THE rBGH SCANDALS
In trying to get rBGH to market, Monsanto and government
agencies became involved in a number of scandals. Anyone who has ever
wonder how big business does business should find the following
instructional:
Three British scientists who anaylzed data on
rBGH for Monsanto charged that the company has tried to block
publication of their research. Erik Millstone, Eric Brunner and Ian
White said the company blocked publication of their 1991 paper on the
hormone's links to increases in somatic cell (pus and bacteria) counts
as a result of mastitis.
In an article in the British
scientific journal Nature, the scientists said they found a much
higher white blood cell count in milk from cows treated with rBGH than
reported by Monsanto looking at the same data. The article concludes,
"Until those data are in the public domain, some important questions
about the effects of BST on animal health will remain unsolved."
Monsanto will not allow the researchers to publish their
results. A report released in October 1994 concluded that Monsanto
violated federal law by illegally promoting rBGH prior to FDA
approval. According to the report, issued by the Inspector General of
the Department of Health and Human Services which oversees the FDA,
the FDA's Center for Veterinary Medicine warned Monsanto in 1991 about
improper promotion of the hormone and cited 24 instances of the
company making promotional statements. One was labeled "BST
Worksheet" and was designed to help dairy farmers figure their profits
from using the drug.
Despite the warning, Monsanto continued
bending or breaking the anti-promotion rules from May 1991 through
October 1993. The report faulted FDA for not issuing a warning or
sanctioning Monsanto. Instead, the FDA sent the company letters that
"would have been interpreted as excusing the conduct.
"In
late 1993, when Congress was debating final approval of rBGH, Monsanto
used its government action on the drug. According to confidential
documents obtained by The Foundation on Economic Trends (FET) and then
turned over to The New York Times, Monsanto used chief strategist for
the Democratic National Committee Tony Coehlo's friendship with
then-Agriculture Secretary Mike Espy to try to influence the outcome
for its product.
At the time, Congress had imposed a
ninety-day moratorium on the sale of rBGH and was demanding further
study of its economic impact on small dairy farmers.
Concerned, Monsanto President Robert B. Shapiro called Coehlo for
help. Coehlo is a former California Congressman and house majority
whip who left that post in 1989 amid accusations that he had
improperly used his political contacts to arrange and finance a
$100,000 junk-bond investment for himself. Coehlo had become a New
York investment banker and, because he remained very well-connected,
President Clinton selected him as chief strategist for the Democratic
National Committee in 1994.
Coehlo called the U.S. Department
of Agriculture (USDA) to find out who was blocking approval of rBGH.
He spoke with Espy's senior aide, Kim Schnoor. Coehlo has strong ties
at USDA. Now disgraced, then-Agriculture Secretary Mike Espy won his
first race for Congress in 1986 with substantial financial help from
the Democratic Congressional Campaign Committee, which was then headed
by Coehlo. Further, President Clinton's selection of Espy as
Agriculture Secretary came at Coehlo's recommendation. And before the
just-appointed Espy picked his new staff, Coehlo proposed that Espy
take Kim Schnoor, Choehlo's former Congressional aide as Espy's senior
aide. Schnoor had been providing Monsanto officials with critical
information regarding White House and Office of Management and Budget
(OMB) strategy regarding rBGH.
One memorandum obtained by
FET, written by Dr. Virginia V. Weldon of Monsanto, entitled, "Coehlo
Talking Points for Espy Dinner," and dated Sept. 21, 1993, advised
other Monsanto officials that, based on information provided to the
company by Schnoor, Monsanto had drafted appropriate talking points
for Coehlo to present to Espy at a dinner. The Weldon memo also said
that Coehlo should "ask Espy to talk personally with Mr. (Leon)
Panetta (then-OMB head and another Coehlo friend) to persuade him to
duck {Congress'} request to study the 'social impact' of
BST.
"The Weldon memo goes on to suggest that to persuade the
Administration to champion rBGH a Monsanto lobbyist (Coehlo) should
"Let Secretary Espy know that companies like Monsanto will likely pull
out of the agriculture biotech are if the Administration will not
stand up to persons like Senator Feingold".
(Sen. Russ
Fiengold {D-WI] had been responsible for organizing Congressional
opposition to the hormone and had asked for the economic impact
study.)
The Coehlo "talking points" also included a proposal
to Espy to "Develop, in coordination with the U.S. dairy industry, a
proactive plan to ensure consumers of the safety of milk and dairy
products that have been produced with supplemental BST. Such an
effort should be coordinated with the National Dairy Board and the
International Dairy Foods Association."FET publicized the memoranda
and as a result, the Coehlo-Espy dinner meeting never took
place.
A few months later, however, OMB said it had completed
its study and concluded that the economic effects of the hormone would
be minimal; Congress then gave its final approval and rBGH was
marketed. FET petitioned the Justice Department to investigate
possible conflict of interest involving the USDA, Monsanto, and
Coehlo, and asked fro Espy's resignation. Soon after, Espy resigned
as the result of another, unrelated scandal.
A Government
Accounting Office (GAO) report cleared three FDA officials accused of
conflict of interest and ethical misconduct in the approval of rBGH,
to the shock and disbelief of FET and three members of Congress who
had brought the accusations. The report concluded that there was only
minor rule-breaking by former employees and associates of Monsanto,
who, as employees of the FDA had key roles in approving rBGH.
The GAO report takes 30 pages to document how a former Monsanto
lawyer, Michael Taylor; a former Monsanto scientist, Margaret Miller;
and a student of Monsanto's top scientist, Suzanne Sechen, all played
key roles in helping the FDA decide that rBGH is safe for cows and
people and that it need not be labeled.
Taylor, for example,
who was Deputy FDA Commissioner at the time, had been, until 1991, a
leading Washington, D.C., layer representing Monsanto and the
International Food biotechnology Council for many years, specializing
in food labeling and regulatory issues. While at the FDA, Taylor
wrote the policy exempting rBGH and other biotech foods from special
labeling.
Taylor's former law firm, which continued to
represent Monsanto, field lawsuits against two dairies that had
labeled their milk rBGH-free only days after Taylor's guidelines were
finalized. In March 1994, FET had petitioned the FDA and the
Department of Health and Human Services to investigate the
matter.
Three members of Congress then asked the GAO to
investigate. After FET filed its complaint, Taylor was mysteriously
transferred out of the FDA and now heads the USDA's Food Safety
Inspection Service. Jeremy Rifkin, President of FET, called the GAO
report, which revealed even more than FET had originally discovered,
"devastating" and a "significant scandal." "It has confirmed my worst
suspicions about the FDA," he said.
Vermont Congressman
Bernie Sanders (I-VT) also disagrees with the report's verdict and
said its findings actually prove "the FDA allowed corporate influence
to run rampant in its approval" of the drug.
In November
1994, the Canadian Broadcasting Corporation (CBC) program Fifth Estate
televised a one-hour documentary reporting that Monsanto had tried to
bribe Health Canada (Canada's version of the FDA), offering to pay as
much as two million dollars under the condition that Monsanto receive
approval to market rBGH in Canada without being required to submit
data from any further studies or trials.
According to
journalists who worked on the documentary, Monsanto tried to kill the
show, arguing through its lawyers that CBC had maliciously rigged
interviews. But CBC stuck to its guns and ran the program.
The National Farmers Union is investigating possible illegalities in
Monsanto's practice of enlisting agricultural veterinarians in
promoting rBGH. The group has noted that many states, including New
York, have laws prohibiting veterinarians from taking direct or
indirect compensation from pharmaceutical companies to promote their
products. Until recently, Monsanto had been issuing $150 vouchers for
veterinary care to farmers who initially ordered rBGH. But some
veterinarians who had promoted rBGH very hard signed up some fifty to
one hundred farms each. "Now we're talking about many thousands of
dollars," said Bruce Krug, a New York dairy farmer and coordinator of
the New York Farmers Union. "This is a blatant kickback to the
veterinarians.
Monsanto has underwritten joint promotional
campaigns with veterinary clinics in an effort to sell farmers on
rBGH."Not only were vets being compensated through Monsanto's voucher
program, they are also profiting handsomely from their clients' rBGH
usage because the drug is making so many animals sick.
Organic Consumers Association (OCA)
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