Brigette Honaker  |  January 23, 2020

Category: Canada

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spraying weed killer roundup on weedsCanadian environmental organization Ecojustice says that Health Canada’s Pest Management Regulatory Agency approved widespread glyphosate use based on faulty information about the pesticide’s safety. The organization is now reportedly urging reconsideration of the 2017 Health Canada glyphosate decision green-lighting the controversial chemical.

According to Ecojustice, the Health Canada glyphosate decision — making glyphosate, a common pesticide, widely permissible for use — was based on information the agency cherry-picked. Health Canada allegedly disregarded the World Health Organization’s 2015 determination that glyphosate was a probable human carcinogen, made by the WHO’s International Agency for Research on Cancer. 

Instead, Health Canada’s glyphosate decision was based on information produced by Monsanto, the maker of Roundup, a popular glyphosate-containing pesticide. The studies that Health Canada purportedly relied on were co-written or ghostwritten by Monsanto. According to Ecojustice, Monsanto’s role in the studies calls into question the research’s credibility. 

Ecojustice notes that these issues were brought up in a United States lawsuit claiming that a California resident’s non-Hodgkin lymphoma was caused by exposure to Roundup. According to Ecojustice, this lawsuit sheds light on what is now referred to as the “Monsanto papers.” 

The Monsanto Papers are internal Monsanto documents that allegedly state that the company altered scientific studies to make it seem as if glyphosate was safe. The Monsanto Papers are also alleged to indicate that the company made efforts to make it seem as if it did not have a hand in the studies. Monsanto has tried to fight the California plaintiff’s claims, going so far as to characterize the approach taken by the plaintiff’s lawyer as “misconduct.” 

Now, Ecojustice is requesting that Health Canada reconsider its 2017 decision by creating an independent review panel to judge the safety of glyphosate-based on allegedly unbiased information. 

In addition to challenging the agency’s glyphosate decision, Ecojustice claims that Health Canada’s processes are systemically flawed, suggesting that another pesticide, Thiamethoxam, was approved in Canada without being subjected to consultation about how it would affect pollinators.

According to Ecojustice, Health Canada has not considered the full effects of approved pesticides on either pollinators or humans.

What is Health Canada’s Current Policy Regarding Glyphosate?

Despite cries for the regulator to reconsider, Health Canada has reportedly “doubled down” on their stance that glyphosate is safe to use.

The department’s statement reveals that the regulator launched a “thorough scientific review” of its 2017 decision at the request of advocates. The review reportedly included examining “numerous individual studies and raw scientific data” and “additional cancer and genotoxicity studies.” Based on this evidence, Health Canada has concluded that its “final decision will stand.”

Health Canada reportedly confirmed that their decision relied in part on the Monsanto Papers along with data from federal and provincial authorities, decisions from international regulators, published scientific studies, and information from pesticide manufacturers.

Following the decision, Ecojustice’s Director of Healthy Communities, Elaine MacDonald, responded in a statement criticizing the move: “The only way that Canadians can rest assured that they are protected from the risks of pesticides such as glyphosate is to trust that their government is making decisions based on complete, credible, independent science,” MacDonald said.

“We are very disappointed the Pest Management Regulatory Agency is ignoring the potential impacts glyphosate could have on human health and the environment by relying on tainted science.”

Others have echoed this disappointment and concern. Annie Bérubé, who serves as the Director of Government Relations for advocacy group Équiterre, said that the review process was “compromised” by “manipulated data and flawed analyses.”

Bérubé contrasted the decision with actions taken by France’s government. French regulators are reportedly working to phase glyphosate out of use and “encouraging healthier, more sustainable food production.”

How Have Bayer and Monsanto Responded?

Bayer acquired Monsanto in 2018 and, according to CBS News, Bayer has continued to defend its products and maintain that Roundup and glyphosate are safe. The company reportedly asserted that the health of Canadians and the health of the environment are of the highest priority, an assertion challenged by critics like Ecojustice.

Multiple lawsuits have been filed against Bayer and Monsanto by those who say Roundup exposure caused their cancer. One American lawsuit ended in an $86 million verdict against Bayer, requiring the company to pay the sum to a couple who claim they developed cancer after using the weed killer for decades. A jury originally awarded the couple $2 billion in damages, but a judge reduced the award to $86 million.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The Canadian lawyers who work with Top Class Actions will contact you if you qualify to let you know if an individual Roundup glyphosate cancer lawsuit or Roundup class action lawsuit is best for you. [In general, Roundup lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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