 2018 – And Everything Else You Should Know About Genetic Engineering

Additional Sources:

• Monsanto owner Bayer hit by new wave of lawsuits over Roundup weed killer – RT
• U.S. EPA says glyphosate not likely to be carcinogenic to people – Reuters
  

Dewayne “Lee” Johnson, the groundskeeper who was awarded $289 million in a civil suit against Bayer’s Monsanto, has agreed to accept the reduced award of $78 million. Dewayne went to trial on the grounds that the weedkiller Roundup caused his cancer. The jury awarded him $39 million in compensatory damages and $250 million in punitive damages. Superior Court Judge Suzanne Bolanos cut the award by $211 million, stating that punitive damages at more than seven times the size of the compensatory award are not legally justified.

In enforcing due process limits, the Court does not sit as a replacement for a jury but only as a check on arbitrary awards.”

Johnson could have demanded a new trial, but instead, he accepted the reduced award of $78 million. Doctors report he has very little time left to live. Johnson accepted the lower amount in a desire to reach “a final resolution within his lifetime,” spokeswoman Robin McCall told The Associated Press.

Related: Foods Most Likely to Contain Glyphosate

Dewayne “Lee” Johnson, was 42, working as a groundskeeper and pest-control manager in Northern California, when he developed a rash that led to a diagnosis of non-Hodgkin’s lymphoma in August 2014. Court records say duties at work included mixing and spraying hundreds of gallons of Roundup, Monsanto’s glyphosate-based weedkiller.

His attorney disagreed with the judge’s settlement reduction, but Johnson will accept the lower amount in hopes of achieving “a final resolution within his lifetime,” spokeswoman Robin McCall told The Associated Press.

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Bayer acquired Monsanto in June. In an emailed statement Bayer spokesperson Charla Lord told NPR:

The Court’s decision to reduce the punitive damage award by more than $200 million is a step in the right direction, but we continue to believe that the liability verdict and damage awards are not supported by the evidence at trial or the law and plan to file an appeal with the California Court of Appeal.

There is an extensive body of research on glyphosate and glyphosate-based herbicides, including more than 800 rigorous registration studies required by EPA, European and other regulators, that confirms that these products are safe when used as directed.”

Related: How to Avoid GMOs in 2018 – And Everything Else You Should Know About Genetic Engineering

Glyphosate is one of the most widely used and well-known herbicides in the U.S. Reuters reports that Bayer faces about 8,000 more lawsuits on the herbicide.