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Lead Trial Counsel Reveals Evidence That Led to Historic Win Against Monsanto

August 10, 2018, a jury ruled in favor of plaintiff Dewayne Johnson1,2,3,4,5 in a truly historic case against Monsanto. Johnson — the first of over 8,000 cases pending against the infamous chemical company which has since been bought by Bayer AG6,7 — claimed Monsanto's Roundup caused his Non-Hodgkin lymphoma.

According to the ruling, Monsanto "acted with malice or oppression" and was responsible for "negligent failure" by not warning consumers about the carcinogenicity of this pernicious weed killer. Monsanto has been ordered to pay $289 million in damages to Johnson.

In The Highwire video above, medical journalist Del Bigtree takes a deep dive into this groundbreaking win, revealing evidence presented to the jury — email correspondence and corporate documents that created a comprehensive narrative of corporate malfeasance and collusion with U.S. regulatory agencies — ultimately leading the jury to give Johnson a quarter of a billion dollars in damages.

Summary of Monsanto's Battle to Squash Evidence of Carcinogenicity

The beginning of the end for Monsanto really began in 2015, when the International Agency for Research on Cancer (IARC), the cancer research arm of the World Health Organization (WHO) and the "gold standard" in carcinogenicity research, reclassified glyphosate as a "probable human carcinogen."8,9

This determination was based on evidence showing the popular weed killer can cause Non-Hodgkin lymphoma and lung cancer in humans, along with "convincing evidence" it can cause cancer in animals. In response, Monsanto launched an all-out attack on IARC and its researchers, and even lobbied to strip IARC of its U.S. funding.

Then, in January 2017, the American Chemistry Council, of which Monsanto is a member, went on to form a front group called Campaign for Accuracy in Public Health Research,10the express purpose of which is to discredit the IARC and seek to reform the IARC Monographs Program, which evaluates and determines the carcinogenicity of chemicals.11 As reported by the Union of Concerned Scientists on July 11, 2018:12

"A rider [was added to] the House version of the HHS [Department of Health and Human Services] appropriations bill that would prevent the National Institutes of Health from lending any financial support to IARC unless it agrees to push for reforms at IARC that have been called for by [industry ally U.S. Rep.] Lamar Smith and the House Science Committee at the bequest of the chemical industry."

Monsanto Fought — and Lost — Proposition 65 Cancer Warning Label

Following the IARC's determination that glyphosate is probably carcinogenic to humans in 2015, California's Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) announced it intended to list glyphosate as a chemical known to cause cancer under Proposition 65, which requires consumer products with potential cancer-causing ingredients to bear warning labels.

Monsanto filed formal comments with OEHHA saying the plan to list glyphosate as a carcinogen should be withdrawn. When OEHHA refused to cave, Monsanto sued OEHHA in January 2016 to stop the glyphosate/cancer classification. OEHHA filed a motion to dismiss the lawsuit and a Fresno, California, superior court judge ruled on their behalf in February 2017.

Alas, Monsanto continued filing legal appeals to block the cancer warning from being implemented. In its latest attempt, Monsanto tried to have a provision of the law removed that allows the OEHHA from taking scientific findings from outside experts — such as the IARC — into consideration.

Mere days after Johnson's verdict, Monsanto lost against California yet again. As reported by Sustainable Pulse:13

"This decision leaves in place lower court decisions upholding a provision of the voter-approved initiative that allows outside expert scientific findings to be considered when adding chemicals to the public list of carcinogens … 'Monsanto doesn't have the right to decide which scientific experts are permitted to inform the public about cancer-causing chemicals.

By refusing to consider this case, the Supreme Court has allowed Proposition 65 to keep working the way voters intended when the initiative was passed in 1986,' said Avinash Kar, senior attorney with the Natural Resources Defense Council."

This is another piece of good news, as this means California will be able to require Roundup and other glyphosate-containing products to bear a cancer warning label, and since companies rarely want to go through the extra work of making different product labels for different states, this likely means all Americans will finally be informed of the fact that Roundup is carcinogenic.

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