Monsanto Co. is facing another lawsuit alleging that exposure to glyphosate, the primary ingredient in the company’s flagship product Roundup, causes cancer.
Christine and Kenneth Sheppard, the former owners of Dragon’s Lair Kona Coffee Farm in Honaunau, Hawaii, have accused the multinational agribusiness of falsely masking the carcinogenic risks of glyphosate and is responsible for causing the woman’s cancer, non-Hodgkins lymphoma, the Hawaii Tribune-Herald reported.
The civil suit, Sheppard et al v. Monsanto Company, was filed Feb. 2 in U.S. District Court in Honolulu by the Miller Firm of Orange, Virgina and Honolulu attorney Brian K. Mackintosh on behalf of the husband-and-wife duo.
The plaintiffs seek unspecified monetary damages, including compensatory damages, punitive damages and attorneys’ fees and court costs.
According to the complaint, Christine Sheppard had used Roundup on her commercial coffee farm in Hawaii in or around 1995 and continued to use the herbicide until 2004. She said she was diagnosed with cancer in 2003 and, as a result, was forced to sell her farm and move to California to undergo treatment.
“She’s been diagnosed with non-Hodgkin’s lymphoma, a very serious form of cancer that’s gone to Stage 4,” attorney Michael Miller told the Hawaii Tribune-Herald. “She’s had enormous treatment and now is in remission, but is in fear of it coming back. So, we’re seeking a fair amount of damages—her medical expenses, her pain, her suffering and her mental anguish. And we’ll ask a jury to put a number on that at an appropriate time.”
The filing states Monsanto “knew or had reason to know that its Roundup products were defective and were inherently dangerous and unsafe when used in the manner instructed and provided by defendant.”
“Agricultural workers are, once again, victims of corporate greed,” it continues. “Monsanto assured the public that Roundup was harmless. In order to prove this, Monsanto championed falsified data and attacked legitimate studies that revealed its dangers. Monsanto led a prolonged campaign of misinformation to convince government agencies, farmers and the general public that Roundup was safe.”
The Miller Firm also helped Sheppard file an earlier lawsuit in November in California federal court. A month later, Monsanto asked the court to dismiss the suit, saying that the court has no jurisdiction over Sheppard's claims since her allegedly cancer-causing exposure happened in Hawaii and the company is headquartered in Missouri, according to Law360.
Monsanto also argued then that the “plaintiff’s allegations are directly contradicted not only by the U.S. Environmental Protection Agency’s prior express approval of the product and product label but also by EPA’s consistent findings that glyphosate is not carcinogenic to humans.”
“While we are sympathetic to anyone suffering an illness, claims regarding glyphosate in these type of lawsuits are baseless and without merit, and we will defend against these suits vigorously,” Monsanto spokeswoman Charla Lord told Law360 in an November email. “Glyphosate has a 40-year history of safe use, and based on the overwhelming weight of evidence, regulatory agencies around the world have concluded that glyphosate can be used safely according to label instructions.”
Monsanto sued by former #Kona coffee farmers | https://t.co/qGwNkNxP08 https://t.co/06TmKZtCId— West Hawaii Today (@West Hawaii Today)1454616038.0
Monsanto issued a similar response to the Sheppards' latest lawsuit last week.
The Sheppards' claims compounds with the World Health Organization’s International Agency for Research on Cancer (IARC) that infamously classified glyphosate as “probably carcinogenic to humans.”
Since the IARC’s classification, several communities have demanded bans, France has ceased sales of Roundup in garden centers, California’s Environmental Protection Agency issued plans to list glyphosate as a possible carcinogen under Proposition 65, in which the state is required to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm.
“I feel strongly about the fact that Monsanto should have told people that their herbicide is a cancer-causing agent and they haven’t warned people. It’s a shame,” Miller added. “Once the World Health Organization says you are probably a cancer-causing agent, you are a cancer-causing agent. That’s why California has implemented Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986), to let everybody know (glyphosate) is a cancer-causing agent."
Monsanto says glyphosate is safe and vehemently denies the cancer claims. The St. Louis-based company has demanded a retraction from the IARC and even filed a lawsuit in California to stop the state from listing glyphosate as known to cause cancer.
Christine Sheppard has spoken out against biotechnology before when she served as president of the Kona Coffee Council, an organization of Hawaiian farmers who grow, process and sell Kona coffee. In a 2002 news release, she spoke out against genetically modified (GMO) coffee plants.
"We represent more than 130 coffee farmers who depend on our unique and historically significant Kona coffee for their livelihood," she said. "Kona coffee is recognized as one of the worlds two grand cru coffees—introduction of GM plants could debase not only the flavor and quality of our coffee, but would also make it unmarketable in many areas of the world. GM foods are unaccepted in Japan and Europe (where they are known as "Franken-foods"); as Americans become more aware of the untested safety aspects and the absence of any labeling requirement for GM foods, many will reject them also."
The Kona coffee lawsuit is one of many glyphosate-related lawsuits Monsanto is currently staring down. Reuters reported in October that personal injury law firms around the U.S. are gathering numerous plaintiffs to build mass tort actions against the agribusiness giant.
Roundup was recently declared the “most widely applied pesticide worldwide,” according to a report published in the peer-reviewed journal Environmental Sciences Europe.
The paper, Trends in glyphosate herbicide use in the United States and globally, reveals that since 1974, when Roundup was first commercially sold, more than 1.6 billion kilograms (or 3.5 billion pounds) of glyphosate has been used in the U.S., making up 19 percent of the 8.6 billion kilograms (or 18.9 billion pounds) of glyphosate used around the world.
“Roundup Ready” crops, such as soy, corn, canola, alfalfa and cotton, are genetically engineered to withstand direct applications of Roundup, as the product kills only the weeds.
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Here are three new films to watch this Earth Week that will transport you from pole to pole and introduce you to the scientists and activists working to save our shared home.
1. The Year Earth Changed
Where to Watch: Apple TV+
When to Watch: From April 16
The coronavirus pandemic has brought home the stakes of humanity's impact on the environment. But the lockdowns also proved how quickly nature can recover when humans give it the space. Birds sang in empty cities, whales surfaced in Glacier Bay and capybara roamed the South American suburbs.
The Year Earth Changed captures this unique year with footage from more than 30 lockdowned cities between May 2020 to January 2021. Narrated by renowned wildlife broadcaster David Attenborough, the film explores what positive lessons we can take from the experience of a quieter, less trafficked world.
"What the film shows is that the natural world can bounce back remarkably quickly when we take a step back and reduce our impact as we did during lockdown," executive producer Alice Keens-Soper of BBC Studios Natural History Unit told EcoWatch. "If we are willing to make even small changes to our habits, the natural world can flourish. We need to learn how to co-exist with nature and understand that we are not separate from it- for example if we closed some of our beaches at for a few weeks during the turtle breeding we see that it can make a huge difference to their success. There are many ways that we can adapt our behavior to allow the natural world to thrive as it did in lockdown."
2. After Antarctica
Where to Watch: San Francisco International Film Festival
When to Watch: 12 a.m. PST April 9 to 11:59 p.m. April 18
In 1989, Will Steger led an international team of six scientists and explorers to be the first humans to cross Antarctica by dogsled. Steger and his team weren't just in it for the adventure. They also wanted to draw attention to the ways in which the climate crisis was already transforming the icy continent and to rally support for the renewal of the Antarctic Treaty, which would keep the continent safe from extractive industries.
In After Antarctica, award-winning filmmaker Tasha Van Zandt follows Steger 30 years later as he travels the Arctic this time, reflecting on his original journey and once again bringing awareness to changes in a polar landscape. The film intersperses this contemporary journey with footage from the original expedition, some of which has never been seen before.
"Will's life journey as an explorer and climate activist has led him not only to see more of the polar world than anyone else alive today, but to being an eyewitness to the changes occurring across both poles," Van Zandt told EcoWatch. "But now, these changes are happening in all of our own backyards and we have all become eyewitnesses. Through my journey with Will, I have learned that although we cannot always control change, we can change our response. I feel strongly that this is a message that resonates when we look at the current state of the world, as we each have power and control over how we choose to respond to hardships, and we all have the power to unite with others through collective action around a common goal."
After Antarctica is available to stream once you purchase a ticket to the San Francisco International Film Festival. If you miss it this weekend, it will screen again at the Minneapolis St. Paul International Film Festival from May 13 to May 23.
Tasha Van Zandt
3. The Race to Save the World
Where to Watch: Virtual Cinema
When to Watch: From Earth Day, April 22
While many films about the climate crisis seek to raise awareness about the extent of the problem, The Race to Save the World focuses on the people who are trying to stop it. The film tells the story of climate activists ranging from 15-year-old Aji to 72-year-old Miriam who are working to create a sustainable future. It follows them from the streets to the courtroom to their homes, and explores the impact of their advocacy on their personal lives and relationships.
Emmy award-winning documentary filmmaker Joe Gantz told EcoWatch that he wanted to make a film about climate change, but did not want to depress viewers with overwhelming statistics. Instead, he chose to inspire them by sharing the stories of people trying to make a difference.
"Unless millions of people take to the streets and make their voices heard for a livable future, the politicians are not going to get on board to help make the changes needed for a sustainable future," Gantz told Ecowatch. "I think that The Race To Save The World will energize and inspire people to take action so that future generations, as well as the plants, animals and ecosystems, can survive and thrive on this planet."
Check back with EcoWatch on the morning of Earth Day for a special preview of this inspiring film!