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John Tomlinsonjohn.tomlinson@beasleyallen.com

Roundup Litigation Update

WHAT IS ROUNDUP

• The active ingredient in Roundup is a chemical called glyphosate.

• Roundup is a broad spectrum, non-selective herbicide used primarily for weed control.

• It was created by Monsanto in 1970 and released for commercial use in 1974. Monsanto’s last Roundup patent expired in 2000, and now generic glyphosate is also available.

• Roundup is one of the most widely used herbicides in the United States.

• While it is widely used as a lawn and garden weed killer, the primary use is agriculture.

CAN ROUNDUP CAUSE CANCER?

Three Pillars of Cancer Science

1. Animal Carcinogenicity Studies

2. Mechanistic Data3. Epidemiology

CAN ROUNDUP CAUSE CANCER?

1. Animal Carcinogenicity Studies

George Study (2010)• Applied to skin 3x week• 40% of mice exposed to

glyphosate had tumors in skin

• 0% of control group had tumors in skin

Glyphosate is a tumor PROMOTER!!

CAN ROUNDUP CAUSE CANCER?

1. Animal Carcinogenicity Studies

Knezevich & Hogan (1983)

Atkinson (1993) Sugimoto (1997) Wood (2009) Kumar (2001)

Kidney carcinomas or adenomas

Malignant lymphoma Kidney carcinomas or adenomas

Malignant lymphoma Kidney carcinomas or adenomas

Spleen composite lymphosarcoma

Hemangiosarcoma Malignant lymphoma Multiple malignant tumors or neoplasms

Malignant lymphoma

Hemangiosarcoma Lung adenocarcinoma Hemangioma

Hemangioma

Multiple malignant tumors or neoplasms

Harderian gland adenoma

Mice Studies Tumor Chart

CAN ROUNDUP CAUSE CANCER?

1. Animal Carcinogenicity Studies

Rat Studies Tumor ChartLankas (1981)

Stout & Ruecker(1990)

Atkinson (1993)

Enemoto(1997)

Suresh (1996) Brammer (2001)

Wood (2009)

Testicular interstitial cell tumors

Thyroid C-Cell carcinomas or adenomas

Thyroid follicular carcinomas or adenomas

Kidney carcinomas or adenomas

Hepatocellular carcinomas or adenomas

Skin kera-toacanthoma

Thyroid C-Cell carcinomas or adenomas

Pancreatic islet cell tumors

Skin kera-toacanthoma

Skin kera-toacanthoma

Mammory gland carcinomas or adenomas

Pancreatic islet cell tumors

Hepatocellular carcinomas or adenomas

Basal cell tumors Pituitary adenomas

Adrenal cortical carcinomas

Skin kera-toacanthoma

CAN ROUNDUP CAUSE CANCER?

2. Mechanistic Data

Genotoxicity:The property of chemical agents that damage the genetic information within a cell that can cause mutations.

Oxidative Stress:An imbalance between the production of free oxygen particles and the ability of the body to counteract their harmful effects with antioxidants.

CAN ROUNDUP CAUSE CANCER?

2. Mechanistic Data

In the 1990’s there were numerous published genotoxicity studies including Rank, Bolognesi, Lioi & Peluso.

CAN ROUNDUP CAUSE CANCER?

2. Mechanistic Data

January 1992 – The Rank study

Shows that Roundup exposure, as opposed to glyphosate alone, causes elevated increases in DNA damage.

CAN ROUNDUP CAUSE CANCER?

2. Mechanistic Data

March 1997– The Bolognesi study

Shows that the Roundup formulation causes genetic damage in human cells.

CAN ROUNDUP CAUSE CANCER?

2. Mechanistic Data

July 1998– The Lioi study

Shows that glyphosate induces cell stress in animal cells.

CAN ROUNDUP CAUSE CANCER?

2. Mechanistic Data

December 1998– The Peluso study

Shows that Roundup exposure induces “dose dependent” DNA changes in mice.

CAN ROUNDUP CAUSE CANCER?

2. Mechanistic Data

Monsanto’s response to the 1990’s studies was to hire an expert to refute these studies. So, they chose Dr. James Parry, a toxicologist from Swansea University and President of the European Environmental Mutagen Society.

CAN ROUNDUP CAUSE CANCER?

February 1999 – Dr. Parry submits his first internal report, concluding glyphosate isgenotoxic.

CAN ROUNDUP CAUSE CANCER?

April 1999– Monsanto Reacts: They give Dr. Parry more data with the hope of turning him around.

February 1999 – Dr. Parry submits his first internal report, concluding glyphosate is genotoxic.

CAN ROUNDUP CAUSE CANCER?

April 1999– Monsanto Reacts: They give Dr. Parry more data with the hope of turning him around.

February 1999 – Dr. Parry submits his first internal report, concluding glyphosate is genotoxic.

August 1999– Dr. Parry submits his second comprehensive report. He concludes that glyphosate is clastogenic. He also suggested that Monsanto do follow up studies.

CAN ROUNDUP CAUSE CANCER?

April 1999– Monsanto Reacts: They give Dr. Parry more data with the hope of turning him around.

February 1999 – Dr. Parry submits his first internal report, concluding glyphosate is genotoxic.

August 1999– Dr. Parry submits his second comprehensive report. He concludes that glyphosate is clastogenic.

September 1999– Monsanto Reacts: “We simply are NOT going to do the studies Parry suggests”

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

March 1999– Hardell study

Shows 230% increased risk of NHL for glyphosate formulation.

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

November 2001– The McDuffie study

Shows 212% increased risk of NHL when using Roundup more than 2 days a year.

Monsanto’s only reaction was a celebration that glyphosate is not mentioned in the abstract!

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

May 2002– Another Hardell study

Shows 306% increased risk of NHL for Roundup use.

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

July 2008– Eriksson study

Shows 202% increased risk of NHL for Roundup. Also shows 236% increased risk of NHL when used for more than 10 days a year.

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

April 2014– Epidemiology -Schinasi & Leon

Roundup increases overall NHL risk by 150%.

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

October 2016 - Monsanto sponsored Chang & Delzell Study*

Metanalysis shows a 130% increased risk of NHL from Roundup use.

* Systematic Review and Meta-Analysis of Glyphosate Exposure and Risk of Lymphohematopoietic Cancers

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

The Agricultural Health Study:• Deeply flawed study

1. Many pesticides being studied2. Exposure classification3. Imputation defects4. AHS failed to detect other know

carcinogens

CAN ROUNDUP CAUSE CANCER?

3. Epidemiology

November 2017– Epidemiology

Latest version of the AHS is published using unreliable imputed data. Shows no overall NHL risk.

AGENCY CONCLUSIONS

AGENCY CONCLUSIONS

• Leading world experts on cancer• 17 scientists from the EPA, California

EPA, and worldwide• Over 6 months reviewing all peer-

reviewed science on glyphosate• Held a week-long meeting• Unanimous vote

AGENCY CONCLUSIONS

• In March 2015, the World Health Organization’s International Agency for Research on Cancer classified glyphosate as a “probable human carcinogen” based on epidemiological studies, animal studies, and in vitro studies.

• The IARC found that glyphosate is linked to the development of Non-Hodgkin Lymphoma.

AGENCY CONCLUSIONS

AGENCY CONCLUSIONS

• The EPA does not test anything• Vulnerable to political shifts• EPA’s “Scientific Advisory Panel” split• EPA’s Office of Research and

Development disagrees

MONSANTO’S CONDUCT

MONSANTO’S CONDUCT

April 2000Dr. Heydens ghostwrites Williams’ paper.

MONSANTO’S CONDUCT

April 2000– Dr. Heydens ghostwrites Williams’ paper.

April 2010Monsanto says the Williams paper has “served us well over the last decade.”

MONSANTO HAS MEDDLED IN STUDIES OF ROUNDUP’S

TOXICITY• Internal Monsanto emails and papers, released by lawyers suing

Monsanto in federal court, reveal that Monsanto worked with outside consulting firms to publish studies refuting Roundup’s toxicity.

• Monsanto scientists were shown to have been heavily involved in organizing, reviewing, and editing studies designed to refute the 2015 IARC toxicity designation.

PREVIOUS ROUNDUP TRIALS

• Johnson Trial – August 2018 - $289 million verdict (reduced to $78 million) – first trial –state court trial

• Hardeman Trial – March 2019 - $80 million verdict (reduced to $25.2 million) – first federal trial

• Pilliod Trial - May 2019 - $2.055 billion verdict (reduced to $86.7 million) – first CA JCCP trial

ROUNDUP CASES FILED• Most recent numbers show:

• At least 10, 462 cases filed in state courts• 3,600+ filed in the MDL in California• Approximately 529 in the JCCP

• Currently it is estimated that there are more than 19,000 lawsuits pending nationwide against Monsanto

Upcoming Monsanto Trial Dates

• 10/15/2019 – St Louis City Court –Lead plaintiff Winston (15 plaintiffs)

• 1/15/2020 – Lake County Superior Court, Lakeport, CA Plaintiff Bellah(not part of the JCCP)

• 2/10/2020 – USDC Northern California – Plaintiff Stevick

• 3/10/2020 – St Louis City Court –Lead plaintiff Kane (6 total Plaintiffs)

Upcoming Monsanto Trial Dates

Our first state court trials have been set in Alabama:

• March 2020 – Dallas County – Plaintiff Moore

• October 2020 – Montgomery County –Plaintiff Mowry

CASE REVIEW ELEMENTS

• Diagnosis - Need diagnosis of Non-Hodgkin Lymphoma (NHL)

• Exposure Levels -Strongest cases are agricultural workers who have large-scale industrial exposure to Roundup. We generally look for approximately 30 lifetime exposure hours.

• Client age at diagnosis - The younger the age at diagnosis, the stronger the case, as NHL is naturally more prevalent among senior citizens.

• Type of Formulation -Use of the Roundup concentrate likely a stronger case.

• Statute of Limitations - In some states, the SOL will begin to run at the time of diagnosis (Alabama). In other states, the discovery rule will toll the statute until the Plaintiff learns that their NHL diagnosis may have resulted from exposure to Roundup.

• Do not take cases where the plaintiff has: Prior autoimmune diagnosis, Prior cancer diagnosis or prior chemotherapy treatment.

John Tomlinsonjohn.tomlinson@beasleyallen.com800.898.2034

Roundup Litigation Update