Jörg Carstensen / picture alliance via Getty Images
By Carey Gillam
Bayer AG is reneging on negotiated settlements with several U.S. law firms representing thousands of plaintiffs who claim exposure to Monsanto's Roundup herbicides caused them to develop non-Hodgkin lymphoma, sources involved in the litigation said on Friday.
<p>The reversal comes as U.S. courts are closed to the public because of the spreading coronavirus, eliminating the specter of another Roundup cancer trial in the near future.</p><p>Bayer, which bought Monsanto in June of 2018, has been engaged in settlement talks for close to a year, seeking to put an end to mass litigation that has driven down the company's stock, spurred investor unrest, and thrust questionable corporate conduct into a public spotlight. The first three trials led to three losses for Bayer and jury awards of more than $2 billion, though trial judges later reduced the awards.</p>
<p>Bayer made <a href="https://www.reuters.com/article/us-bayer-glyphosate-lawsuit-delay/bayer-says-glyphosate-settlement-talks-delayed-by-coronavirus-handelsblatt-idUSKBN21K13F" target="_blank">a public statement</a> this week saying that settlement talks have been slowed by the coronavirus pandemic, but multiple plaintiffs' lawyers said that was not true.</p><p>According to the plaintiffs' attorneys, Bayer has been going back to law firms that had already completed negotiations for specified settlements for their clients, saying the company will not honor the agreed-upon amounts.</p><p>"A lot of lawyers around the country thought they had tentative deals," said Virginia attorney Mike Miller, whose firm represents roughly 6,000 clients and won two of the three Roundup trials to date. Bayer is now demanding a "hair cut" on those deals, Miller said.</p><p>Whether or not the various firms will take the reduced offers remains to be seen. "These are uncertain economic times," Miller said. "People have to consider what's best for their clients."</p>In response to a request for comment, a Bayer spokesman provided the following statement: "We've made progress in the Roundup mediation discussions, but the COVID-19 dynamics, including restrictions imposed in recent weeks, have caused meeting cancellations and delayed this process … As a result, the mediation process has significantly slowed, and realistically, we expect this will continue to be the case for the immediate future. During this time, we will continue to do whatever we can to help combat the global COVID-19 pandemic, consistent with our vision of 'health for all, hunger for none.' We cannot speculate about potential outcomes from the negotiations or timing, given the uncertainties surrounding the pandemic and the confidentiality of this process, but we remain committed to engaging in mediation in good faith."<p>US Right to Know <a href="https://usrtk.org/monsanto-roundup-trial-tacker/anticipation-builds-for-settlement-of-roundup-cancer-claims/" target="_blank">reported in early January</a> that the parties were working on a settlement of roughly $8 billion to $10 billion. Bayer has acknowledged facing claims from more than 40,000 plaintiffs, but plaintiffs' attorneys have said the total number of claims is much higher.</p><p>Among the firms who had negotiated settlements for their clients are the Andrus Wagstaff firm from Denver, Colorado and the Los Angeles firm of Baum Hedlund Aristei & Goldman. Both reached agreements last year with Bayer.</p><p>In addition, the Weitz & Luxenberg firm from New York and Mike Miller's firm recently reached what they thought were agreements on terms. Each of the firms represents thousands of plaintiffs.</p><p>The primary leverage plaintiffs' attorneys had been using in the settlement negotiations was the threat of another public trial. In the first three trials, damning <a href="https://usrtk.org/monsanto-papers/" target="_blank">internal Monsanto documents</a> laid bare evidence that the company knew of the cancer risks of its glyphosate-based herbicides but failed to warn consumers; ghost-wrote scientific papers proclaiming the safety of its herbicides; worked with certain regulatory officials to quash a government review of glyphosate toxicity; and engineered efforts to discredit critics.</p><p>The revelations have triggered outrage around the world and prompted moves to ban the glyphosate-based herbicides.</p><p>Several trials that were to have been held over the last several months were cancelled shortly before they were scheduled to begin when Bayer agreed to individual settlements for those specific trial plaintiffs. Two of those cases involved children stricken with non-Hodgkin lymphoma and a third was brought by a woman suffering from non-Hodgkin lymphoma. Those plaintiffs, and others who have agreed to settlements in lieu of trials in recent months, are protected and are not part of the current rollback effort by Bayer, according to multiple sources involved.</p><p>Bayer is slated to hold its annual shareholders' meeting on April 28. For the first time in the company's history, the meeting will be <a href="https://www.media.bayer.com/baynews/baynews.nsf/id/Bayer-planning-to-hold-online-only-stockholders-meeting-on-April-28-2020" target="_blank">held entirely online</a>.</p><p>The first three plaintiffs to win jury awards against Monsanto have yet to receive any money as Bayer appeals the verdicts.</p>
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The CEO of German chemicals giant Bayer, Werner Baumann, speaks during the company's annual news conference in Leverkusen, western Germany, on Feb. 27. INA FASSBENDER / AFP / Getty Images
By Carey Gillam
A California shareholder of Bayer AG on Friday filed a lawsuit against the companies' top executives claiming they breached their duty of "prudence" and "loyalty" to the company and investors by buying Monsanto Co. in 2018, an acquisition the suit claims has "inflicted billions of dollars of damages" on the company.
<p>Plaintiff Rebecca R. Haussmann, trustee of the Konstantin S. Haussmann Trust, is the sole named plaintiff in the suit, which was filed in New York County Supreme Court. The named defendants include Bayer <a href="https://www.reuters.com/article/us-bayer-chairman-ceo/pressure-mounts-on-bayer-ceo-to-fix-legal-problems-as-chairman-quits-idUSKCN20K2SM" target="_blank">CEO Werner Baumann</a>, who orchestrated the $63 billion Monsanto purchase, and Bayer Chairman Werner Wenning, who announced last month he was <a href="https://www.wsj.com/articles/bayer-chairman-steps-down-in-midst-of-roundup-legal-battle-11582714274" target="_blank">stepping down</a> from the company earlier than planned. The suit claims that Wenning's decision came after Bayer improperly obtained a copy of the then-draft shareholder lawsuit "through corporate espionage."<em></em></p>
<p>The lawsuit also claims that Bayer's recent announcement of an audit of its acquisition actions is "bogus" and "part of the ongoing cover-up and intended to create a legal barrier to this case to protect Defendants from their accountability…"</p><p>The action is a shareholder derivative complaint, meaning it is brought on behalf of the company against company insiders. It seeks compensatory damages for shareholders and disgorgement of "all compensation paid to the Bayer Managers and Supervisors who participated in bringing about this Acquisition…" The suit also seeks return of funds paid to banks and law firms involved in the acquisition.</p><p>The defendants include not only Baumann and Wenning, but also some present and former Bayer directors and top managers, as well as BOFA Securities, Inc., Bank of America, Credit Suisse Group AG and the law firms of Sullivan & Cromwell LLP and Linklaters LLP.</p><p>A Bayer spokesman did not respond to a request for comment.</p>
<p>The lawsuit comes a little more than a month before Bayer's April 28 annual shareholders' meeting in Bonn, Germany. At last year's annual meeting, 55 percent of shareholders <a href="https://www.bloomberg.com/news/articles/2019-04-26/bayer-ceo-loses-key-vote-as-investors-reject-monsanto-strategy" target="_blank">registered their unhappiness</a> with Baumann and other managers over the Monsanto deal and the subsequent loss of roughly $40 billion in market value.</p><p>Bayer's purchase of Monsanto has been clouded by tens of thousands of lawsuits alleging Monsanto's glyphosate-based herbicides cause non-Hodgkin lymphoma and that the company deceived customers about the risks. Bayer proceeded with the acquisition even after the International Agency for Research on Cancer in 2015 classified glyphosate as a probable human carcinogen with a positive association to non-Hodgkin lymphoma, and despite knowledge of the spreading legal claims.</p><p>Bayer then completed the Monsanto purchase just two months before the first Roundup cancer trial ended with <a href="https://www.theguardian.com/business/2018/aug/11/one-mans-suffering-exposed-monsantos-secrets-to-the-world" target="_blank">a $289 million verdict</a> against the company. Since that time two more trials have ended in similar findings against the company with verdicts totaling more than $2 billion, though the trial judges in each case have lowered the verdicts. All are now on appeal.</p>
<p>Bayer has said there are more than 45,000 plaintiffs currently making similar claims. The company has been working to settle the lawsuits for a figure widely reported to be around $10 billion but has thus far not been successful in putting an end to the litigation.</p><p>The lawsuit claims that during 2017 and 2018, as the filing of new Roundup cancer lawsuits was escalating, the ability of Bayer management to conduct due diligence into Monsanto and the litigation risks was "severely restricted." As a result, "Bayer could not conduct the kind of intrusive and thorough due diligence into Monsanto's business and legal affairs called for under the circumstances."</p><p>The suit claims that Monsanto did not disclose a material risk from Roundup and failed to quantify any potential financial impact. Monsanto's executives "had every incentive to minimize the Roundup risk in order to get Bayer to close the deal," the lawsuit states.</p><p>The shareholder lawsuit claims that "these types of mass-tort cases… can destroy a company."</p><p>The lawsuit points to the fact that Monsanto's glyphosate herbicides are now being restricted and/or banned in many parts of the world, including in Germany.</p><p>"The Monsanto Acquisition is a disaster. Roundup is doomed as a commercial product," the lawsuit states.</p>
<p class=""><em>Reposted with permission from <a href="https://usrtk.org/monsanto-roundup-trial-tacker/shareholder-files-suit-against-bayer-over-disastrous-monsanto-acquisition/" rel="noopener noreferrer" target="_blank">U.S. Right to Know</a>. </em></p>From Your Site Articles
- Cancer Takes Toll as New Roundup Trials Near - EcoWatch ›
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Bayer and BASF Ordered to Pay $265 Million to U.S. Peach Farmer in Weedkiller Suit
17 February
Business
Bill Bader, owner of Bader Farms, and his wife Denise pose in front of the Rush Hudson Limbaugh Sr. United States Courthouse in Cape Girardeau, Missouri on Jan. 27, 2020. Johnathan Hettinger / Midwest Center for Investigative Reporting
A jury in Missouri awarded a farmer $265 million in a lawsuit that claimed Bayer and BASF's weedkiller destroyed his peach orchard, as Reuters reported.
<p>The lawsuit is ominous for Bayer, which bought <a href="http://www.ecowatch.com/tag/monsanto" target="_self">Monsanto</a> in 2018 and now faces nearly 140 similar lawsuits in U.S. courts, plus thousands of other suits that claim health damage from Monsanto's <a href="http://www.ecowatch.com/tag/glyphosate" target="_self">glyphosate</a>-based Roundup.</p><p>The jury in U.S. District Court in Cape Girardeau, Missouri awarded peach farmer, Bill Bader, $15 million in actual damages and $250 million in punitive damages, after agreeing with his claim that a herbicide the two German companies produced drifted onto his orchard from nearby farms and irreparably damaged his 1,000 acre peach-tree orchard, according to <a href="https://www.reuters.com/article/us-bayer-dicamba-lawsuit/us-peach-grower-awarded-265-million-from-bayer-basf-in-weedkiller-lawsuit-idUSKBN20A0JJ" target="_blank">Reuters</a>.<br></p><p>Bader Farms is one of the largest peach tree farms in Missouri.</p>
<p>As the <a href="https://apnews.com/5f2a0d06474958abb2de46dfc788a993" target="_blank">AP</a> reported, Bader's attorneys argued that dicamba, which is present in herbicides made by Bayer and BASF, is so potent that there was no way for Bader's trees to recover from the exposure. The generous award paves the way for a large spate of lawsuits from farmers who have seen their crops destroyed by inadvertent exposure to dicamba-based products.</p><p>Like Roundup, dicamba was developed and distributed by Monsanto. Farmers across the country have claimed that dicamba turns into vapor and drifts for miles when used in certain weather conditions, as <a href="https://www.reuters.com/article/us-bayer-dicamba-lawsuit/us-peach-grower-awarded-265-million-from-bayer-basf-in-weedkiller-lawsuit-idUSKBN20A0JJ" target="_blank">Reuters</a> reported. They have alleged that it has destroyed millions of acres of U.S. cropland, according to <a href="https://apnews.com/5f2a0d06474958abb2de46dfc788a993" target="_blank">The Associated Press</a>.</p>
<p>Attorneys for Bayer said they plan to appeal the decision. "We want our customers to know that, as this legal matter continues, we remain steadfast in our commitment to delivering them the effective and sustainable tools they need in the field," Bayer said in a statement, as <a href="https://apnews.com/5f2a0d06474958abb2de46dfc788a993" target="_blank">The Associated Press</a> reported. In court, they argued that Bader Farms trees were damaged by root fungus and bad weather.</p><p>The lawyers also claimed that the decision was not based on facts, saying "there was no competent evidence presented which showed that Monsanto's products were present" on the Missouri farm and were responsible for the farmer's losses, according to <a href="https://www.bloomberg.com/news/articles/2020-02-14/bayer-ordered-to-pay-15-million-over-dicamba-crop-damage" target="_blank">Bloomberg</a>.</p>
<p>The loss in this trial, which surely opens the door for many more lawsuits, heaps an enormous amount of pressure on Bayer Chief Executive Officer Werner Baumann, who staked his career on the $63 billion takeover of Monsanto. He became the first CEO of a major German company in decades to lose a shareholder confidence vote last spring, as <a href="https://www.bloomberg.com/news/articles/2020-02-14/bayer-ordered-to-pay-15-million-over-dicamba-crop-damage" target="_blank">Bloomberg</a> reported.</p><p>Dicamba is not a new product. Farmers have been using it for nearly half a century. However, Monsanto developed a dicamba-resistant strain of cotton and soybeans. That opened the door for widespread use of dicamba, which led to complaints from neighboring farms who claimed that their crops were getting killed by the dicamba drift, as <a href="https://apnews.com/5f2a0d06474958abb2de46dfc788a993" target="_blank">The Associated Press</a> reported.</p><p>In response to those concerns, the U.S. Environmental Protection Agency created tighter restrictions on dicamba usage. Some states have taken additional steps, requiring training and putting in place firm dates dictating when dicamba can and cannot be sprayed, according to <a href="https://apnews.com/5f2a0d06474958abb2de46dfc788a993" target="_blank">The Associated Press</a>.</p><p>The legal cases from Monsanto continue to pile up for Bayer. Not only are Roundup and dicamba suits in the pipeline, the company also faces litigation from several cities that claim Monsanto dumped toxic PCBs into waterways, as <a href="https://www.bloomberg.com/news/articles/2020-02-14/bayer-ordered-to-pay-15-million-over-dicamba-crop-damage" target="_blank">Bloomberg</a> reported.</p>
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'Troubling Allegiance' to Pesticide Company: Trump's EPA Claims Glyphosate Poses No Risk to Human Health
31 January
Health + Wellness
By Eoin Higgins
President Donald Trump's Environmental Protection Agency on Thursday wrapped up a regulatory review of the safety of the weedkiller glyphosate and found the chemical poses no risk to human health — a decision that was immediately decried by advocates as another indication of the closeness between the administration and private sector interests.
<p>"The Trump EPA's assertion that glyphosate poses no risks to human health disregards independent science findings in favor of confidential industry research and industry profits," <a href="https://biologicaldiversity.org/w/news/press-releases/epa-reapproves-glyphosate-claims-pesticide-poses-no-human-health-threat-2020-01-30/" target="_blank">said</a> Lori Ann Burd, the Center for Biological Diversity's director of environmental health. "This administration's troubling allegiance to Bayer/Monsanto and the pesticide industry doesn't change the trove of peer-reviewed research by leading scientists finding troubling links between glyphosate and cancer."<em></em></p>
<p>The EPA came to the conclusion after reviewing the chemical's effects on humans, but the determination is unlikely to change views on either side of the conflict over the chemical's safety.</p><p>"A whole lot of people will disagree" with the EPA, <a href="https://twitter.com/NaomiStarkman/status/1222987413619785729" target="_blank">tweeted</a> Civil Eats founder and editor Naomi Starkman.</p><p>As <a href="https://www.reuters.com/article/us-bayer-glyphosate-epa/u-s-epa-reaffirms-that-glyphosate-does-not-cause-cancer-idUSKBN1ZT2SB" target="_blank">Reuters reported</a>:</p><blockquote>The conclusion reaffirms the agency's stance on glyphosate, the key ingredient in Bayer AG's Roundup, despite judgments by U.S. juries that have found that use of the weedkiller was responsible for plaintiffs' cancer in some trials.<br>...<br>In 2015, the World Health Organization's cancer arm classified glyphosate as "probably carcinogenic to humans."<br></blockquote>
<p>There are <a href="https://www.bloomberg.com/news/articles/2020-01-23/bayer-is-said-to-discuss-settling-roundup-claims-for-10-billion" target="_blank">reportedly</a> tens of thousands of lawsuits against Bayer/Monsanto for the chemical's cancer links, and the company is considering settling the claims for between $10 and $12 billion. </p><p>Thursday's decision is not expected to have an effect on those suits. But the message the EPA is sending, the Center for Biological Diversity's Burd said, is clear. </p><p>"The EPA's pesticide office is clearly willing to bend over backwards, including disregarding its own guidelines for evaluating cancer risks, to give the industry what it wants," said Burd. </p><p>As <a href="https://www.commondreams.org/news/2019/08/12/playing-role-pesticide-cheerleader-epa-rebukes-calif-ban-warning-labels-roundup" target="_blank">Common Dreams has reported</a>, Trump's EPA has been criticized by advocates for years for its closeness to Bayer/AG and its treatment of glyphosate.</p><p>Media strategist Jen Degtjarewsky gave a blunt assessment on the president's environmental record in the context of Thursday's ruling. </p><p>"It's open season on clean air, water, and soil," <a href="https://twitter.com/JenDegtjarewsky/status/1222980634873778176" target="_blank">said</a> Degtjarewsky.</p>
<p><em>Reposted with permission from <a href="https://www.commondreams.org/news/2020/01/30/critics-trump-epas-formal-assertion-glyphosate-poses-no-risk-human-health-indication?cd-origin=rss" rel="noopener noreferrer">Common Dreams</a>.</em></p>From Your Site Articles
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"It would be great to see all the candidates join Elizabeth Warren in taking the No Big Ag Money Pledge," said Citizens Regeneration Lobby's Alexis Baden-Mayer. Peter Blanchard / Flickr / ric (CC BY 2.0)
Food system justice and environmental advocates on Wednesday urged all Democratic presidential hopefuls to follow in the footsteps of Sen. Elizabeth Warren in signing a pledge rejecting campaign cash from food and agribusiness corporations.
<p>The Massachusetts senator, said advocacy group Friends of the Earth, is "leading the way."<em></em></p>
<iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-1220003866185490432" id="twitter-embed-1220003866185490432" lazy-loadable="true" src="/res/community/twitter_embed/?iframe_id=twitter-embed-1220003866185490432&created_ts=1579706562.0&screen_name=foe_us&text=BREAKING%3A+Elizabeth+Warren+has+signed+our+%23NoBigAgMoney+pledge%21%0A%0A77%25+of+Iowa+Democratic+caucus+goers+want+candidate%E2%80%A6+https%3A%2F%2Ft.co%2FA0VudN01tO&id=1220003866185490432&name=Friends+of+the+Earth" frameborder="0" data-rm-shortcode-id="NR54YP1579724062"></iframe><p>"We applaud Sen. Warren for listening to voters that overwhelmingly support candidates rejecting Big Ag's money and influence," <a href="https://foeaction.org/news/elizabeth-warren-signs-no-big-ag-money-pledge/" target="_blank">said</a> Lisa Archer, food and agriculture director for Friends of the Earth Action. "We urge all presidential candidates to take the No Big Ag Money pledge and prioritize our families, farmers, food chain workers, our planet, and our democracy over Big Ag's profits."</p><p>The "No Big Ag Money Pledge" was launched last week. It <a href="https://foeaction.org/wp-content/uploads/2020/01/The-No-Big-Ag-Money-Pledge.pdf" target="_blank">states</a> (pdf):</p><blockquote>I pledge not to take contributions over $200 from large food and agribusiness corporation executives, lobbyists, and PACs and instead prioritize the health of our families, farmers, food chain workers, our planet, and our democracy.<br></blockquote><p>The document lists dozens of companies that fall under that category, including giants <a href="https://www.ecowatch.com/tag/bayer">Bayer</a>, Caterpillar, <a href="https://www.ecowatch.com/tag/Tyson" rel="noopener noreferrer">Tyson</a>, General Mils, and Sodexo. Rejecting cash from those entities, says the coalition behind the pledge, would show that presidential candidates won't favor the interests of <a href="https://www.ecowatch.com/tag/factory-farming" rel="noopener noreferrer">factory farms</a> over those of family farms.</p>
<p>If the opinion of likely Democratic caucus-goers in Iowa serve as a guide, candidates would be wise to sign on to the plege.</p><p>According to a <a href="https://foeaction.org/wp-content/uploads/2020/01/LRP-Friends-of-the-Earth-Action-Iowa-Poll-Memo.F.2020.01.09.pdf" target="_blank">poll</a> (pdf) out earlier this month — commissioned to the Friends of the Earth Action and conducted by Lake Research Partners — 77 percent of these likely caucus-goers agree that presidential candidates should reject campaign contributions from Big Ag. Sixty-four percent also said they support breaking up the biggest food and agriculture corporations — a proposal backed by <a href="https://www.commondreams.org/news/2019/03/27/elizabeth-warrens-plan-lift-family-farmers-includes-barring-big-ag-mega-mergers" target="_blank">Warren</a> and Democratic primary rival Sen. Bernie <a href="https://berniesanders.com/en/issues/revitalizing-rural-america/" target="_blank">Sanders</a>.</p><p>Make no mistake, Big Ag wields significant power. As Friends of the Earth outlined in a <a href="https://foeaction.org/news/coalition-launches-no-big-ag-money-pledge-targeting-presidential-candidates/" target="_blank">statement</a> last week,</p><blockquote>Currently in the United States, four corporations (many of them foreign owned) control 84 percent of the market for beef, 70 percent of the market for soy, 66 percent of the market for hogs, 80 percent of the market for corn, 59 percent of the market for poultry, 84 percent of the market for pesticides, and 60 percent of the market for seeds.<br></blockquote><p>The food and family farms groups say that campaigns not accepting contributions from these interests would be a step towards neutering their political influence. </p><p>"It would be great to see all the candidates join Elizabeth Warren in taking the No Big Ag Money Pledge," said Alexis Baden-Mayer, political director of Citizens Regeneration Lobby. "It's time to stop agribusiness monopolies from using campaign cash and lobbying dollars to put a stranglehold on federal food and farm policy."</p>
<p><em>Reposted with permission from <a href="https://www.commondreams.org/news/2020/01/22/2020-dems-called-follow-warren-supporting-no-big-ag-money-pledge" rel="noopener noreferrer">Common Dreams</a>.</em></p>From Your Site Articles
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The Environmental Protection Agency West pictured in DC. Wally Gobetz / Flickr / CC BY-NC-ND 2.0
The Environmental Protection Agency (EPA) added its weight to back Bayer AG in its appeal against a federal jury verdict that decided its Roundup weed killer causes cancer, according to Bloomberg.
<p>Bayer is looking to overturn a verdict that first awarded a plaintiff $80 million, but was reduced to $25 million by a federal judge, in a suit that claimed the world's most popular <a href="https://www.ecowatch.com/tag/herbicides" rel="noopener noreferrer">herbicide</a> caused a man's non-Hodgkin lymphoma. The EPA, working with the U.S. Department of Justice, filed papers in court on Friday fully and unequivocally supporting Bayer's claim that <a href="https://www.ecowatch.com/tag/glyphosate" rel="noopener noreferrer">glyphosate</a>, the active ingredient in Roundup, does not cause cancer, as <a href="https://www.wsj.com/articles/epa-backs-bayer-in-weedkiller-court-fight-11576879555" rel="noopener noreferrer" target="_blank">The Wall Street Journal</a> reported. </p>
<p>When the U.S. District Judge Vince Chhabria cut the jury reward in the spring, he refused to overturn the jury's findings that Roundup should have been sold with a cancer warning on the label. The EPA, however, said in papers that it had vetted and approved the Roundup warning label issued by Monsanto, which Bayer acquired in 2018 for about $63 billion, and it did not require a cancer warning, as <a href="https://www.bloomberg.com/news/articles/2019-12-21/u-s-epa-supports-bayer-s-appeal-of-roundup-cancer-verdict" target="_blank">Bloomberg</a> reported.</p>
<p>The filings by the EPA and Justice Department said that Monsanto, and subsequently Bayer, could not print a cancer-risk warning on its label because the EPA has the sole authority over warning labels on chemical products and the EPA would not have approved a cancer warning on Roundup labels, according to <a href="https://www.wsj.com/articles/epa-backs-bayer-in-weedkiller-court-fight-11576879555" target="_blank" rel="noopener noreferrer">The Wall Street Journal</a>. </p>
<p>"That label, once reviewed and approved by EPA, is controlling," the agency said, as <a href="https://www.bloomberg.com/news/articles/2019-12-21/u-s-epa-supports-bayer-s-appeal-of-roundup-cancer-verdict" target="_blank">Bloomberg</a> reported. "States cannot impose distinct labeling requirements."</p>
<p>In August, the EPA administrator <a href="http://www.ecowatch.com/tag/Andrew-Wheeler" rel="noopener noreferrer">Andrew Wheeler</a> said his agency would not allow a cancer-risk warning on glyphosate-based herbicides, saying it was tantamount to false labeling since the EPA had deemed it safe, as <a href="https://www.wsj.com/articles/epa-backs-bayer-in-weedkiller-court-fight-11576879555" rel="noreferrer noopener">The Wall Street Journal</a> reported. </p>
<p>"EPA has a longstanding position—It's not just this administration which determined that this pesticide does not cause cancer," said Jeffrey Clark, the assistant attorney general of the Environment and Natural Resources Division at the Justice Department in an interview, to <a href="https://www.wsj.com/articles/epa-backs-bayer-in-weedkiller-court-fight-11576879555" rel="noreferrer noopener">The Wall Street Journal</a>. "EPA should be in control. Congress set it up that way."</p>
<p>In its appeal, Bayer alleged that Chhabria made several errors and that the plaintiff's claims are preempted by federal law. Bayer claims that under the Federal Insecticide, Fungicide, and Rodenticide Act, it actually would have been misbranding to print a cancer-risk warning on a glyphosate-based product, according to <a href="https://iegpolicy.agribusinessintelligence.informa.com/PL222562/Food--Ag-Policy-Briefing-Bayer-strikes-back-water-directive-CAP-support" target="_blank">IEG Policy Agribusiness</a>. </p>
<p>Bayer is facing a mountain of litigation as there were 42,700 others suing the company over Roundup as of October, according to <a href="https://www.bloomberg.com/news/articles/2019-12-21/u-s-epa-supports-bayer-s-appeal-of-roundup-cancer-verdict" target="_blank">Bloomberg</a>. So far, Bayer has lost three U.S. court cases where plaintiffs have claimed that long-term exposure to Roundup had caused their cancer. The company has postponed two trials in the U.S. while it works with a mediator to try to hammer out a settlement with the plaintiffs, as <a href="https://www.bloomberg.com/news/articles/2019-12-21/u-s-epa-supports-bayer-s-appeal-of-roundup-cancer-verdict" target="_blank">Bloomberg</a> reported. </p>
<p>Legal scholars told <a href="https://www.wsj.com/articles/epa-backs-bayer-in-weedkiller-court-fight-11576879555" rel="noopener noreferrer">The Wall Street Journal</a> that the filing by the EPA and the Justice Department will stand out to the appeals court, and the federal government will often add its opinion when a case is based on the interpretation of a federal statute. </p><p>Bayer said in a statement to <a href="https://www.bloomberg.com/news/articles/2019-12-21/u-s-epa-supports-bayer-s-appeal-of-roundup-cancer-verdict" target="_blank">Bloomberg</a> that it's pleased the EPA "expressed its views in this appeal, which are consistent with the preemption arguments we have made throughout this case."</p>
<p>Aimee Wagstaff, the lawyer for Edwin Hardeman, the plaintiff, emailed a statement to <a href="https://www.bloomberg.com/news/articles/2019-12-21/u-s-epa-supports-bayer-s-appeal-of-roundup-cancer-verdict" target="_blank">Bloomberg</a> that said the EPA's filing reflected a desperation move by Bayer that has been rejected by several state and federal judges. "The EPA's brief doesn't change the law," she wrote.</p>
<p>"We are confident the Ninth Circuit will also reject Monsanto's argument and rule in favor of Mr. Hardeman," she added, as <a href="https://www.wsj.com/articles/epa-backs-bayer-in-weedkiller-court-fight-11576879555" target="_blank" rel="noopener noreferrer">The Wall Street Journal</a> reported.</p>
<p>The appeals court judges "may not ultimately agree with the side the government is supporting for other reasons," said Ben Feuer, an appellate lawyer in San Francisco, as <a href="https://www.wsj.com/articles/epa-backs-bayer-in-weedkiller-court-fight-11576879555" rel="noopener noreferrer">The Wall Street Journal</a> reported, but the agency's brief "is going to be closely parsed and they will engage with it."</p>
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On Oct. 1, 2017, GLOBAL 2000 projected the names of all Austrians who signed the European Citizens' Initiative "Stop Gylphosat" on the façade of the Chancellery. GLOBAL 2000 / Christopher Glanzl
Use of glyphosate will be banned in Germany from the end of 2023, after a phased effort to reduce its application by farmers.
<p>The ban, agreed by the Cabinet on Wednesday, is part of an insect conservation program from Environment Minister Svenja Schulze.</p><p>It includes a "systematic reduction strategy," which would initially prohibit use of the chemical in domestic gardens and allotments, and on the edge of farmers' fields.</p><p>Germany's move comes after lawmakers in Austria passed a bill <a href="https://www.dw.com/en/austrian-parliament-votes-to-ban-glyphosate-weedkiller/a-49450418" rel="noopener noreferrer" target="_blank">banning</a> all use of the weedkiller, making the country the first to do so. Some 20 French mayors banned it from their municipalities last month — in defiance of their national government.<br/></p><p><a href="http://www.ecowatch.com/tag/glyphosate" rel="noopener noreferrer">Glyphosate</a> — also the subject of legal claims over an alleged link with cancer — was developed by <a href="http://www.ecowatch.com/tag/monsanto" rel="noopener noreferrer">Monsanto</a> under the brand name Roundup.</p><p>The chemical is now out of patent and is marketed worldwide by dozens of other chemical groups. They include Dow Agrosciences and Germany's BASF.</p><p>Worries about the chemical's safety came to light when a World Health Organization agency report concluded in 2015 that it probably causes cancer.</p>
<iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-579104186509455360" id="twitter-embed-579104186509455360" lazy-loadable="true" src="/res/community/twitter_embed/?iframe_id=twitter-embed-579104186509455360&created_ts=1426904171.0&screen_name=NYTScience&text=W.H.O.+Report+Links+Ingredient+in+Roundup+to+Cancer+http%3A%2F%2Ft.co%2FvWQD131ijE&id=579104186509455360&name=NYT+Science" frameborder="0" data-rm-shortcode-id="SVX1A01576661517"></iframe><p>The German chemical giant Bayer — which acquired Monsanto last year in a mammoth $62.5 billion deal — says studies and regulators have deemed glyphosate and Roundup safe for human use.</p><p>However, some 18,000 people have brought legal action against the firm since the takeover. They claim that the use of glyphosate has caused them to develop various types of cancer. What do EU countries think?</p><p>The chemical has also been linked with a decline in <a href="https://www.ecowatch.com/tag/pollinators" target="_self">pollinating insect</a> species like bees and butterflies.</p><p>Views over glyphosate use in the EU and how to proceed are divided by country, as well as by branch of the bloc.</p><p>In October 2017 the European Parliament approved a nonbinding resolution to ban the chemical's use <a href="https://www.dw.com/en/eu-lawmakers-vote-to-ban-glyphosate-weed-killer-by-2022/a-41093018" target="_blank">by 2022</a>.</p><p>However, the law-making executive branch of the EU, the Commission, voted a few months later to <a href="https://www.dw.com/en/weed-killer-glyphosate-eu-license-extended-for-further-five-years/a-41549110" target="_blank">extend</a> the glyphosate license for another five years, though the vote revealed divisions in the bloc.</p><p>France voted against the 2017 extension, and President Emmanuel Macron has pushed for phasing out glyphosate in the coming years. Austria, Belgium, Croatia, Cyprus, Greece, Italy, Luxembourg and Malta also voted against the extension.</p><p>Germany supported the extension, though roughly one year later the country introduced stricter national <a href="https://www.dw.com/en/germany-sets-new-restrictions-on-glyphosate/a-46172338" target="_blank">regulations</a> for pesticides. The Czech Republic has also announced it will limit its use.</p>
<iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-1169245922963988480" id="twitter-embed-1169245922963988480" lazy-loadable="true" src="/res/community/twitter_embed/?iframe_id=twitter-embed-1169245922963988480&created_ts=1567604926.0&screen_name=OrganicConsumer&text=Way+to+go%2C+Germany%21+%F0%9F%99%8C+The+country+said+it+will+ban+%23glyphosate%2C+the+key+ingredient+in+Monsanto%27s+%23Roundup+weedkille%E2%80%A6+https%3A%2F%2Ft.co%2Fuojwdhy9ar&id=1169245922963988480&name=Organic+Consumers" frameborder="0" data-rm-shortcode-id="TIR74E1576661517"></iframe><p><em>Reposted with permission from our media associate <a href="https://www.dw.com/en/germany-set-to-ban-glyphosate-from-end-of-2023/a-50282891?maca=en-VAM_volltext_ecowatch-28485-html-copypaste" target="_blank">DW</a>.</em></p>
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The compound of German chemicals and pharmaceuticals giant Bayer in Berlin. ODD ANDERSEN / AFP / Getty Images
U.S. District Judge Vince Chhabria announced his ruling in San Francisco on Monday.
<p>Chhabria reduced the amount that Germany's Bayer AG has to pay the claimant to $25.27 million (€22.4 million). Bayer bought <a href="http://www.ecowatch.com/tag/monsanto" target="_self">Roundup</a> maker <a href="http://www.ecowatch.com/tag/monsanto" target="_self">Monsanto</a> for $63 billion last year.</p><p><a href="https://www.dw.com/en/roundup-cancer-case-monsanto-ordered-to-pay-us-man-80-million/a-48089737" target="_blank">Following a four-week trial in March</a> a federal jury awarded $5 million (€4.4 million) in compensatory and $75 million in punitive damages to a man who blamed his <a href="http://www.ecowatch.com/tag/cancer" target="_self">cancer</a> on <a href="http://www.ecowatch.com/tag/glyphosate" target="_self">glyphosate</a>-based weed killer Roundup.</p><p>Edwin Hardeman was diagnosed with non-Hodgkin's lymphoma in 2014.</p>
<h2>Limits on Ratios for Damages<br></h2><p>At a hearing to discuss Bayer's request to overturn the verdict earlier this month, Chhabria said, "It's quite clear that under the Constitution I'm required to reduce the punitive damages award and it's just a question of how much."</p><p>U.S. Supreme Court rulings limit the ratio of punitive to compensatory damages to 9 to 1.</p><p>The judge said he would also take into account the fact that Hardeman was now in full remission and unlikely to suffer as much as he had in the past.</p><p>Bayer says Roundup — and its active ingredient glyphosate — are <a href="https://www.dw.com/en/defending-glyphosate-a-roundup-of-german-agribusiness-sentiments/a-48841453" target="_blank">safe for human use and not carcinogenic</a>. However, in 2015 the World Health Organization's cancer arm reached a different conclusion, classifying glyphosate as "probably carcinogenic to humans."</p>
<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8xOTkzMTYyMy9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYxODM5MzEyOX0.7JK-gpmEtmn_xjZNy2pWdiNSsUBjYBHZeyk7oPMQEpU/img.jpg?width=980" id="f7bc1" class="rm-shortcode" data-rm-shortcode-id="4a0de18acc2c279b3cea121124cdd2e8" data-rm-shortcode-name="rebelmouse-image" />
Roundup products for sale in California.
<h2><br>Litigation Hits Share Price</h2><p>The Leverkusen-based company is facing lawsuits from more than 13,400 plaintiffs in the U.S.</p><p>Earlier this year, Bayer CEO Werner Baumann conceded the <a href="https://www.dw.com/en/us-jury-orders-bayer-to-pay-2-billion-in-roundup-cancer-case/a-48725939" target="_blank">effect the court cases had had on the share price</a>: "We have lost two cases in lower courts. That is why the company is massively affected. You see it in our share price," he said at an academic business event in Cologne in April. "You see it selectively, mainly here in Germany and in France — less so in the USA — in our reputational scores."</p><p>Over the past year, Bayer's share price has dropped dramatically and the company has seen €30 billion (approximately $33.7 billion) wiped off its market value since the first court ruling last August. Its share price has fallen from €96 (approximately $108) in August 2018 to €58.63 (approximately $66) at close of markets in Frankfurt on Monday.</p>
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<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Thanks <a href="https://twitter.com/EcoWatch?ref_src=twsrc%5Etfw">@EcoWatch</a> for reposting my article <a href="https://twitter.com/hashtag/Glyphosate?src=hash&ref_src=twsrc%5Etfw">#Glyphosate</a> Spin Check: Tracking claims about the world's most widely used herbicide <a href="https://t.co/gBz2vnBRs9">https://t.co/gBz2vnBRs9</a> <a href="https://twitter.com/USRightToKnow?ref_src=twsrc%5Etfw">@USRighttoKnow</a></p>— Stacy Malkan (@StacyMalkan) <a href="https://twitter.com/StacyMalkan/status/1123999757502951426?ref_src=twsrc%5Etfw">May 2, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<p><em>Reposted with permission from our media associate <a href="https://www.dw.com/en/bayer-monsanto-damages-reduced-to-2527-million-by-us-judge/a-49602104" rel="noopener noreferrer" target="_blank">DW</a>.</em></p>From Your Site Articles
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Glyphosate — designated a probable carcinogen by the WHO — is the active ingredient of Roundup, a weed killer produced by Monsanto, which merged with Germany's Bayer last year. Mike Mozart / Flickr / CC BY 2.0
By Jessica Corbett
Austria is on track to become the first country in the European Union (EU) to fully ban the world's most commonly used herbicide after the nation's lower house of parliament passed a bill Tuesday that would outlaw all uses of glyphosate, which researchers and global health experts have tied to cancer.
<p><span></span>"The scientific evidence of the plant poison's carcinogenic effect is increasing," the leader of Austria's Social Democrats, Pamela Rendi-Wagner, <a href="https://www.reuters.com/article/us-austria-glyphosate-idUSKCN1TX1JR" target="_blank">said</a> in a statement. "It is our responsibility to ban this poison from our environment."</p>
<p>Glyphosate is a key ingredient in Roundup — a product of Monsanto, a U.S. company that <a href="https://www.commondreams.org/news/2018/06/05/bayer-ditches-monsantos-toxic-name-merger-green-groups-say-theres-no-erasing-its" target="_blank">merged</a> with German pharmaceutical giant Bayer last year. Reuters <a href="https://www.reuters.com/article/us-austria-glyphosate-idUSKCN1TX1JR" target="_blank">noted</a> that "it is now off-patent and marketed worldwide by dozens of other chemical groups including Dow Agrosciences and Germany's BASF."</p><p>In 2015, glyphosate was classified as a "probable carcinogen" by the World Health Organization's International Agency for Research on Cancer. Despite that designation, <a href="https://www.commondreams.org/news/2019/06/26/epa-urged-put-public-health-over-monsanto-profits-banning-cancer-linked-glyphosate" target="_blank">mounting</a> public concerns, and a series of ongoing <a href="https://www.commondreams.org/news/2018/10/23/judge-upholds-landmark-monsanto-verdict-slashes-punitive-damages-211-million" target="_blank">legal battles</a> launched by cancer patients in the U.S., Bayer has maintained that Roundup is safe — and regulators in both the U.S. and EU have continued to permit the widespread use of the weed killer.</p><p>Katharina Rall, a researcher with the Environment and Human Rights Division at Human Rights Watch, welcomed Austrian lawmakers' move as "good news."</p>
<iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-1146345803423866886" id="twitter-embed-1146345803423866886" lazy-loadable="true" src="/res/community/twitter_embed/?iframe_id=twitter-embed-1146345803423866886&created_ts=1562145112.0&screen_name=katha_nina&text=Good+news%3A+Austria+passed+a+bill+on+Tuesday+banning+all+uses+of+the+weedkiller+glyphosate%2C+the+first+time+a+Europea%E2%80%A6+https%3A%2F%2Ft.co%2FOZup8SNUI4&id=1146345803423866886&name=Katharina+Rall" frameborder="0" data-rm-shortcode-id="PK6ZXF1576662534"></iframe><p>Following the lower chamber's vote Tuesday, German broadcaster Deutsche Welle <a href="https://www.dw.com/en/austrian-parliament-votes-to-ban-glyphosate-weedkiller/a-49450418" target="_blank">reported</a> that "unless Austria's upper house chooses to object the glyphosate ban, the bill will be signed into law by the country's president, Alexander Van der Bellen."</p><p>DW pointed out that the ban, if it takes effect, will put Austria at odds with the EU policy on glyphosate.</p><blockquote>This ban would apparently clash with E.U. rules, as, in 2017, the bloc cleared the herbicide for use for the next five years. The E.U. relies on the European Food Safety Authority (EFSA) and the European Chemicals Agency which did not classify glyphosate as carcinogenic. However, reports from earlier this year indicated that some European regulators were copying and pasting from studies conducted by Monsanto itself.<br></blockquote><p>A spokesperson for Bayer told the Wall Street Journal, "We expect the European Commission to review this decision critically, as it may be inconsistent with mandatory legal and procedural requirements and scientific reasoning."</p><p>The bill was also criticized on legal grounds by Austria's right-wing People's Party (OVP), which opposed the ban as "a slap in the face to farmers," as well as the country's sustainability ministry, which is responsible for agriculture and the environment.</p><p>However, Austria's far-right Freedom Party (FPÖ) joined with the liberal Neos party and the Social Democrats Tuesday in passing the bill. Putting that vote into context, Reuters explained that the country "is currently led by a provisional government of civil servants ahead of a parliamentary election expected in September. Political parties are forming shifting alliances to pass laws that appeal to their voters before parliament goes into recess this week until the election."</p><p>Erwin Preiner, a member of the Austrian parliament for the Social Democrats who worked on the ban, <a href="https://www.wsj.com/articles/austrian-herbicide-ban-adds-to-problems-for-roundup-owner-bayer-11562087770?shareToken=st4e8f8622dd704c87a36b32329aa74400" target="_blank">told</a> the Journal, "We want to be a role model for other countries in the E.U. and the world."</p><p>As of 2017, Austria <a href="https://ec.europa.eu/eurostat/statistics-explained/index.php/Organic_farming_statistics" target="_blank">had</a> the highest portion of organic farmland among all EU member states — 23.4 percent, compared with the bloc's average of just 7 percent. Though Austria's action targeting glyphosate may be the boldest yet in Europe, the country is not alone in considering strict regulations of the weed killer.</p><p>"Among Austria's EU partners, France said in 2017 it hoped to ban glyphosate within three years, but President Emmanuel Macron has since said such a move could not be '100 percent,'" <a href="https://news.yahoo.com/austrian-parliament-approves-total-glyphosate-ban-171005391.html;_ylt=AwrC0wxgvBtdzwQAbAPQtDMD;_ylu=X3oDMTEyODAwZXF2BGNvbG8DYmYxBHBvcwMxBHZ0aWQDQjc1MDZfMQRzZWMDc3I-" target="_blank">reported</a> Agence France-Presse. "In May 2018, the French government pledged to ban glyphosate 'for its main uses' by 2021, and 'for all of its uses' within five years. In January 2019, French authorities banned the sale of Roundup Pro 360."</p>
<p> <em>Reposted with permission from our media associate <a href="https://www.commondreams.org/news/2019/07/03/good-news-austria-poised-become-first-eu-nation-fully-ban-cancer-linked-weed-killer" target="_blank">Common Dreams</a>.</em><em></em></p>
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Germany's Chancellor Angela Merkel speaks to the press as she arrives for an European Council Summit at The Europa Building in Brussels, on June 20. ARIS OIKONOMOU / AFP / Getty Images
German Chancellor Angela Merkel told her country's lower house of government that use of the controversial herbicide glyphosate will eventually die out, according to Reuters.
<p>Her new comments update steps she and her coalition government made to limit glyphosate use as a way to phase out its use and to put in new conditions and restrictions for new pesticides and herbicides entering the marketplace. </p>
<p>"Things are developing, and we will eventually come to a point where glyphosate isn't deployed any more," she told lawmakers, as Reuters reported. She added that a gradual end of glyphosate, or RoundUp, should not overburden farmers.</p><p>Bayer AG, the company that owns the herbicide after it acquired seed maker Monsanto, faces lawsuits by more than 13,400 plaintiffs in the U.S. who claim the herbicide caused cancer. A jury award of over $2 billion caused the company's stock to plummet to a seven-year low last month. </p><p>Yet, Bayer sees a bright future for glyphosate, despite Merkel's comments and the wave of litigation. Merkel's comments did little to deter investors. In fact, the same day that Merkel said she saw an end to glyphosate in Germany, Bayer shares jumped when the company shared plans to resolving the multibillion-dollar lawsuits it faces, as <a href="https://www.reuters.com/article/us-bayer-glyphosate-stock/bayer-lifted-by-new-plan-to-tackle-glyphosate-lawsuits-elliott-approval-idUSKCN1TS0WI" target="_blank">Reuters</a> reported. </p><p>Bayer maintains that glyphosate is safe to use and does not cause cancer. So, it appointed a trial lawyer known for no-holds barred tenacity to its advisory board, according to <a href="https://www.bloomberg.com/news/articles/2019-06-27/bayer-s-roundup-legal-adviser-known-as-fighter-not-peacemaker" target="_blank">Bloomberg</a>. </p><p>Last week, it asked a California judge to reverse the $2 billion jury-award, claiming that it was based on "inflammatory, fabricated and irrelevant evidence" from the couples' lawyers, as <a href="https://www.reuters.com/article/us-bayer-glyphosate-lawsuit/bayer-asks-trial-judge-to-reverse-2-billion-roundup-jury-verdict-idUSKCN1TJ1Z8" target="_blank">Reuters</a> reported.</p>
<p><br>"The resulting trial focused not on ascertaining the truth regarding the state of the science, causation, and compliance with legal duties, but instead on vilifying Monsanto in the abstract," Bayer said in motions filed with the court, according to <a href="https://www.reuters.com/article/us-bayer-glyphosate-lawsuit/bayer-asks-trial-judge-to-reverse-2-billion-roundup-jury-verdict-idUSKCN1TJ1Z8" target="_blank">Reuters</a>.</p><p>Bayer's next glyphosate trial will start this summer in St. Louis, the former headquarters of Monsanto. The company will likely be embroiled in lengthy-litigation for years to come. Major shareholders criticized Bayer's position. They accused Bayer of mismanaging the glyphosate issue and disapproved of management, according to <a href="https://www.reuters.com/article/us-bayer-glyphosate-stock/bayer-lifted-by-new-plan-to-tackle-glyphosate-lawsuits-elliott-approval-idUSKCN1TS0WI" target="_blank">Reuters</a>.</p><p>Even though Bayer maintains that scientific-evidence proves glyphosate's safety and efficacy, <a href="https://www.baumhedlundlaw.com/toxic-tort-law/monsanto-roundup-lawsuit/where-is-glyphosate-banned/" target="_blank">governments around the world have started to ban its use</a>. Therefore, Bayer has responded to the demands of the market and said it would invest more than $5.5 billion in researching alternative herbicides.</p><p>"While glyphosate will continue to play an important role in agriculture and in Bayer's portfolio, the company is committed to offering more choices for growers," Bayer said, as <a href="https://www.reuters.com/article/us-bayer-glyphosate-merkel/glyphosate-use-will-eventually-end-merkel-says-idUSKCN1TR1QN" target="_blank">Reuters</a> reported.</p>
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Bayer Investigates Its Shady PR Firm After 'Monsanto File' Scandal in France
15 May 2019
Insights + Opinion
Sean Gallup / Getty Images
By Stacy Malkan
In the latest PR scandal to engulf Bayer, journalists at Le Monde reported May 9 that they obtained a "Monsanto File" created by the public relations firm FleishmanHillard listing a "multitude of information" about 200 journalists, politicians, scientists and others deemed likely to influence the debate on glyphosate in France.
<p>Le Monde <a href="https://www.lemonde.fr/planete/article/2019/05/09/fichier-monsanto-le-monde-porte-plainte_5460196_3244.html" target="_blank">filed a complaint</a> with the Paris prosecutor's office alleging that the document involved illegal collection and processing of personal data, spurring the prosecutor's office to <a href="https://www.wsj.com/articles/bayers-legal-woes-escalate-with-probe-into-monsanto-file-11557772701" target="_blank">open a criminal probe</a>. "This is a very important discovery because it shows there are objective strategies to silence strong voices. I can see they were trying to isolate me," France's former Environment Minister Segolene Royal, who is on the list, <a href="https://www.france24.com/en/20191405-debate-monsanto-glyphosate-weed-killer-trial-farming-cancer" target="_blank">told France 24 TV</a>. Francois Veillerette, an environmentalist named on the list, told France 24 the list included personal details such as addresses, opinions and level of engagement in relation to Monsanto. "This is a major shock in France," he said. "We don't think this is normal."</p><p>Bayer <a href="https://www.dw.com/en/bayer-apologizes-over-secret-list-of-monsanto-critics/a-48702015" target="_blank">apologized</a> and said it <a href="https://www.holmesreport.com/latest/article/bayer-suspends-agency-relationships-pending-monsanto-investigation" target="_blank">suspended its relationship</a> with the firms involved, including FleishmanHillard and Publicis Consultants, pending an investigation. "Our highest priority is to create transparency," <a href="https://www.holmesreport.com/latest/article/bayer-suspends-agency-relationships-pending-monsanto-investigation" target="_blank">Bayer said</a> in response to the "Monsanto File" scandal. "We do not tolerate unethical behavior in our company." However the PR companies Bayer relies upon, including FleishmanHillard and PR firms <a href="https://www.holmesreport.com/latest/article/omnicom-merges-fleishmanhillard-ketchum-porter-novelli-in-four-euro-markets" target="_blank">under the same corporate ownership</a>, have histories of using underhanded tactics to promote and defend their clients — and they have done the same for Bayer.</p>
Stealth Tactics of Bayer’s PR Firms
<p>In 2013, the agrichemical industry tapped FleishmanHillard and Ketchum, both owned by Omnicom, to head up a <a target="_blank" href="https://www.reuters.com/article/us-usa-gmo-labeling/u-s-gmo-food-labeling-drive-has-biotech-industry-biting-back-idUSBRE93O18S20130425">PR offensive to rehabilitate the image</a> of GMOs and pesticides. Monsanto selected <a target="_blank" href="http://www.holmesreport.com/sponsored/article/2013/07/24/monsanto-selects-fleishmanhillard-to-reshape-reputation">FleishmanHillard to "reshape" its reputation</a> "amid fierce opposition to the seed giant's genetically modified products," according to the Holmes Report. FleishmanHillard also became the <a target="_blank" href="http://www.prweek.com/article/1275012/bayer-brings-fleishman-global-issues-account">PR agency of record for Bayer.</a> The Council for Biotechnology Information, a trade group now <a target="_blank" href="https://gmoanswers.com/who-we-are">funded by</a> Bayer (Monsanto), Corteva (DowDuPont), Syngenta and BASF, hired Ketchum to launch a <a href="https://usrtk.org/gmo/gmo-answers-is-a-marketing-and-pr-website-for-gmo-companies/" target="_blank">marketing campaign called GMO Answers</a>.</p><p>Spin tactics employed by these firms included "<a href="https://modernfarmer.com/2014/09/monsanto-courts-mommy-bloggers-social-media-set/" target="_blank">wooing mommy bloggers</a>" and using the voices of supposedly "independent" experts to "<a href="http://www.stltoday.com/business/local/monsanto-other-biotech-companies-launch-website-to-answer-gmo-related/article_3ddb6c9f-7655-58c9-81b5-806e44218ace.html" target="_blank">clear up confusion and mistrust</a>" about GMOs. However, evidence surfaced that the PR firms edited and scripted some of the "independent" experts. For example, documents obtained by U.S. Right to Know show that <a href="https://www.nytimes.com/2015/09/06/us/food-industry-enlisted-academics-in-gmo-lobbying-war-emails-show.html" target="_blank">Ketchum scripted</a> posts for GMO Answers that were signed by a <a href="https://usrtk.org/our-investigations/kevin-folta/" target="_blank">University of Florida professor</a> who claimed to be independent but worked closely with Monsanto. A senior vice president at <a href="https://usrtk.org/wp-content/uploads/2018/10/Pages-from-Van-Eenennaam_Monsanto-editing-IQ2-debate-.pdf" target="_blank">FleishmanHillard edited the speech</a> of a <a href="https://usrtk.org/gmo/alison-van-eenennaam-key-outside-spokesperson-and-lobbyist-for-the-agrichemical-and-gmo-industries/" target="_blank">UC Davis professor</a> and <a href="https://usrtk.org/wp-content/uploads/2018/09/Van-Eenennaam_Monsanto-coaching-IQ2-.pdf" target="_blank">coached her</a> on how to "win over people in the room" at an <a href="https://www.intelligencesquaredus.org/news/media-and-press/in-the-news/monsanto-win" target="_blank">Intelligence Squared debate</a> to convince the public to accept GMOs. Ketchum also coached the professor and <a href="https://usrtk.org/wp-content/uploads/2018/09/Van-Eenennaam-coaching-Olson-radio-show-.pdf" target="_blank">gave her talking points</a> for a radio interview about a scientific study.</p><p>Academics play a key role in agrichemical industry lobbying and PR campaigns, as the <a href="https://www.nytimes.com/2015/09/06/us/food-industry-enlisted-academics-in-gmo-lobbying-war-emails-show.html" target="_blank">New York Times reported in 2015</a>. "Professors/researchers/scientists have a big white hat in this debate and support in their states, from politicians to producers," Bill Mashek, a vice president at Ketchum, <a href="https://www.documentcloud.org/documents/2303691-kevin-folta-uoffloridadocs.html#document/p84/a237719" target="_blank">wrote to the University of Florida professor</a>. "Keep it up!" The industry trade group CBI has spent over $11 million on Ketchum's GMO Answers since 2013, according to tax records.The spin has influenced journalists, according to the PR industry. In 2014, GMO Answers was <a target="_blank" href="https://www.ketchum.com/ro/news/marina-maher-ketchum-wins-two-clios-ketchum-sports-entertainment-wins-one-award">shortlisted for a CLIO advertising award</a> for "Crisis Management & Issue Management." <a href="http://usrtk.org/gmo/gmo-industry-doesnt-want-you-to-see-this-video/" target="_blank">In this video</a>, Ketchum bragged about how it nearly doubled positive media attention of GMOs and "balanced 80% of interactions" on Twitter. Although the Ketchum video claimed GMO Answers would "redefine transparency" with information from experts with "nothing filtered or censored, and no voices silenced," a Monsanto PR plan suggests the company counted on GMO Answers to help spin its products in a positive light. The <a href="https://usrtk.org/wp-content/uploads/2017/08/72-Document-Details-Monsantos-Strategy-Regarding-IARC.pdf" target="_blank">document from 2015</a> listed GMO Answers <a href="https://usrtk.org/gmo/monsanto-relied-on-these-partners-to-attack-top-cancer-scientists/" target="_blank">among the "industry partners"</a> that could help protect Roundup from cancer concerns; in a "resources" section on page 4, the plan listed links to GMO Answers alongside Monsanto documents that could communicate the company message that "Glyphosate is not carcinogenic."</p><p>The <a href="http://usrtk.org/gmo/gmo-industry-doesnt-want-you-to-see-this-video/" target="_blank">Ketchum video</a> was posted to the CLIO website and removed after we called attention to it (<a href="http://usrtk.org/gmo/gmo-industry-doesnt-want-you-to-see-this-video/" target="_blank">but we saved it here</a>). </p>Omnicom’s FleishmanHillard and Ketchum: Histories of Deception
<p>Why any company would put FleishmanHillard or Ketchum in front of efforts to inspire trust is difficult to understand, given their histories of documented deceptions. For example:</p><p>Until 2016, Ketchum was the <a href="https://usrtk.org/russias-pr-firm-runs-the-agrichemical-industrys-big-pr-salvo-on-gmos/" target="_blank">PR firm for Russia and Vladimir Putin</a>. According to <a target="_blank" href="https://www.propublica.org/article/from-russia-with-pr-ketchum-cnbc">documents obtained by ProPublica</a>, Ketchum was caught placing pro-Putin op-eds under the names of "seemingly independent professionals" in various news outlets. In 2015, the <a target="_blank" href="https://www.telesurenglish.net/news/Embattled-Honduran-Govt-Hires-Controversial-US-Based-PR-Firm-20150909-0038.html">embattled Honduran government hired Ketchum</a> to try to rehabilitate its reputation after a multi-million dollar corruption scandal.</p><p><a target="_blank" href="https://www.motherjones.com/environment/2008/04/exclusive-cops-and-former-secret-service-agents-ran-black-ops-green-groups/2/">Documents leaked to Mother Jones</a> indicate that Ketchum worked with a private security firm that "spied on Greenpeace and other environmental organizations from the late 1990s through at least 2000, pilfering documents from trash bins, attempting to plant undercover operatives within groups, casing offices, collecting phone records of activists, and penetrating confidential meetings." FleishmanHillard was also caught using unethical espionage tactics against public health and tobacco control advocates on behalf of the tobacco company R. J. Reynolds, according to a study by Ruth Malone in the <a target="_blank" href="http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1447494/?report=classic">American Journal of Public Health</a>.<em> </em>The PR firm even secretly audiotaped tobacco control meetings and conferences.</p><p>FleishmanHillard was <a target="_blank" href="http://legacy.library.ucsf.edu/action/document/page?tid=whc02f00">the public relations firm for The Tobacco Institute</a>, the cigarette industry's main lobbying organization, for seven years. In a 1996 Washington Post article, Morton Mintz <a target="_blank" href="https://www.washingtonpost.com/archive/lifestyle/magazine/1996/03/24/second-hand-money/be084c1c-d396-4207-b1ad-8467f6eb9fb6/?utm_term=.eb5d5f1e8832">recounted the story</a> of how FleishmanHillard and the Tobacco Institute converted the Healthy Buildings Institute into a front group for the tobacco industry in its effort to spin away public concern about the dangers of second-hand smoke. Ketchum <a href="https://usrtk.org/what-the-agrichemical-and-tobacco-industries-have-in-common-pr-firms-operatives-tactics/" target="_blank">also did work for the tobacco industry</a>.</p><p>Both firms have at times worked on both sides of an issue. FleishmanHillard has been <a target="_blank" href="https://www.bizjournals.com/austin/stories/2002/09/16/daily40.html">hired for anti-smoking campaigns</a>. In 2017, Ketchum launched a <a target="_blank" href="https://www.huffpost.com/entry/pr-firm-attacks-organic-food-then-pitches-itself-to-organic-companies_b_9462308">spin-off firm called Cultivate</a> to cash in on the growing organic food market, even though Ketchum's GMO Answers has disparaged organic food, claiming that consumers pay a "hefty premium" for food that is no better than conventionally-grown food.</p>From Your Site Articles
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