Contractor posed as journalist in Bayer weedkiller trial

An employee of a Washington-based consulting firm contracted by Bayer AG posed as a journalist for increased access to a landmark trial over allegations Monsanto's weedkiller causes cancer.

The woman represented herself as a freelance journalist to attorneys and other media members but was actually working with FTI Consulting Inc., whose clients include Monsanto and its parent company.

The employee's assignment was to take notes on the legal proceedings in San Francisco federal court in March, according to FTI spokesperson Matthew Bashalany.

"Upon learning that said employee misidentified herself during the conduct of that assignment, the firm initiated an internal review and will take necessary and appropriate steps consistent with that commitment," Bashalany said in an emailed statement.

The firm declined to comment on what information the employee compiled and whether it had representatives at other Monsanto trials.

Bayer spokesperson Charla Lord denied FTI Consulting was part of the company's "dedicated multi-function team responsible for managing the Roundup litigation."

"Bayer did not authorize FTI to work at the Hardeman trial, and did not know anyone from the firm was in attendance until it was brought to our attention after the trial was completed," the statement read.

FTI Consulting describes itself as a crisis management firm to help "manage change, mitigate risk and resolve disputes," according to its website.

In another trial in January, EarthRights accused FTI Consulting employees of misrepresenting themselves as journalists while trying to question the environmental group's legal counsel in a climate change lawsuit.

The employees allegedly did not reveal they worked for a website contracted by FTI Consulting to help manage public relations for the trial.

Asked about the incident, Bashalany referred to a statement by the website calling the accusation "baseless."

Misrepresenting oneself as a journalist is not illegal.

The trial the firm's employee attended was in a case brought by Edwin Hardeman, who was awarded more than $80 million in March after a federal jury found exposure to Roundup caused his non-Hodgkin lymphoma.

The trial was the second of three cases, all of which Monsanto has lost and resulted in jury verdicts of more than $2 billion. In re: Roundup Products Liability Litigation, 16-MD02741 (N.D. Cal., filed Oct. 4, 2016).

Monsanto has maintained the majority of domestic and international regulators agree glyphosate, Roundup's active ingredient, is safe.

The allegations come in the wake of mounting evidence Monsanto took extraordinary steps to affect the science and regulators over its blockbuster weedkiller. All three trials have featured evidence of Monsanto attempting to suppress studies unfavorable to its position and ghostwriting others.

Bayer acknowledge last week Monsanto ran a European surveillance project, in conjunction with U.S. public relations agency FleishmanHillard, to compile a list of lawmakers, regulators and journalists to attempt to influence their positions on Roundup.

On Tuesday the company hired Sidley Austin LLP to investigate the matter. French prosecutors also opened an investigation after a complaint was filed by Le Monde, a daily French newspaper.

Bayer declined to comment on the probe but said in a statement: "We do not accept any unethical behavior in our company."

FleishmanHillard did not immediately respond to requests for comment.