Health

Bayer hunts for journalists


When Bayer acquired Monsanto in 2018 for about $63 billion, you have to wonder if the executives knew the extent of the liabilities they had to inherit. The latest incident is a collection of real success lists compiled by Monsanto, containing hundreds of names and other personal information about journalists, politicians and scientists, including opinions. about pesticides and genetic engineering.first

Monsanto’s so-called “stakeholder mapping project”2 First spotted in France, but now it looks like Monsanto has multiple lists to follow people in countries across Europe. Matthias Berninger, Bayer’s head of public affairs and sustainability, told reporters, “It’s safe to say that other countries in Europe have been affected by the list… that all EU member states could be affected.”3

Bayer opens investigation into Monsanto . surveillance project

In May 2019, French prosecutors said they had opened an investigation into Monsanto’s alleged watchlist filled with personal information relating to about 200 people. Bayer stated that it intends to fully assist France in its investigations while conducting one of its own.

The seeds and pesticides giant hired law firm Sidley Austin LLP to investigate, which began notifying people tracked by Monsanto about the matter in late May.4

According to Bayer, “At present, we have no indication that the preparation of the lists under discussion violated any legal requirements.”5 although Berninger also said that “We consider what we have seen so far to be completely inappropriate”.6 On a conference call, he added:7

“There have been a number of cases – as it is often said in football – where not the ball was played but the man or woman being handled. When you collect non-public data about individuals, Rubicon will obviously be surpassed.”

In addition to hiring law firm Sidley Austin to investigate Monsanto’s privacy violations, Bayer said it has ceased communications and public relations activities with public relations agency FleishmanHillard, which is believed to be the agency. involved in the creation of Monsanto’s hit lists – at least for the time being.8 Regarding their role, FleishmanHillard defended their work, saying it was “misrepresented” and adding:9

“Companies, NGOs and other customers really expect our company to help them understand diverse perspectives before they join. To do so, we and every media agency Other professional communications gather relevant information from publicly available sources.

Those planning documents are the foundation for outreach efforts. They help our clients best engage in dialogue relevant to their business and social goals. “

Bayer inherits billions of dollars in damages lawsuit against Monsanto

More than 13,400 cases are pending Bayer, alleging that Monsanto’s Roundup caused their cancer and that the company failed to warn consumers of the cancer risk. In the first three cases to go to trial, jury verdicts overwhelmed the plaintiffs, leaving Bayer with billions of dollars in damages.

In the first trial involving Dewayne Johnson, Monsanto “acted with malice or coercion” and was held liable for a “negligence failure” by failing to warn consumers of its carcinogenic potential. Roundup.ten Johnson, who was terminally ill, claimed Roundup caused his non-Hodgkin lymphoma, and the jury agreed.

Monsanto was ordered to pay $289 million in punitive damages to Johnson, although the award was later reduced to $78 million. Bayer appealed the case, asking the court to overturn the ruling on the grounds that Johnson may not live long enough to experience the pain and suffering they are compensating him for. The appeal states:11

“‘[D]an amelioration for future pain and suffering based on the likely life expectancy of the claimant in their injured state… [C]Compensation for pain and suffering is compensation for actual pain and suffering experienced, and to the extent that premature death puts an end to pain and suffering, compensation should be end ‘]… “

In the second case, a judge ruled in favor of plaintiff Edwin Hardeman, who alleges repeated exposure to Roundup, which he used to kill weeds on his 56-acre property , which gave him cancer. Bayer paid more than $80 million in the case, and shows that Monsanto failed to warn consumers that the product poses a cancer risk.twelfth

Hardeman was awarded $75 million in compensatory damages, $5.6 million in compensatory damages, and $200,000 in medical expenses,13 but Bayer, again, plans to appeal. In the third case, which was heard before the Alameda County Superior Court of California, a couple, Alva and Alberta Pilliod, claim they both developed non-Hodgkin’s lymphoma after using Roundup regularly.

The jury decided in favor of the Pilliods, ordering the chemical giant to pay $2 billion to its victims. Bayer plans to appeal the ruling, and damages may eventually be mitigated, as it is generally considered punitive damages to be no more than 10 times more compensatory damages. However, the 0/3 record for Bayer led experts to suggest that settlement talks could be in order.14

Bayer pushed for settlement: 9/11 and BP Oil Spill Attorney to mediate settlement negotiations

Hardeman’s trial was first heard in U.S. District Court in San Francisco, where more than 960 Roundup cases are currently pending under U.S. District Judge Vince Chhabria.15 Chhabria has now asked attorneys for Bayer and the plaintiffs to meet to negotiate a settlement, appointing attorney Kenneth Feinberg as mediator.16

Feinberg has been involved in dispute resolution in a number of high-value cases, including the victims of 9/11 and the BP Deepwater Horizon disaster. Bayer said it will act in “good faith” and engage in mediation, but it does not plan to negotiate until its appeals have been completed, a process that could take years.

Meanwhile, Chris Loder, Bayer’s vice president of external communications, said in an emailed statement to Bloomberg that the company will “focus on protecting the safety of glyphosate-based herbicides. in court.”17 At the same time, Chhabria has scheduled the next Roundup case in her court for February 2020 and said at least 16 additional cases will be ready to go to trial in California before that time.18

Bayer increases in value as investors turn to operations

Since acquiring Monsanto, Bayer’s value has dropped by about 45%,19 and at Bayer’s annual general meeting in Bonn, Germany, 55.5% of shareholders voted against approving the management’s actions.20

The vote was symbolic in nature and wouldn’t change anything legally, but in 2015, 39% of the vote disapproved against Deutsche Bank AG co-CEO Anshu Jain made him resign.21 However, this is not the result in Bayer’s case.

“The rush to replace the CEO will only increase the risk of dissolution and therefore cannot benefit investors with a long-term orientation…” said Janne Werning, shareholder of Bayer.22 However, decades have passed since a majority of shareholders voted against the management’s actions.

As for what prompted the Monsanto acquisition which could have been disastrous in the first place, The Telegraph’s deputy business editor Ben Marlow said it was partly arrogance and greed:23

“On one side is Bayer’s ambitious new boss Werner Baumann, who looks determined to start his promotion to the top with an almighty bang, unveiling the biggest takeover ever. of Germany, only after 4 working weeks.

Meanwhile, his opposite at Monsanto, Hugh Grant, has $226m (£173m) in stock and severance pay due to the merger. Perhaps that explains why the boards of both companies were willing to ignore the financial and legal risks of this relationship. “

EPA continues to protect the chemical industry

In their latest review of glyphosate, the US Environmental Protection Agency (EPA) published a draft conclusion on April 30, 2019, stating the chemical poses a potential hazard to animals. mammals and birds that eat treated leaves, as well as risks to plants,24 but has “no worrisome risk” to humans and is “not likely to be carcinogenic to humans.”25

Bayer is currently using that to its advantage as a “silver bullet” defense to Roundup. Reuters quoted one of Bayer’s attorneys, William Hoffman, who stated, “We have argued very strongly that the claims here have been preempted … and the recent decision to apply for the EPA was an important aspect of that defense.”

“Preemption is often seen as a ‘silver bullet defense’ because it prevents wide-ranging claims,” ​​said Adam Zimmerman, a law professor at Loyola Law School in Los Angeles.26

In contrast, in March 2015, the International Agency for Research on Cancer (IARC) identified glyphosate as a “probable carcinogen” based on evidence that the common weed killer chemical can cause cancer. non-Hodgkin lymphoma and lung cancer in humans, along with “convincing evidence” it can also cause cancer in animals.

In addition to cancer, a growing body of research suggests that glyphosate, the active ingredient in Roundup, is linked to liver disease, including a more serious form of non-alcoholic fatty liver disease (NAFLD) called hepatitis nonalcoholic steatosis, or NASH.27

Roundup poses the risk of antibiotic resistance

There are also serious environmental concerns surrounding the use of Roundup, which should prompt EPA action. Commonly used herbicides promote antibiotic resistance by priming pathogens to make them more resistant.28

This includes Roundup (Roundup’s actual formulation, not just its active ingredient glyphosate), which has been shown to increase the antibiotic resistance of E. coli and salmonella. Further research published in the journal Microbiology set out to determine which ingredients in commercial herbicide formulations were causing antibiotic resistance, with results suggesting that the ingredients were responsible. active.29

The active ingredients cause changes in antibiotic responses similar to those caused by the complete formulation. This occurs at or below the applied concentrations reported, the researchers note. recommended,” the researchers noted.

How to avoid exposure to Glyphosate as much as possible

Bayer continues to insist glyphosate is safe, continuing Monsanto’s decades-long crusade to get people to believe Roundup is something they should be spraying in their backyards (aside from exposure. glyphosate residues in food).

You don’t have to believe the hype, and although nearly 300 million pounds of glyphosate are used in the US each year,30 You can take steps to reduce your exposure.

In addition to not using chemicals in your home garden, actively seek out and support regenerative, organic farmers who have decided to avoid chemically treated seeds and overspray. Chemicals are essential to stay healthy, nourish the health of the soil, protect the environment and grow nutritious food, all at the same time.





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