Bayer’s class action settlement plan draws widespread outrage, opposition

More than 90 law firms and more than 160 lawyers have notified a federal court judge overseeing U.S. Roundup litigation that they oppose Monsanto owner Bayer AG’s $2 billion plan to settle future claims the company expects to be brought by people diagnosed with cancer they blame on use of Monsanto’s herbicide products.

In recent days, nine separate objections to the plan and four amicus briefs have been filed with the U.S. District Court for the Northern District of California, letting Judge Vince Chhabria know the extent of opposition to the proposed class settlement. Chhabria has been overseeing thousands of Roundup cancer lawsuits in what is called ‘multidistrict litigation’ (MDL).

On Monday, the National Trial Lawyers (NTL) joined in the opposition on behalf of its 14,000 members. The group said in their filing with the court that they agree with the opposition that “the proposed settlement seriously endangers access to justice for millions of people in the proposed class, would prevent Monsanto’s victims from holding it accountable, and would reward Monsanto in numerous respects.”

The group reiterated in its filing the fear that if Bayer’s proposed settlement is approved, it will set a dangerous precedent for plaintiffs in future, unrelated cases: “It will hurt the proposed class members, not help them. This type of settlement would also provide an untenable template for other corporate tortfeasors to avoid appropriate liability and consequences for their conduct… the proposed class settlement is not how a ‘system of justice’ works and thus such a settlement should never be approved.”

The $2 billion proposed settlement is aimed at future cases and is separate from the $11 billion Bayer has earmarked to settle existing claims brought by people alleging they developed non-Hodgkin lymphoma (NHL) due to exposure to Monsanto’s weed killers. The people impacted by the class settlement proposal are individuals who have been exposed to Roundup products and either already have NHL or may develop NHL in the future, but who have not yet taken steps to file a lawsuit.

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Revealed: Monsanto owner and US officials pressured Mexico to drop glyphosate ban

Internal government emails reveal Monsanto owner Bayer AG and industry lobbyist CropLife America have been working closely with US officials to pressure Mexico into abandoning its intended ban on glyphosate, a pesticide linked to cancer that is the key ingredient in Monsanto’s Roundup weedkillers.

The moves to protect glyphosate shipments to Mexico have played out over the last 18 months, a period in which Bayer was negotiating an $11bn settlement of legal claims brought by people in the US who say they developed non-Hodgkin lymphoma due to exposure to the company’s glyphosate-based products.

The pressure on Mexico is similar to actions Bayer and chemical industry lobbyists took to kill a glyphosate ban planned by Thailand in 2019. Thailand officials had also cited concerns for public health in seeking to ban the weedkiller, but reversed course after US threats about trade disruption.

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There’s a red flag here: how an ethanol plant is dangerously polluting a US village

For the residents of Mead, Nebraska, the first sign of something amiss was the stench, the smell of something rotting. People reported eye and throat irritation and nosebleeds. Then colonies of bees started dying, birds and butterflies appeared disoriented and pet dogs grew ill, staggering about with dilated pupils.

There is no mystery as to the cause of the concerns in Mead, a farming community so small that its 500 residents refer to it as a village and not a town.

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Trump’s EPA is quietly killing us while the world focuses on COVID-19

As the days tick down to next month’s presidential election, debate rages over the U.S. government’s handling of the COVID-19 pandemic with critics of President Donald Trump calling for his ouster due to his failure to protect the American public.

And yet as mass media runs daily tallies of COVID-related cases and deaths, a more sinister threat to public health looms as the Trump administration rolls back regulations that govern the quality of our air, land, and water. And though these actions are garnering little public outcry now, they pose grave danger to our children and their children for decades to come. It’s a simple truth — a poisoned environment means poisoned people.

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Thailand’s reversal on glyphosate ban came after Bayer scripted U.S. intervention, documents show

A year ago Thailand was set to ban the widely used weed killing chemical glyphosate, a move applauded by public health advocates because of evidence the chemical causes cancer, along with other harms to people and the environment.

But under heavy pressure from U.S. officials, Thailand’s government reversed the planned ban on glyphosate last November and delayed imposing bans on two other agricultural pesticides despite the fact that the country’s National Hazardous Substances Committee said a ban was necessary to protect consumers.

A ban, particularly on glyphosate, would “severely impact” Thai imports of soybeans, wheat and other agricultural commodities, U.S. Department of Agriculture Undersecretary Ted McKinney warned Thailand Prime Minister Prayuth Chan-Ocha in pushing for the reversal. Imports could be impacted because those commodities, and many others, typically are laced with residues of glyphosate.

Now, newly revealed emails between government officials and Monsanto parent Bayer AG show that McKinney’s actions, and those taken by other U.S. government officials to convince Thailand not to ban glyphosate, were largely scripted and pushed by Bayer.

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Dying man asks California Supreme Court to restore jury award in Monsanto Roundup case

The school groundskeeper who won the first-ever trial over allegations that Monsanto’s Roundup causes cancer is asking the California Supreme Court to restore $250 million in punitive damages awarded by the jury who heard his case but then slashed by an appeals court to $20.5 million.

Notably, the appeal by plaintiff Dewayne “Lee” Johnson has larger implications than his own individual case. Johnson’s lawyer are urging the court to address a legal twist that can leave people such as Johnson who are facing death in the near term with lower damage awards than others expected to live many years in suffering and pain.

“It is long past time for California courts to recognize, as other courts do, that life itself has value and that those who maliciously deprive a plaintiff of years of life should be made to fully compensate that plaintiff and be punished accordingly,” Johnson’s attorneys wrote in their request for the state supreme court review. “The jury ascribed meaningful value to Mr. Johnson’s life, and for that he is grateful. He asks this Court to respect the jury’s decision and restore that value. ”

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Appeals court denies Monsanto bid for Roundup case rehearing

A California appeals court on Tuesday rejected Monsanto’s effort to trim $4 million from the amount of money it owes a California groundskeeper who is struggling to survive cancer that a jury found was caused by the man’s exposure to Monsanto’s Roundup herbicides.

The Court of Appeal for the First Appellate District of California also rejected the company’s request for a rehearing of the matter.  The court’s decision followed its ruling last month slamming Monsanto  for its denial of the strength of the evidence that its glyphosate-based weed killers cause cancer. In that July ruling, the court said that plaintiff Dewayne “Lee” Johnson had presented “abundant” evidence that Monsanto’s weed killer caused his cancer.  “Expert after expert provided evidence both that Roundup products are capable of causing non-Hodgkin’s lymphoma…  and caused Johnson’s cancer in particular,” the appeals court stated in its July decision.

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New weed killer studies raise concern for reproductive health

As Bayer AG seeks to discount concerns that Monsanto’s glyphosate-based herbicides cause cancer, several new studies are raising questions about the chemical’s potential impact on reproductive health.

An assortment of animal studies released this summer indicate that glyphosate exposures impact reproductive organs and could threaten fertility, adding fresh evidence that the weed killing agent might be an endocrine disruptor. Endocrine disrupting chemicals may mimic or interfere with the body’s hormones and are linked with developmental and reproductive problems as well as brain and immune system dysfunction.

In a paper published last month in Molecular and Cellular Endocrinology, four researchers from Argentina said that studies contradict assurances by the U.S. Environmental Protection Agency (EPA) that glyphosate is safe.

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U.S. study shows switch to organic diet can quickly clear pesticide from our bodies

A new study published Tuesday found that after switching to an organic diet for just a few days, people could cut the levels of a pesticide linked to cancer found in their urine by more than 70 percent.

The researchers collected a total of 158 urine samples from four families –seven adults and nine children – and examined the samples for the presence of the weed killer glyphosate, which is the active ingredient in Roundup and other popular herbicides. The participants spent five days on a completely non-organic diet and five days on a completely organic diet.

“This study demonstrates that shifting to an organic diet is an effective way to reduce body burden of glyphosate… This research adds to a growing body of literature indicating that an organic diet may reduce exposure to a range of pesticides in children and adults,” states the study, which was published in the journal Environmental Research.

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Court overturns EPA approval of popular herbicide made by Monsanto

Ruling says EPA ignored clear evidence that the new herbicide would cause widespread damage to crops: 

The Environmental Protection Agency (EPA) broke the law in approving agricultural weedkilling products sold by Bayer and two other chemical giants, ignoring clear evidence that the new herbicides would cause widespread damage to crops, a federal court ruled on Wednesday.

The decision by the US court of appeals for the ninth circuit invalidates the registrations for dicamba-based herbicides made by Monsanto, which is owned by Bayer AG, BASF and Corteva Agrisciences that are designed to be sprayed on genetically engineered soybeans and cotton. The court order effectively makes it illegal for farmers to continue to use the dicamba herbicides this summer as they tend to millions of acres of crops. 

In a stinging rebuke, the court said it had no choice but to cancel the EPA’s approval of the herbicides because the agency had strayed so far from its duty to properly assess the dangers presented by the “new use” of dicamba. 

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