Baum Hedlund Aristei & Goldman changed its name to Wisner Baum in January 2023.

Page Seven

Monsanto Papers | Secret Documents | Page Seven

Issue: Surfactants, Carcinogenicity & Testing…continued

57. Monsanto Internal Email: Technical Expert Denied Glyphosate Registration Due to ‘Formaldehyde in Our Glyphosate’
No: MONGLY01051709
Date: 9/30/2013- 10/22/2013
Documents Released: 8/1/2017

Description
This document contains email correspondence between various Monsanto personnel regarding glyphosate registration and the presence of formaldehyde: “…our renewal has been rejected by technical expert due to the content of formaldehyde in our glyphosate.” at *5.

Relevance
This document is relevant and reasonably likely to be used in this litigation given that it pertains to a central general causation issue—the denial of glyphosate registration by a regulatory agency due to the presence of a carcinogenic chemical in glyphosate (formaldehyde). This is also relevant to biological plausibility issues.

58. Monsanto Executive Steven Adams on NNG Issue: “Don’t Want to Draw Attention to the Toxicity of Our Product”
No: MONGLY03549275 – MONGLY03549280
Date: 5/8/2014
Documents Released: 3/15/2017

Description
This document contains email correspondence between Stephen Adams, Dan Jenkins and others discussing the NNG issue. Stephen Adams: “I wouldn’t push the NNG issue too hard don’t want to draw attention to the toxicity of our product.

59. Emails Show Uptick in NNG Testing at Monsanto
No: MONGLY03771170
Date: 5/15/2014
Documents Released: 3/15/2017

Description
This document contains email correspondence between a number of Monsanto employees discussing the uptick in NNG testing. Alison MacInnes (Monsanto Research Scientist): “We are completing so much work around NNG that there is a real backlog in the number of samples we can run through the analytical system.”

60. Email from Monsanto Toxicologist Michael Koch Discussing Tier 2 Studies
No: MONGLY02111857
Date: 9/10/2014
Documents Released: 3/15/2017

Description
This document contains an email from Michael Koch (Monsanto Toxicologist) discussing multiple Tier 2 studies and a 1-year Dog Waiver Draft for Canada. The study and the draft are redacted but Koch’s comments that precede both can be viewed. His comments reference “Kimberly” – Kimberly Hodge-Bell is a known participant and orchestrator in drafting waiver requests to regulatory agencies.

61. Monsanto Executive Expresses Long-Held Concerns Over IARC Testing Glyphosate
No: MONGLY01208470
Date: 9/18/2014
Documents Released: 8/1/2017

Description
This document contains an email from Dr. Donna Farmer to Dr. John Acquavella. Dr. Farmer notes: “Just wanted to let you that what we have long been concerned about has happened. Glyphosate is on for an IARC review in March of 2015.” at *1.

Relevance
This document is relevant and reasonably likely to be used in this litigation as it demonstrates Monsanto’s long-term concerns about glyphosate being tested by an independent research agency which rendered a general causation conclusion regarding the potential for glyphosate to cause cancer. That Monsanto knew IARC could come to its scientific conclusion, lends support to the appropriateness of that opinion. It also suggests reliability, an element under Daubert. This is also relevant to Dr. Farmer’s credibility, who is one of Monsanto’s primary expert witnesses at the company.

62. Months Before IARC Report, Monsanto Executive Admits Company Faces Issues in Epidemiology, Exposure, Genotoxicity and Mode of Action
No: MONGLY00989918
Date: 10/15/2014
Documents Released: 8/1/2017

Description
This document is an email from Dr. William Heydens to Richard Garnett regarding the “IARC evaluation of Glyphosate” wherein Dr. Heydens concedes that “while we have vulnerability in the area of epidemiology, we also have potential vulnerabilities in the other areas that IARC will consider, namely, exposure, genetox, and mode of action…” at *1.

Relevance
This document is relevant and reasonably likely to be used in this litigation as it contains an admission from 2014 (more than six months before IARC classified glyphosate) by a leading Monsanto toxicologist that glyphosate faces issues in the areas of epidemiology, exposure, genotoxicity, and mode of action in the general causation evaluation by IARC, which indeed found that it is probable for glyphosate to act as a human carcinogen based upon the areas identified by Dr. Heydens. It suggests reliability of IARC’s assessment, which goes to the heart of general causation. This is also relevant to Dr. Heyden’s credibility, who is one of Monsanto’s primary expert witnesses at the company.

63. Monsanto Consultant Acknowledges Relevance of Other Roundup Ingredients in Judging Plausibility of Glyphosate Carcinogenicity
No: ACQUAVELLAPROD00008909
Date: 1/23/2015
Documents Released: 8/1/2017

Description
This document contains email correspondence between Drs. Donna Farmer and John Acquavella, wherein Dr. Acquavella discusses the response from DeRoos, who carried out an epidemiological study on glyphosate, to Monsanto’s comments regarding the dose thresholds cited by Monsanto as relevant for carcinogenicity. Dr. Acquavella reflects with respect to DeRoos’ comments: “the issue of the human findings representing relevant routes of exposure (whatever that means) and being interpretable in and of themselves. Perhaps Tom should be prepared regarding the other ingredients in Roundup formulations being relevant for judging glyphosate.” at *1.

Relevance
This document is relevant and reasonably likely to be used in this litigation as Monsanto’s former employee and consultant recognizes the potential relevance of other ingredients in Roundup formulations in assessing the biological plausibility of glyphosate as a carcinogen. It also lends support to the DeRoos study, which is relied upon by experts on both sides. The document is also relevant to credibility of Monsanto’s primary witness, Acquavella.

64. Monsanto Internal Email: Company Executive Admits to Low Level of Formaldehyde in Roundup
No: MONGLY00990361
Date: 3/13/2015 – 3/17/2015
Documents Released: 8/1/2017

Description
This document contains an email from Dr. William Heydens to Mr. Josh Monken (Monsanto) wherein Dr. Heydens admits to the “Low level presence of formaldehyde” (carcinogen by inhalation) in Roundup; and “Low level presence of NNG (N-nitroso-glyphosate) in Roundup – many N-Nitroso compounds are carcinogenic.”

Relevance
This document is relevant and reasonably likely to be used in this litigation as a Monsanto toxicologist contradicts Monsanto’s claim that it is not biologically plausible for glyphosate nor the Roundup formulation to be carcinogenic. This document suggests the opposite. It is also relevant to credibility of Dr. Heydens.

65. Internal Email from Donna Farmer: Monsanto Would Rather Keep Roundup NNG Levels Below 1ppm Rather Than Engage in Scientific Debate Around Biological Activity
No: MONGLY01185582
Date: 7/31/2015
Documents Released: 3/15/2017

Description
This document contains email correspondence between John Acquavella and Donna Farmer. Donna Farmer concedes that NNG is “an impurity that arises via reaction of glyphosate with nitrosating agents during or after manufacture.” Farmer adds that Monsanto’s stance on NNG: “…as a general policy standard, regulators globally have accepted that nitrosamine impurities are unavoidable in some amine- based pesticides, and that they do not require special testing or risk assessment if the levels are at 1ppm or lower. Monsanto therefore prefers to carefully control against NNG formation rather than to engage in scientific debate around its biological activity.”

66. Email Detailing Monsanto Suspicions That Formulated Roundup Can Lead to Tumor Production
No: MONGLY01183933
Date: 8/6/2015 – 8/7/2015
Documents Released: 8/1/2017

Description
This document contains email correspondence between various Monsanto personnel regarding the Roundup formulation and the respective effects of glyphosate and surfactants, wherein Dr. William Heydens states that “surfactant in the formulation will come up in the tumor promotion skin study because we think it played a role there.” At *3.

Relevance
The document is relevant and reasonably likely to be used in this litigation as it once again demonstrates suspicions by Monsanto that it is biologically plausible for the formulated product to promote tumors. This is also relevant to Dr. Heyden’s credibility, who is one of Monsanto’s primary expert witnesses at the company.

67. Monsanto Consultant: ‘You Can’t Say That There is no Evidence’ of Roundup Carcinogenicity
No: MONGLY00978170
Date: 9/16/2015 – 11/2/2015
Documents Released: 8/1/2017

Description:
This document contains email correspondence between Ashley Roberts (Intertek), Dr. Tom Sorahan (Monsanto consultant), and Dr. John Acquavella (former Monsanto employee and consultant). Dr. Sorahan reckons it is not accurate to claim that there is no evidence for Roundup’s carcinogenicity. at *2. Dr. Acquavella concurs: “I agree as well that you can’t say that there is no evidence.” at *1.

Relevance
This document is relevant and reasonably likely to be used in this litigation because it supports Plaintiffs’ claim that there is evidence that Roundup causes cancer. This document is also relevant to Daubert, since it shows independent Monsanto’s consultants and scientists agreeing about the possibility that Roundup causes cancer.

68. Monsanto Internal Email on NNG and Formaldehyde Testing Before and After Aging
No: MONGLY06758730
Date: 2/13/2016
Documents Released: 3/15/2017

Description
In this email correspondence, Richard Garnett (Monsanto EU), Lisa Flagg (Monsanto Global Product Quality Lead, Crop Protection) and others discuss storage testing of glyphosate. Specifically, the email comments on how long-term storage of glyphosate increases NNG levels.

Bart Roose (Monsanto EU): “I would suggest we agree in writing that `bad results’ of NNG due to accelerated ageing can be caused by the heat level and is therefore not representative for “normal ageing’.”

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