When Consumer Safety Does Not Seem to Matter

AAJ article highlights the ongoing problem with corporations choosing money over honesty and consumer safety.

The American Association for Justice’s (AAJ) newest report highlights corporate misconduct and how it impacts the average U.S. citizen’s everyday life. A consistent lack of transparency from these corporations demonstrates how “when corporations put profits before safety and customer and employee welfare, and the regulatory system proves unable to force change, the civil justice system is the last line of defense to protect consumers.”

Failure to Warn

Companies have both a moral and legal responsibility to warn consumers of potential dangers that can result from their products. Agrochemical company Monsanto decided to go in a different direction. Company emails that came to light as part of litigation detail how a Monsanto executive suggested ghostwriting scientific reports. Those reports eventually led the U.S. Environmental Protection Agency (EPA) to conclude that Roundup, a weed killer composed of glyphosate, did not cause cancer.

Lack of Transparency

When a company markets products that are intended to be used for the well-being of its consumers but fails to inform consumers of its products’ safety hazards, that lack of transparency can have dire consequences. Johnson & Johnson (J&J) faced six of the seven largest dangerous-product verdicts in 2016 and faced numerous more in 2017. The following areas of litigation recently involved J&J:

    • Xarelto

This blood thinner, also known as rivaroxaban, has been associated with more than 370 deaths according to the Food and Drug Administration (FDA). Nevertheless, J&J continues to profit making over $2.29 billion from this drug alone.

  • Risperdal
    Risperdal is an antipsychotic drug used to treat certain mental/mood disorders, such as schizophrenia, bipolar disorder, and irritability associated with autism. The pharmaceutical company also illegally marketed it as an aide to manage the behavior of elderly nursing home residents, people with mental disabilities, and children. Scientific evidence has shown that teens who use Risperdal are five times more likely to develop gynecomastia—the appearance of female breast tissue. In some of the over 18,000 cases against J&J, the company is accused of concealing evidence that shows gynecomastia rates with Risperdal use are much higher than the company initially claimed.
  • Transvaginal Mesh
    Ethicon, a J&J division, marketed its transvaginal mesh as a low-cost way to treat urinary incontinence for women. What the company failed to disclose is the serious risk of injury associated with the product.
  • Artificial Hips
    When DePuy, a J&J division, first introduced their product in 2005, doctors reported shedding of metallic debris leading to infection, fractures, and nerve damage. Company executives talked about fixing the design flaw, but in the end, chose not to. The artificial hips even failed internal tests, and 40 percent were predicted to fail within five years of implantation. Even after surgeons working with DePuy halted use of the hips, the company continued selling them.

DePuy did not stop sales of the artificial hips until 2010 and then blamed it on poor sales rather than medical complications. Subsequently, juries have returned substantial verdicts in trials where plaintiffs have claimed DePuy failed to properly warn patients and doctors that the devices would fail prematurely.

Aggressive Marketing Tactics

McKesson Corporation has turned opioids into a $13 billion-a-year industry by distributing pain medicines across the country even though the company was aware of the drugs’ highly addictive nature and the fact that they are sold on the black market. Opioids work by attaching to and activating opioid pain receptor proteins, which are found on nerve cells in the brain, spinal cord, gastrointestinal tract, and other organs in the body. When these drugs attach to their receptors, they inhibit the transmission of pain signals.

Distributors like McKesson have overlooked federal regulations requiring companies to report suspicious activity involving narcotic orders such as unusual size and/or frequency. Instead of following these regulations, the AAJ reports that opioid distributors “[f]looded [the] market with enough opioids to keep every person in America medicated around the clock for three weeks” and lined their pockets with money from the sales. According to a 2016 Washington Post report, at least 13 drug distributors knew or should have known that hundreds of millions of prescription opioids were hitting the black market, but continued to send the drugs.” Even when pressed by government regulators to have better oversight concerning distribution, McKesson spent over $100 million lobbying to pass a law that would make it almost impossible for the Drug Enforcement Agency to freeze any questionable narcotics shipments.

The Scientific Connection Between Pesticides & Birth Defects

People are taking sides in the debate focusing on connection between pesticides and birth defects.

The question of whether pregnant women who live and/or work around high levels of pesticide use, particularly on Kauai’s Westside, should be concerned about birth defects continues to be a contentious topic for debate, but the science is mounting against agribusinesses. Chemical companies have relocated to Hawai‘i, and where sugar cane and pineapples once grew, one can now find corn fields that are regularly sprayed with large doses of pesticides.

What is Science Saying?

According to the American Academy of Pediatrics, “epidemiologic evidence demonstrates associations between early exposure to pesticides and pediatric cancers, decreased cognitive function, and behavioral problems.” Likewise, a study looking at agrichemicals in surface water and birth defects in the United States found that a significant association was found between the season of elevated agrochemicals and birth defects.” Physicians at Kauai Veterans Memorial Hospital, on Kauai’s Westside, believe there may be up to “10 times the national rate” of certain rare birth defects in newborns delivered at the hospital.

While agrochemical companies that use, manufacture, and sell pesticides tout that there is no evidence of a higher incidence of birth defects on Kauai or anywhere in Hawai‘i, it must be noted that these companies have a vested interest in ensuring their profits and protecting themselves from potential litigation.

The State Department of Health (SDOH) has found evidence of pesticide drift (when pesticides sprayed over crops become airborne and are blown by the wind away from the intended agricultural field) when testing. In addition, when testing streams on Kauai, SDOH found atrazine and glyphosate, and when testing the air at Waimea Canyon Middle School, they found chlorpyrifos, a Restricted Use Pesticide and known neurotoxin. While the amounts found were small, the point is that there should be none at all.

It should also be noted that in Hawai‘i, those who apply Restricted Use Pesticides in fields near communities, parks, schools, and roadways, are not required to disclose which pesticides they are applying, the location, date or time, in which they are applied. This is all data that can be utilized when trying to make an informed decision regarding one’s health.

How can Galiher DeRobertis & Waxman Help?

Galiher DeRobertis & Waxman has been receiving increased attention as a result of our commitment to fighting for families with pesticide related birth defects. While we are not doctors, our lawyers work with highly-qualified scientific and medical professionals to determine if a reported birth defect is related to a parent’s exposure to pesticides. Our lawyers are experts in successfully representing families injured by defective products and corporate negligence. We provide free initial consultations and will meet with you to evaluate your claim with no obligation on your part. If your child has pesticide-related birth defects, he or she may have a claim against the company responsible for that pesticide exposure. Please get in touch with us for a free case evaluation at 1-866-998-TOXIC (6942) and learn more about your legal options. Our team will begin working immediately and aggressively to obtain the best result for your case.

The Hawai‘ian Problem with Increased Pesticides and Pregnancy

Study shows direct connection between pesticide exposure and risks beyond poor pregnancy outcomes.

According to a recent study, women who ate more fruits and vegetables containing high amounts of pesticide residue were less likely to get pregnant or have a live birth following infertility treatments. In comparison with women who ate less than one serving per day of high pesticide residue fruits and vegetables, women who ate two to six daily servings had an 18% lower probability of clinical pregnancy and a 26% lower probability of live birth.

How Pesticides Enter Our Bodies

Fruits and vegetables provide vitamins, minerals, antioxidants, and other necessary nutrients to the general population, but according to an article published in a January 2018 issue of JAMA Internal Medicine , fruits and vegetables  also serve as the primary way that pesticides enter the human body. Studies have in fact shown that some agricultural pesticides have harmful effects on the body including decreased fertility, spontaneous abortion, stillbirth, and developmental abnormalities.

In an editorial, Philip Landrigan, MD, of the Icahn School of Medicine at Mount Sinai in New York City, said, “The observations made in this study send a warning that our current laissez-faire attitude toward the regulation of pesticides is failing us. We can no longer afford to assume that new pesticides are harmless until they are definitively proven to cause injury to human health.” Dr. Landrigan goes on to emphasize the importance of truly understanding the pesticide industry and how it works and strengthening requirements for both pre- and post-market testing of how these pesticides affect the human body.

Pesticides do not only enter the body through direct consumption, however. While sprayed pesticides land on directly-specified crops, pesticide drift can result in pesticides traveling beyond the confines of the intended crops.

Pesticides and the Community

Agricultural companies are big business in Hawai‘i. According to the Hawai‘i Crop Improvement Association, the agricultural industry accounts for $260+ million of the state’s GDP. However, the pesticides that the companies utilize on genetically modified organisms (GMOs) such as corn and soybeans, have the potential to affect anyone who lives, works, or plays in close proximity to the agricultural area. Exposure to these pesticides can result in birth defects in children whose parents were exposed through pesticide drift and ground water contamination.

Workers with occupational exposure to pesticides have a significantly greater exposure rate than the rest of the population. Farmworkers in particular depend on farm owners and labor contractors to provide a safe working environment for them in which to work. The United States requires that pesticides with the highest toxicity potency known as “restricted use” pesticides only be handled by people with certification in the safe handling of these chemicals. Migrant and/or seasonal workers rarely have sufficient training with these chemicals, and as such, are often disproportionately affected by the adverse health effects of these restricted pesticides. In turn, their children run the increased risk of birth defects related to toxic exposure.

Pesticides can be breathed, absorbed through the skin, or ingested from food or water.  Any which way, there is the possibility of damaging the mother’s or father’s chromosomes and leading to abnormal DNA in the baby if parental exposure occurs before or soon after conception. Pesticides used in Kauai, Maui, and other neighboring islands have been linked to the following birth defects:

  • Serious cardiac conditions or heart defects
  • Limb abnormalities and missing limbs
  • Spina bifida (birth defect of the spine and spinal cord)
  • Gastroschisis (birth defect of the abdominal)

New Agreement Yields New Regs for Weed Killer Dicamba

An end-goal of damage reduction leads the EPA and three major biotech firms to agree to stricter regulations for a popular herbicide, but is it enough?

The Environmental Protection Agency (EPA) has reached an agreement with agricultural and chemical manufacturers, including Monsanto, to reduce damage caused by a weed killer that can drift and hurt nearby crops, deciding that new requirements were appropriate. But, some scientists aren’t so sure that it goes far enough.

According to the new agreement, products made with the weed killer dicamba must have their labels altered to “restricted use.” Now, anyone who uses it will need special training or supervision and a certification that complies with EPA standards. In addition, record-keeping in relation to usage will be required.

But an NPR article reports that weed scientists from across the Midwest are worried and wish that they had been allowed to do more testing prior to the herbicide going to market.

Dicamba, a weed killer, is used on cotton and soybeans grown from genetically modified seeds. Genetically modified soybean seeds were designed by biotech firms to be resistant to dicamba, allowing it to be applied to fields to kill weeds later in the growing season. Reuben Baris, the acting chief of the herbicides branch of the EPA, said that 2,708 complaints had been reported to state agriculture officials about dicamba crop damage as of mid-October of this year.

What is the Issue for Farmworkers?

The issue is pesticide drift and volatility of the product. Pesticide drift can occur when a pesticide is sprayed in the air over one field and then carried by wind to another field. Farmworkers and plants in the nearby field, unaware that they are being exposed to this harmful pesticide, are left defenseless to protect themselves. When a pesticide is volatile, it can quickly vaporize becoming far more dangerous than a sprayed mist that drifts from its intended target.

The newly reached agreement calls for limiting the application of dicamba to when conditions aren’t windy, along with other provisions, according to the EPA. However, Arkansas farmers who filed suit against the company claim Monsanto knowingly misrepresented the safety of dicamba and that the herbicide caused “significant harm” to the soybean crop in Arkansas and other states in both 2016 and 2017.

Bob Scott, a weed scientist at the University of Arkansas, along with other colleagues performed dicamba field tests over the summer. The weed scientists found their worst fears discovered, the dicamba was evaporating from the soil and damaging nearby vegetation that had not been sprayed.

What are the Health and Safety Issues?

Pesticides and herbicides don’t just have the possibility of harming plants; they can harm people as well. Many contain toxic chemicals that can cause birth defects in children whose parents were exposed through commercial agricultural work, groundwater contamination, or airborne drift. Parents who work in the fields for the farming industry — or simply live near an agricultural area — are at high risk of exposure to toxic pesticides and herbicides used on the fields. Pesticides may damage the parents’ chromosomes and lead to birth defects among children who are conceived during or just after exposure. Birth defects and complications linked to pesticides include:

  • Brain cancers
  • Endocrine disruption
  • Neurological disorders
  • Lower birth weight and size
  • Premature death

Consumers and individuals depend on companies catering to the commercial farming industry to make safe products and to provide warnings when necessary. However, it is the responsibility of labor contractors and farm owners to provide a safe working environment for their laborers and farm workers. The labor contractors and farm owners are frequently aware that chemicals used on their fields can be a cause of birth defects, but may fail to adequately warn or protect the workers from these dangers. No one should have to be exposed to hazardous pesticides due to an unsafe work environment.

With regards to the hazards of dicamba, Scott reportedly told NPR that ‘If this [dicamba] were any other product, I feel like it would be just pulled off the market, and we’d be done with it.”

Pineapple, Water, and Pesticides–Not the Most Ideal Cocktail

History shows a chemical once used in Hawai‘ian pineapple fields has been seeping into Maui water wells.

Pineapple, the fruit that many say wears a crown, has a lasting legacy that may not appear as beautiful as its golden flesh. If one spends time tracing history, you may see what some refer to as a troubling pattern of contradiction in reference to the pesticide-contaminated wells of Maui, Hawai‘i. Here is a brief recounting of the timeline.

1950s Dibromochloropropane Development

Dibromochloropropane (DBCP) belongs to a class of pesticides called persistent organic pollutants (POPs).  POPs, such as DBCP, remain in the environment for extended periods of time and can be harmful to human health. DBCP was specifically developed for use in Hawai‘ian pineapple fields and became the preferred method of controlling nematodes, or root worms. Health hazards linked to DBCP include kidney and liver damage, infertility, testicular atrophy, and potentially cancer.

1977 Dibromochloropropane Ban

California banned all further uses of DBCP, citing concerns over health effects on exposed workers. It was also known to cause cancers in test animals and was suspected of causing cancers in humans. Workers exposed to DBCP were experiencing reduced fertility and lower sperm counts. Not long after California implemented its ban, the Environmental Protection Agency (EPA) announced a schedule for phasing out most uses of the pesticide. Hawai‘i pineapple plantation owners conducted special pleadings with the highest officials in state government, and the use of DBCP was allowed to extend past 1981.

1979 Dibromochloropropane Levels in Water Tests

Water quality tests show DBCP in five out of 10 sites around Hawai‘i ranging from 0.26 parts per billion (ppb) to 2.23 ppb. In comparison, drinking water sources in to California were being closed when concentrations greater than 1 ppb were found. Local residents were not aware of the testing.

1981 Dibromochloropropane Ban is Lifted

A settlement was reached on appeal lifting the EPA’s ban on DBCP and putting in place strict protocol for continued usage. Although the EPA administrator who overrode the initial recommendation said that EBCP “does not result in unreasonable adverse effects to man or the environment,” field workers were required to wear full-body protective gear and applications had to occur at least 270 days before harvest. The EPA administrator is quoted as saying, “I find that the economic benefit to Hawai‘ian pineapple growers outweighs the remaining risks associated with the use of DBCP.

1985 Maui Residents Reject Continued Use of DBCP

A joint panel reports that 15 pineapple fields could be treated with DBCP, with little likelihood that further water contamination would result. During a lengthy public meeting on the matter, most speakers testified in fervent opposition to continuing use of DBCP. Many of the Maui residents complained that their island was to become the dumping ground for a chemical deemed too dangerous for use elsewhere in the United States.

1986 Remaining DBCP Stock Is Shipped Out

The last stocks of unused DBCP known to remain on the islands were shipped out through a hazardous waste disposal company.

While use of DBCP on Maui effectively ended in 1984, tons of the chemical remain in the soil. According to studies done at the University of Hawai‘i Water Resource Research Center, DBCP and ethylene dibromide (EDB) can and do work their way through the topsoil, through the underlying basalt, and into the freshwater lenses that serve as drinking water sources.

1992 DBCP Turns Up In Maui County Water Well

DBCP was found in a well that supplied Maui County’s water system with some levels above the state maximum contaminant level.

1994 Discontinue Use of the Well

Department of Health directs Maui County to discontinue use of the well at Napili.

2003 DBCP Continues to Exceed Safe Levels

Testing of the wells shows high levels of DBCP at 230 parts per trillion. The maximum containment level for DBCP in Hawai‘i is 40 parts per trillion.

How are Birth Defects Caused by Pesticides?

Pesticide residue can be inhaled, ingested, or absorbed through the skin. When a future parent is exposed, the toxin can damage his or her chromosomes. If a child is conceived before or soon after the mother or father is exposed to pesticides, the unborn child may inherit abnormal DNA and later suffer from a birth defect. Pesticides have been known to cause a number of illnesses in humans:

  • Spina bifida
  • Gastroschisis
  • Heart defects
  • Reproductive disorders
  • Deformed or missing limbs
  • Reduced fertility and infertility
  • Testicular atrophy and lower sperm counts
  • Developmental delays and neurological problems

Research has linked many of these birth defects and illnesses to pesticides once heavily used on the old sugar and pineapple plantations as well as other crops.

Contaminated Hawai‘ian Shorelines Leave Locals Vulnerable

Inland waters are thought to be polluted by nearby facilities operated by international agrichemical firms.

As the waves continue lapping onto the western shores of the Hawai‘ian island of Kauai, there is increased concern by local residents that these seemingly beautiful waters are full of more than just fish. The inland waters where children surf and swim and subsistence fishermen rely on their catch to take care of their families is thought to be polluted by nearby facilities operated by the international agrichemical firms Syngenta and DuPont-Pioneer. The biotech giants BASF and Dow also operate in the area, and Monsanto has facilities elsewhere in the state as well. On Kauai, the four companies take advantage of the island’s former sugar and pineapple plantations and three growing seasons to develop and produce varieties of seeds that are bred or genetically engineered to resist pests and pesticides and increase yields.

But high demand on the mainland has made biotech corn and other seeds one of Hawai‘i’s top agricultural commodities. Hawai‘i is the world’s leading producer of corn seed, which accounts for 96 percent of the state’s $247 million biotech agriculture industry, according to the Hawai‘i Crop Improvement Association, which represents biotech companies. Virtually every genetically engineered seed variety has spent some time in development on a Hawai‘ian island.

How does Pesticide Exposure Occur?

The once ubiquitous sugar plantations and pineapple farms of old have given way to biotech companies and the agrichemical business. Because the GMO seeds they produce on Kauai are not considered food items, the agrichemical companies are allowed to use more pesticides than traditional farmers. When these pesticides are sprayed over crops, the pesticides can become airborne and blown by the wind away from the intended agricultural field. This is called pesticide drift. The pesticide drift can be carried downwind into nearby neighborhoods contaminating homes and exposing residents to toxic chemicals.

Some of the 22 restricted-use pesticides in use on Kauai, such as atrazine, are linked birth defects and other to serious health problems and are banned in European countries, and federal law requires that they be applied by or under supervision of workers with special training.

Other exposures are a result of contaminated dirt. Some agricultural fields are often sprayed with pesticides, even when they lay fallow. This is especially true of the genetically modified organism (GMO) agricultural fields throughout Hawai‘i where GMO seeds are produced and where genetically engineered corn, soy bean, and other GMO crops are grown. When the wind blows, it kicks up the loose top soil and lingering pesticide residue from these fields. This toxic dirt is blown into the communities that border the agricultural fields, again contaminating homes and further exposing the families that live there.

What are the Effects of Pesticide Exposure?

The American Academy of Pediatrics has released a statement on children and pesticide exposure, citing scientific evidence linking early life exposure to pesticides to preterm birth, neurological defects, low birth weight, asthma and cancer. Representatives for the biotech companies have said repeatedly that pesticide applicators follow federal and manufacturer guidelines to prevent exposure to the public and use the chemicals only when necessary.

Local doctors report seeing more than 10 times the national rate of birth defects, like heart malformations, in the state of Hawai‘i and say that more study is needed. However, many of the pesticides being heavily used on Kauai, Maui, and throughout the neighbor islands have been linked to a number of birth defects including:

  • Gastroschisis (birth defect of the abdomen)
  • Limb abnormalities and missing limbs
  • Serious cardiac conditions or heart defects
  • Spina bifida (birth defect of the spine and spinal cord)

To date, some residents report seeing whole streets where children have birth defects. As such, locals continue their efforts in raising awareness and support for their campaign to hold the biotech companies accountable and to make the west side of Kauai a better place for their children.

Paradise at War: How GMOs are Tearing People Apart

Opposing views on GMOs have the state divided.

To some, including many natives of Kauai, Hawai‘i, the facts are stacked high against GMOs.

  • 88 percent of corn and 94 percent of soy grown in the U.S. is genetically modified
  • The FDA has approved genetically modified (GM) crops for consumption
  • There has never been a universally accepted study that has found GM food to be unsafe.

According to state pesticide records, 18 tons of 22 Restricted Use Pesticides (RUPs – pesticides that require special permits) are sprayed each year on Kauai. The American Cancer Society and American Academy of Pediatrics have linked 15 of those to cancer in recent studies. Factor in the general use variety, and 63 different pesticide compounds are sprayed in the island’s cornfields annually, and nobody knows exactly how that cocktail may impact the land and surrounding communities.

However, even with those strong facts, GMOs have their proponents, agrichemical companies, who argue that GMOs saved the big island’s papaya growers and have the potential to significantly aid other states’ agricultural industries as well. According to the Hawai‘i Crop Improvement Association (HCIA), together, the companies account for $260 million of the state’s GDP, while claiming indirect responsibility for an additional $280 million, via employee-driven commerce, annually. They employ 2,000 workers, maintain valuable irrigation infrastructure, and make use of the land that would otherwise remain abandoned.

While the pesticides sprayed on GMOs may be seen as a savior to some, to the residents of Lower Waimea, they are turning their community into a place where asthma, severe skin rashes, nose bleeds, allergies, and migraines are rampant, and where area residents claim there are 37 cancer cases in a neighborhood of just 800 people. It is an alarming statistic that, if it holds up under scrutiny, is over 10 times the cancer rate statewide.

How are Neighborhoods Exposed?

When pesticides are sprayed over crops, the pesticides can become airborne and drift away from the intended agricultural field. This is called pesticide drift. Pesticide drift can float downwind into exposing nearby communities to toxic chemicals.

Other exposures are a result of contaminated dirt from year round pesticide spraying. GMO growers are particularly generous with pesticide application, even when their fields are fallow. The loose top soil and pesticide residue are easily picked up picked up by the wind and blown into neighboring areas that border the GMO fields, again contaminating homes and further exposing the families that live there.

How Pesticides Cause Birth Defects

Although small plots of drought- and saline-tolerant seed are being developed on the island, the primary cash crop on Kauai is a corn seed known as Round Up Ready, an herbicide-resistant plant that allows growers to blast an entire cornfield with Round Up, or Glysophate, to kill weeds but not their crop. One resident states that, “they’re spraying endocrine disruptors which are very volatile with kids at a vulnerable age. We’re talking about kids between sixth and eighth grade, going through puberty, and getting chronic exposure.”

These kids will one day grow up and potentially be parents. Pesticides can cause birth defects in children whose parents were exposed through airborne pesticide drift, groundwater contamination or farm work. The toxins in pesticides can be inhaled, ingested, or absorbed through the mother’s (or father’s) skin and may then damage the parents’ chromosomes. If a child is conceived before or soon after a mother’s or father’s pesticide exposure, the unborn child may inherit abnormal DNA and suffer from a serious heart condition or other birth defects once born.

Pesticides: the War on Both Sides of the Fence

Hawai‘i has become the new ground-zero in the war over pesticides and GMOs (genetically modified organisms).

The Hawai‘ian islands have evolved into a base for the development of genetically engineered corn as well as other crops that are sold around the world. Chemical companies have relocated to the state, and where sugar cane and pineapples once grew, one can now easily find corn fields.

What is the Controversy around Pesticides?

Not everyone is rolling out the red carpet for the chemical companies, sometimes called agrichemical companies because of the mix of chemical technology and agricultural science. Activists who are opposed to genetically engineered crops have joined with residents who say corn farms expose them to dust and pesticides. Together, they are working to vote them off of the island, or at the very least reign them in.

When sugar cane was replaced by corn, Michiyo Altomoare, a Kauai resident, says the winds began carrying fine red soil that coated her counters, forcing her family to shut their windows and install central air-conditioning. And when she began to smell pesticides she contacted the police.

How are Residents Exposed to Pesticides?

When pesticides are sprayed over crops, the pesticides can become airborne and blown by the wind away from the intended agricultural field. This is called pesticide drift. The pesticide drift can be carried downwind into nearby neighborhoods contaminating homes and exposing residents to toxic chemicals.

Why Hawai‘i?

GMO seed companies counter their operations are safe and that the industry is essential to Hawai‘i’s economy, going so far as to say that curtailment of the Hawai‘i operations would disrupt agriculture for the nation. Seeds are Hawai‘i’s leading agricultural commodity, contributing $264 million to the economy and 1,400 jobs, according to a study commissioned by the companies.

These companies have no intention of walking away easily. They’re in Hawai‘i because the warm climate allows for three corn crops to be harvested in a year, compared with one in the Midwest. That accelerates the several generations of crossbreeding needed to perfect a new variety.

How are Birth Defects Linked to Pesticides?

Pesticides continue to be a large concern across the islands from noxious odors near a middle school, to seemingly unusually high rates of asthma, cancer, and birth defects. Local doctors report seeing more than 10 times the national rate of birth defects, like heart malformations, in the state of Hawai‘i and say that more study is needed. However, many of the pesticides being heavily used on Kauai, Maui, and throughout the neighbor islands have been linked to a number of birth defects including:

  • Cardiac conditions
  • Limb abnormalities
  • Spina bifida
  • Gastroschisis

Still, demands have intensified for further studies and for disclosure of what pesticides are used. In addition to disclosure, forthcoming bills aim to establish no-spray zones around schools, hospitals, residences, public roads and waterways.

Corn’s Part in an Upward Trend Yielding Downward Results

According to analysis performed by local physicians, a dangerous trend has become quite noticeable in Waimea, on the island of Kauai, Hawai‘i: the number of severe heart malformations has risen to more than ten times the national rate.

Local doctors now find themselves at the center of a growing controversy about whether the substantial increase in severe illness and birth defects in Waimea stem from the main cash crop on four of the six islands, genetically modified (GMO) corn, which has been altered to resist pesticides.

Throughout the years, Hawai‘i has been utilized as a testing ground for almost all GMO corn grown in the United States.  The island of Kauai is the largest area used with chemical companies Dow, BASF, Syngenta, and DuPont spraying 17 times more pesticide per acre than on ordinary cornfields in the US mainland.

How are Residents Exposed to Pesticides?

Waimea is a small town that lies directly downhill from the 12,000 acres of GMO test fields leased mainly from the state. Spraying takes place often, sometimes every couple of days. Residents have complained that when the wind blows downhill from the fields, the chemicals have caused headaches, vomiting, and stinging eyes.

When crops are sprayed with pesticides, the toxic mist can become airborne and blown by the wind away from the intended field crop. This is called pesticide drift. The pesticide drift can be blown downwind into nearby communities contaminating homes and exposing residents to toxic chemicals.

While Hawai‘ians have attempted to use a ballot initiative to force a moratorium on the planting of GMO crops, the chemical companies that grow the GMO corn have refused to disclose the chemicals that they are spraying as well as the specific amounts of the chemicals being used.

How are Birth Defects Linked to Pesticides?

Fighting against this, a report by the American Academy of Pediatrics has found “an association between pesticides and adverse birth outcomes, including physical birth defects.” Pesticides can cause birth defects in children whose parents were exposed through airborne pesticide drift, groundwater contamination or farm work. The toxins in pesticides can be inhaled, ingested, or absorbed through the mother’s (or father’s) skin. The toxins may then damage the parents’ chromosomes. If a child is conceived before or soon after a mother’s pesticide exposure, the unborn child may inherit abnormal DNA and suffer from a serious heart condition or other birth defects.

Local doctors report seeing more than 10 times the national rate of birth defects, such as heart malformations, in the state of Hawai‘i and say that more study is needed. However, many of the pesticides being heavily used on Kauai, Maui, and throughout the neighbor islands have been linked to a number of birth defects including:

  • Cardiac conditions
  • Limb abnormalities
  • Spina bifida
  • Gastroschisis

It has been revealed that chemical companies, unlike farmers, are allowed to operate under a decades-old Environmental Protection Agency permit which allowed toxic chemicals to be discharged into water. The state of Hawai‘i has asked for a federal exemption to allow these companies to continue to not comply with modern standards. As such, there continues to be discord between corporations grouped with some politicians and the people of Hawai‘i.

Vietnam Veterans Pass on a Tragic Legacy from Agent Orange

Birth Defects in Descendants of Vietnam Veterans Exposed to Agent Orange Raise Concerns about Enlist Duo because of its Similar Chemical Makeup

Vietnam veterans are leaving behind a tragic legacy with their children and grandchildren – birth defects related to toxic exposure to Agent Orange during the war. Agent Orange was a herbicide used during the Vietnam War that has now been banned because it is a proven carcinogen. In addition, studies have shown that Agent Orange can be a cause of birth defects in the children of Vietnam veterans. Grandchildren of these veterans have also shown a higher than normal rate of birth defects.

Studies showing that Agent Orange is a cause of birth defects are especially troubling because, while Agent Orange is banned, Enlist Duo is not. Enlist Duo is a popular weed killer that the Environmental Protection Agency has recently approved for expanded use. The concern with Enlist duo is that it contains 2-4D, a major ingredient in Agent Orange.

Who is at Risk for Birth Defects Resulting from Toxic Exposure to Enlist Duo?

Farm workers will be put at risk for having children with birth defects resulting from toxic exposure to Enlist Duo. As fields are sprayed with the popular Enlist Duo, farm workers will come in contact with the potentially harmful chemical if they are not adequately protected. All too often, farm workers do not even know about the dangers of the chemicals used on the farms where they are working, nor are they properly protected from coming in contact with substances known to cause birth defects.

Who is Responsible for Protecting Farm Workers from Birth Defects Resulting from Toxic Exposure?

Consumers and individuals depend on companies catering to the commercial farming industry to make safe products and to provide warnings when necessary.  However, it is the responsibility of labor contractors and farm owners to provide a safe working environment for their laborers and farm workers. The labor contractors and farm owners are frequently aware that chemicals used on their fields can be a cause of birth defects, but fail to adequately warn or protect the workers from these dangers. No one should have to be subjected to toxic exposure because of an unsafe work environment.