1 00:00:00,080 --> 00:00:03,640 Speaker 1: The herbside. Glypha state isn't everything from bread and cookies 2 00:00:03,720 --> 00:00:07,320 Speaker 1: to corn and beer. Glyphas is the active ingredient in 3 00:00:07,400 --> 00:00:11,360 Speaker 1: Monsanto's round Up, the world's top weed killer. Does it 4 00:00:11,520 --> 00:00:15,040 Speaker 1: cause cancer? That's the question that's been asked for decades. 5 00:00:15,400 --> 00:00:18,680 Speaker 1: Monsanto is facing more than three hundred lawsuits by cancer 6 00:00:18,800 --> 00:00:21,880 Speaker 1: victims around the country who claimed to have developed non 7 00:00:21,920 --> 00:00:26,160 Speaker 1: Hodgkins lymphoma as a result of exposure exposure to round Up. 8 00:00:26,760 --> 00:00:29,520 Speaker 1: Environmental lawyer Robert F. Kennedy, Jr. Is one of the 9 00:00:29,560 --> 00:00:34,520 Speaker 1: attorneys representing several California families in the suits against Monsanto. 10 00:00:36,560 --> 00:00:39,520 Speaker 1: It seems, you know, not just strange, but almost senate 11 00:00:39,560 --> 00:00:43,839 Speaker 1: sterre that this company would be trying to see the 12 00:00:44,400 --> 00:00:47,760 Speaker 1: real risk of its product from the people are being bused. 13 00:00:48,800 --> 00:00:51,640 Speaker 1: Our guests are Katherine Sharkey, professor at n y U 14 00:00:51,720 --> 00:00:56,200 Speaker 1: Law School, and Peter Walman, Bloomberg News investigative reporter. Katherine. 15 00:00:56,560 --> 00:01:01,200 Speaker 1: The World Health Organization's International Agency for Search on Cancer 16 00:01:01,400 --> 00:01:06,000 Speaker 1: classified Glypha state as a probable human carcinogen this month, 17 00:01:06,120 --> 00:01:08,880 Speaker 1: California became the first state to list it as a 18 00:01:08,959 --> 00:01:12,640 Speaker 1: known carcinogen. The e PAS conclusion has been that it's 19 00:01:12,720 --> 00:01:19,200 Speaker 1: unlikely to cause cancer. Where is the weight of the evidence? Uh, 20 00:01:19,240 --> 00:01:21,880 Speaker 1: So that's a great question. It will be contested in 21 00:01:21,959 --> 00:01:25,959 Speaker 1: these rash of lawsuits. UM. I can say that there 22 00:01:25,959 --> 00:01:30,080 Speaker 1: are interesting issues with respect to the role of states 23 00:01:30,120 --> 00:01:35,080 Speaker 1: regulating things like pesticides in ways that might challenge federal oversight. 24 00:01:35,240 --> 00:01:37,320 Speaker 1: So it's happening in this case, it's happened in other 25 00:01:37,360 --> 00:01:44,120 Speaker 1: cases regarding pharmaceutical drugs, food labeling, etcetera. So UM, the 26 00:01:44,240 --> 00:01:49,280 Speaker 1: court will be deciding UM interestingly looking at findings from 27 00:01:49,280 --> 00:01:53,120 Speaker 1: both the International Agency for Research, but also looking at 28 00:01:53,120 --> 00:01:56,160 Speaker 1: the a p e p a s findings and and 29 00:01:56,400 --> 00:02:00,480 Speaker 1: ongoing work where they might revisit their findings. Eater. In 30 00:02:00,520 --> 00:02:04,120 Speaker 1: your very thorough story in Bloomberg Business Week, you talk 31 00:02:04,280 --> 00:02:08,639 Speaker 1: about a panel of outside scientists that e p A 32 00:02:08,800 --> 00:02:11,800 Speaker 1: convened to take a look at this issue. Tell us 33 00:02:11,840 --> 00:02:15,280 Speaker 1: about that and what has happened to the findings of 34 00:02:15,320 --> 00:02:19,480 Speaker 1: that panel. So that was a panel convened in December 35 00:02:19,919 --> 00:02:23,520 Speaker 1: UM and it looked at a an issue paper that 36 00:02:24,000 --> 00:02:28,360 Speaker 1: e p A Pesticide Office developed on the question of 37 00:02:28,400 --> 00:02:32,960 Speaker 1: carcinogenicity of glypha sate. Glyphosate, of course, is the active 38 00:02:33,080 --> 00:02:37,320 Speaker 1: ingredient in Roundup, which is Lonsanto's product that really owns 39 00:02:37,520 --> 00:02:43,360 Speaker 1: the herbicide industry all over the world. It's a very 40 00:02:43,440 --> 00:02:47,520 Speaker 1: highly selling product used by many many farmers. The peer 41 00:02:47,520 --> 00:02:50,680 Speaker 1: reviewers who gathered in December cast a lot of questions 42 00:02:50,720 --> 00:02:53,960 Speaker 1: about the e p A view of Glypha sade as 43 00:02:54,040 --> 00:02:58,840 Speaker 1: being relatively benign. As you mentioned, they view it as 44 00:02:58,880 --> 00:03:04,480 Speaker 1: an unlikely carcinogen. Well, a majority of these peer reviewers 45 00:03:04,720 --> 00:03:08,560 Speaker 1: from universities around the country said there was lots of 46 00:03:08,600 --> 00:03:11,679 Speaker 1: evidence that the e p A sort of glossed over 47 00:03:11,720 --> 00:03:15,640 Speaker 1: and smissed and raised a tremendous number of questions, especially 48 00:03:16,120 --> 00:03:19,799 Speaker 1: for an really a kind of a proform a peer review, 49 00:03:20,240 --> 00:03:23,200 Speaker 1: about the e p a's view how that will figure 50 00:03:23,200 --> 00:03:27,200 Speaker 1: in the e p A final analysis. Uh, Administrator Pruett, 51 00:03:27,280 --> 00:03:31,239 Speaker 1: who is the trump ep A boss. Nobody can know, 52 00:03:31,360 --> 00:03:37,360 Speaker 1: but UH, they have put those scientific questions in the record. Catherine, 53 00:03:37,760 --> 00:03:40,920 Speaker 1: the San Francisco federal judge who's presiding over the multi 54 00:03:40,960 --> 00:03:48,400 Speaker 1: district litigation unsealed documents that raised questions about the safety 55 00:03:48,400 --> 00:03:53,560 Speaker 1: and research practices of Monsanto, raised questions about possible collusion. 56 00:03:54,200 --> 00:04:00,400 Speaker 1: Tell us about what some of those documents talk about, right, Well, UM. 57 00:04:00,440 --> 00:04:02,040 Speaker 1: Just to back up just for a second, I think 58 00:04:02,080 --> 00:04:04,680 Speaker 1: one thing that was just said that's really important is UM, 59 00:04:04,720 --> 00:04:09,000 Speaker 1: what kind of administrative record there is that UM then 60 00:04:09,040 --> 00:04:12,320 Speaker 1: litigants can bring into various disputes. They will bring these 61 00:04:12,600 --> 00:04:15,720 Speaker 1: into disputes like the one that's ongoing on causation. They 62 00:04:15,720 --> 00:04:18,760 Speaker 1: will also bring them in I would think whether there 63 00:04:18,760 --> 00:04:21,520 Speaker 1: if there are future disputes down the road about whether 64 00:04:21,560 --> 00:04:24,600 Speaker 1: the State of California could go ahead and regulate even 65 00:04:24,600 --> 00:04:27,320 Speaker 1: if the e PA decides it doesn't want to write, 66 00:04:27,320 --> 00:04:30,920 Speaker 1: these will be important UM for those purposes as well. 67 00:04:31,000 --> 00:04:35,160 Speaker 1: So my take on the judge in this multi district 68 00:04:35,240 --> 00:04:38,919 Speaker 1: litigation is he's shown a kind of skepticism already about 69 00:04:39,360 --> 00:04:43,560 Speaker 1: various of these agency findings by deciding to put these 70 00:04:43,680 --> 00:04:48,839 Speaker 1: up UM, to unseal them, to put them up to scrutiny. Peter. 71 00:04:49,040 --> 00:04:51,520 Speaker 1: One thing that your article talks about that I found 72 00:04:51,600 --> 00:04:53,960 Speaker 1: very striking with that this office, the Office of Pesticide 73 00:04:54,000 --> 00:04:56,520 Speaker 1: Programs at the e p A that makes the decision 74 00:04:56,600 --> 00:05:01,880 Speaker 1: on on UH this pesticide gets almost its operating budget 75 00:05:01,960 --> 00:05:05,239 Speaker 1: from industry. Can you tell us a little bit about 76 00:05:05,240 --> 00:05:09,560 Speaker 1: specifically with regard to mont Santo, what is Monsanto's relationship 77 00:05:10,360 --> 00:05:14,920 Speaker 1: with this office, well, that was brought under scrutiny by 78 00:05:14,960 --> 00:05:19,039 Speaker 1: the documents revealed or i should say unsealed in the 79 00:05:19,200 --> 00:05:23,320 Speaker 1: California UM federal court matter in San Francisco, where the 80 00:05:23,400 --> 00:05:28,320 Speaker 1: judge unsealed documents that showed Monsanto had quite a good 81 00:05:28,360 --> 00:05:32,680 Speaker 1: relationship with the person reviewing the Carsoner genicity in two 82 00:05:32,760 --> 00:05:37,320 Speaker 1: thousand and fifteen. There was very friendly banter and some emails. 83 00:05:37,360 --> 00:05:40,800 Speaker 1: At one point the e p A person whose name 84 00:05:40,839 --> 00:05:44,840 Speaker 1: is Jess Rowland said he should get a medal if 85 00:05:44,880 --> 00:05:49,400 Speaker 1: he's able to kill another study that a different federal 86 00:05:49,440 --> 00:05:53,880 Speaker 1: agency under the c d C in Atlanta was going 87 00:05:53,960 --> 00:05:57,600 Speaker 1: to undertake UM. So they had a very close relationship. 88 00:05:57,920 --> 00:06:02,320 Speaker 1: As far as Monsanto's related ship with UM, the Office 89 00:06:02,320 --> 00:06:05,919 Speaker 1: of Peticide Programs in e p A, it isn't that 90 00:06:06,080 --> 00:06:11,280 Speaker 1: different than any other pesticide manufacturer. The fact is they 91 00:06:11,320 --> 00:06:15,040 Speaker 1: follow the law and perhaps under their own influence, they 92 00:06:15,040 --> 00:06:17,440 Speaker 1: were able to influence Congress when they set these laws 93 00:06:17,520 --> 00:06:22,000 Speaker 1: up to basically rely on the industry to provide all 94 00:06:22,080 --> 00:06:25,839 Speaker 1: of the data in the various health effects reviews that 95 00:06:25,920 --> 00:06:29,680 Speaker 1: the EPA does. So Monsanto in the case of glyph 96 00:06:29,800 --> 00:06:34,359 Speaker 1: estate is the one paying the scientists deciding what to 97 00:06:34,480 --> 00:06:37,560 Speaker 1: submit to the e p A for review, and has 98 00:06:37,560 --> 00:06:41,080 Speaker 1: a tremendous influence over the process in that way. And 99 00:06:41,120 --> 00:06:43,719 Speaker 1: a number of the documents that came out in the 100 00:06:43,760 --> 00:06:49,000 Speaker 1: federal court matter have shown that they're very let's say, 101 00:06:49,360 --> 00:06:52,080 Speaker 1: they use a lot of discretion as to what scientists 102 00:06:52,080 --> 00:06:55,159 Speaker 1: they use, who they pay for the information, what what 103 00:06:55,279 --> 00:06:58,080 Speaker 1: they publish, what they give to the e p A. 104 00:06:58,279 --> 00:07:02,719 Speaker 1: And you can imagine their millions, really billions of dollars 105 00:07:02,800 --> 00:07:06,279 Speaker 1: writing on that scientific review. So they're very careful about 106 00:07:06,279 --> 00:07:09,640 Speaker 1: what the e p A. S s Catherine in about 107 00:07:09,680 --> 00:07:14,000 Speaker 1: a minute. The question in the federal cases, according to 108 00:07:14,040 --> 00:07:17,880 Speaker 1: the judge, is not going to be about glypha state, 109 00:07:18,040 --> 00:07:21,960 Speaker 1: but rather about round up, and so tell us what 110 00:07:22,240 --> 00:07:26,840 Speaker 1: the distinction is there. Well, as I understand it, it's um. 111 00:07:26,880 --> 00:07:32,440 Speaker 1: The roundup has various additives and other um chemicals that 112 00:07:32,480 --> 00:07:34,800 Speaker 1: are added in as well. And so I think that 113 00:07:34,880 --> 00:07:37,680 Speaker 1: the judges suggesting that they're going to be looking specifically 114 00:07:38,200 --> 00:07:40,840 Speaker 1: at data and studies that are going to be looking 115 00:07:40,840 --> 00:07:44,720 Speaker 1: at the effect of roundup and not just glypha state. 116 00:07:44,840 --> 00:07:48,240 Speaker 1: Although it's hard to believe that the findings that are 117 00:07:48,240 --> 00:07:52,760 Speaker 1: of relevance to whether glypha state has carcinergic that carcinogenic 118 00:07:53,040 --> 00:07:56,360 Speaker 1: um consequences would not be relevant. Just one one quick 119 00:07:56,400 --> 00:07:59,160 Speaker 1: note because I'm just to emphasize this point. Not only 120 00:07:59,200 --> 00:08:01,120 Speaker 1: the e p A at the f d A when 121 00:08:01,120 --> 00:08:05,600 Speaker 1: it's approving drugs, it also relies on manufacturer studies, etcetera. 122 00:08:05,800 --> 00:08:07,920 Speaker 1: And one of the things to keep in mind is 123 00:08:07,960 --> 00:08:10,680 Speaker 1: that what the court will have to do here when 124 00:08:10,680 --> 00:08:14,000 Speaker 1: it's dealing with an area that's regulated by federal regulators 125 00:08:14,080 --> 00:08:17,520 Speaker 1: is decide how much scrutiny you know to uncover Captain. 126 00:08:17,560 --> 00:08:20,120 Speaker 1: We will have to leave it there. This topic deserves 127 00:08:20,280 --> 00:08:22,240 Speaker 1: a lot of time, and we'll give it some more 128 00:08:22,320 --> 00:08:24,840 Speaker 1: in the future. That's Katherine shark Kee, Professor n y 129 00:08:24,920 --> 00:08:28,520 Speaker 1: U Law and Peter Waldman, Bloomberg News investigative reporter,