PAN Europe et al. v. Bayer

GZ 831 St 7/19h
September 27, 2023
Not judged
Austria, Vienne

Environmental NGOs
Pesticide Action Network Europe (PAN Europe), PAN Germany, GLOBAL 2000, Générations futures
Bayer, Company
Joseph Unterweger

Criminal court
Herbicide, Glyphosate
Suspicions of serious fraud (article 146 et seq. of the Penal Code) for failing to submit adverse studies and data on the carcinogenic and neurotoxic effects of glyphosate when applying for EU re-approval of the substance.
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On September 27, 2023, member NGOs of the PAN Europe network filed a complaint with the Vienna public prosecutor's office against the Bayer-led consortium in connection with the application for re-approval of glyphosate in the European Union, whose current authorization expires at the end of December 2023. According to the plaintiff associations, Bayer failed to submit studies and/or unfavorable data on the carcinogenic and neurotoxic effects of glyphosate in the application, which may have influenced the risk assessment carried out by the authorities in favor of reauthorization.

The EU Pesticide Regulation requires pesticide manufacturers to report all studies on potentially harmful effects of glyphosate in their authorization applications, including studies commissioned by them and those from the scientific literature, as the applicants' press release recalls. However, Bayer's current authorization application lacked the majority of publications that indicate harmful effects on the nervous system (neurotoxicity) from glyphosate, including an epidemiological study that found an increased risk of autism spectrum disorders in children when their mothers were exposed to glyphosate during pregnancy or in their first year of life.

In particular, a developmental neurotoxicity (DNT) study commissioned by a consortium member (Syngenta) was not communicated to EU authorities. This "DNT study" revealed significant behavioral disorders in young rats whose mothers were exposed to glyphosate during pregnancy. Two Swedish scientists point out that the DNT study was deemed "acceptable for regulatory purposes" by the US Environmental Protection Agency (EPA), and that the adverse effects identified in the study occurred at a dose that is currently considered safe by EU authorities.

The criminal complaint submitted today to the Vienna Public Prosecutor's Office follows an earlier request of July 17, 2019, by attorney Josef Unterweger, in which the plaintiffs detail their suspicions that Monsanto, during the previous authorization procedure, distorted or failed to disclose unfavorable data and study results in order to conceal the health risks associated with glyphosate. The investigation is ongoing.

As a result, the proposal for the re-authorization of glyphosate issued by the European Commission on September 20, and on which member states are invited to vote shortly, is said to be the result of a flawed risk and hazard assessment, influenced by the suppression of unfavorable information from manufacturers' studies and published scientific literature.

** Summary largely taken from PAN EUROPE press release **