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Silencing the Scientist: Tyrone Hayes on Being Targeted by Herbicide Firm Syngenta

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We speak with scientist Tyrone Hayes of the University of California, Berkeley, who discovered a widely used herbicide may have harmful effects on the endocrine system. But when he tried to publish the results, the chemical’s manufacturer launched a campaign to discredit his work. Hayes was first hired in 1997 by a company, which later became agribusiness giant Syngenta, to study their product, atrazine, a pesticide that is applied to more than half the corn crops in the United States, and widely used on golf courses and Christmas tree farms. When Hayes found results Syngenta did not expect — that atrazine causes sexual abnormalities in frogs, and could cause the same problems for humans — it refused to allow him to publish his findings. A new article in The New Yorker magazine uses court documents from a class action lawsuit against Syngenta to show how it sought to smear Hayes’ reputation and prevent the U.S. Environmental Protection Agency from banning the profitable chemical, which is already banned by the European Union.

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This is a rush transcript. Copy may not be in its final form.

JUAN GONZÁLEZ: Now we turn to the story of a University of California scientist who discovered that a popular herbicide may have harmful effects on the endocrine system. Tyrone Hayes was first hired in 1997 by a company that later became agribusiness giant Syngenta. They asked him to study their product, atrazine, a pesticide that is applied to more than half the corn crops in the United States and widely used on golf courses and Christmas tree farms. But after Hayes found results that the manufacturer did not expect, that atrazine causes sexual abnormalities in frogs and could cause the same problems for humans, Syngenta refused to allow him to publish his work. This was the the start of an epic feud between the scientist and the corporation.

AMY GOODMAN: Now a new article in The New Yorker magazine uses court documents from a class action lawsuit against Syngenta to show how it sought to prevent the Environmental Protection Agency from banning the profitable chemical, which is already banned by the European Union. To start with, the company’s public relations team drafted a list of four goals. Reporter Rachel Aviv writes, quote, “The first was [quote] 'discredit Hayes.' In a spiral-bound notebook, Syngenta’s communications manager, Sherry Ford, who referred to Hayes by his initials, wrote that the company could 'prevent citing of TH data by revealing him as noncredible.' He was a frequent topic of conversation at company meetings. Syngenta looked for ways to 'exploit Hayes' faults/problems.’ 'If TH involved in scandal, enviros will drop him,' Ford wrote.”

Well, for more, we’re joined by TH himself. That’s right, Tyrone Hayes is with us, professor of integrative biology at the University of California, Berkeley, joining us from the campus TV station right now in Berkeley.

Welcome to Democracy Now! Can you tell us what happened to you, how you were originally tied to Syngenta, the research you did, and what prevented you from originally publishing it?

TYRONE HAYES: Well, here at Berkeley, I was a new assistant professor. I was already studying the effects of hormones and the effects of chemicals that interfere with hormones on amphibian development. And I was approached by the manufacturer and asked to study the effects of atrazine, the herbicide, on frogs. And after I discovered that it interfered with male development and caused males to turn into females, to develop eggs, the company tried to prevent me from publishing and from discussing that work with other scientists outside of their panel.

JUAN GONZÁLEZ: What was the process within the company? As you raised your findings, what was their immediate reaction to what you had come across?

TYRONE HAYES: Well, initially they seemed sort of supportive. You know, we designed more studies. We designed more analysis. And they encouraged me to do more analysis. But as the further analysis just supported the original finding, they became less interested in moving forward very quickly, and eventually they moved to asking me to manipulate data or to misrepresent data, and ultimately they told me I could not publish or could not talk about the data outside of their closed panel.

AMY GOODMAN: And, Professor Hayes, talk about exactly what you found. What were the abnormalities you found in frogs, the gender-bending nature of this drug atrazine?

TYRONE HAYES: Well, initially, we found that the larynx, or the voice box, in exposed males didn’t grow properly. And this was an indication that the male hormone testosterone was not being produced at appropriate levels. And eventually we found that not only were these males demasculinized, or chemically castrated, but they also were starting to develop ovaries or starting to develop eggs. And eventually we discovered that these males didn’t breed properly, that some of the males actually completely turned into females. So we had genetic males that were laying eggs and reproducing as females. And now we’re starting to show that some of these males actually show, I guess what we’d call homosexual behavior. They actually prefer to mate with other males.

AMY GOODMAN: And so, where did you go with your research?

TYRONE HAYES: Well, eventually, what happened was the EPA insisted that—the Environmental Protection Agency insisted that the manufacturer release me from the confidentiality contract. And we published our findings in pretty high-ranking journals, such as Proceedings of the National Academy of Sciences. We published some work in Nature. We published work in Environmental Health Perspectives, which is a journal sponsored by the National Institutes of Health.

JUAN GONZÁLEZ: And when did you begin to get a sense that the company was organizing a campaign against you? What were the signs that you saw post the period when you published your findings?

TYRONE HAYES: Before we published the findings and before the EPA became involved, the company tried to purchase the data. They tried to give me a new contract so that they would then control the data and the experiments. They actually tried to get me to come and visit the company to get control of those data. And when I refused, I invited them to the university, I offered to share data, but they wanted to purchase the data. And then they actually—as mentioned in the New Yorker article, they actually hired scientists to try to refute the data or to pick apart the data, and eventually they hired scientists to do experiments that they claim refuted our data.

And then that escalated to the company actually—Tim Pastoor, in particular, and others from the company—coming to presentations that—or lectures that I was giving, to make handouts or to stand up and refute the data, and eventually even led to things like threats of violence. Tim Pastoor, for example, before I would give a talk, would literally threaten, whisper in my ear that he could have me lynched, or he would—quote, said he would “send some of his good ol’ boys to show me what it’s like to be gay,” or at one point he threatened my wife and my daughter with sexual violence. He would whisper things like, “Your wife’s at home alone right now. How do you know I haven’t sent somebody there to take care of her? Isn’t your daughter there?” So, eventually, it really slipped into some, you know, pretty scary tactics.

AMY GOODMAN: So, what did you do? I mean, you’re actually—I mean, this is very serious. You could bring criminal charges if you’re being threatened and stalked in this way.

TYRONE HAYES: Well, initially, I went to my vice chancellor here at the university. I went to my dean. I went to legal counsel here at the university. And I was told by legal counsel that—well, I was told, first of all, by the vice chancellor for research at the time that, “Well, you published the work. It’s over. So I don’t understand what the problem is.” And I tried to impress upon her, Beth Burnside, at the time that—you know, that it wasn’t over, that I was really being pursued by the manufacturer. And eventually, when I spoke with the lawyer here at the University, I was told that, “Well, I represent the university, and I protect the university from liability. You’re kind of on your own.” And I remember I looked at him, and I said, “But the very university, from the Latin universitas, is a collection of scholars, of teachers and students, so who is this entity, the university, that you represent that doesn’t include me?” But clearly there’s some entity that doesn’t really include us, the professors and students, and doesn’t really protect our academic freedom, I think, the way that it should.

JUAN GONZÁLEZ: I wanted to ask you about one of your critics, Elizabeth Whelan, president of the American Council on Science and Health. When The New York Times ran a critical story about the herbicide as part of its toxic water series in 2009, she referred to its reporting as, quote, “all the news that’s fit to scare.” This is a clip of Whelan from an interview on MSNBC.

ELIZABETH WHELAN: I very much disagree with the New York Times story, which is really raising concerns about a totally bogus risk. Atrazine has been used for more than 50 years. It’s very, very tightly regulated. Even the Environmental Protection Agency, which is not known for soft-pedaling about environmental chemicals, even they say it’s safe.

JUAN GONZÁLEZ: Well, it turns out that Syngenta has been a long-term financial supporter of Whelan’s organization, the American Council on Science and Health, paying them at least $100,000. Your comments on her remarks?

TYRONE HAYES: Well, again, they’re paid remarks. And one of the most disheartening things in this whole process is that many of my critics—you know, it’s one to be academic, if you come and say, “Well, we interpreted the data this way, and we want to argue about this point,” but these people really didn’t even have an opinion. These opinions were written by the manufacturer, and they were paid to put their names on them, to endorse the opinions of the manufacturer. So, you know, that’s one of the most disheartening things, that they were really just personalities for sale.

And many of the things that she’s saying there is just not true. There are—any independent study, from any scientist that’s not funded by Syngenta, has found similar problems with atrazine, not just my work on frogs. But I’ve just published a paper with 22 scientists from around the world, from 12 different countries, who have shown that atrazine causes sexual problems in mammals, that atrazine causes sexual problems in birds, amphibians, fish. So it’s not just my work in amphibians.

And also, with regards to the EPA, one of the scientific advisory panel members on the EPA that was supposed to review atrazine turns out is paid and works for Syngenta. So the whole process was tainted. And, in fact, the EPA ignored the scientific advisory panel’s opinion and actually decided to keep atrazine on the market and not to do any more studies, when that clearly wasn’t the recommendation of the scientific advisory panel.

JUAN GONZÁLEZ: I wanted to go back just a second to your remarks about your university, because obviously there are many questions about major universities around the country being, in some way or other, supported financially by the pharmaceutical or the drug industry. But you are at a prestigious university, one of the top universities in the country, at Berkeley. Do you have some concerns about how your university responded to your—in your time of need, and the attack on your academic integrity?

TYRONE HAYES: Well, they’re not just my concerns. There are many at the university who fear that the university is just becoming a corporation. You know, we’re a public university that used to get a lot more support from the state. In my lifetime, tuition was free for students. Tuition has been rising. And it’s really an effort to monetize things, and that includes scientific researchers. There’s a lot of pressure on us not just to be scholars and to teach and to do research, but also to bring in funds that will support the university. So there’s some sentiment from the university that if you are raising a concern potentially that might cause the university to lose support or to lose funders, then you won’t necessarily get the support on the campus that you need. And we’ve seen this over and over again. A colleague of mine, Ignacio Chapela, for example, was in a fairly huge battle over the same company, Novartis, and its influences over scientific research at the university.

AMY GOODMAN: Can you talk about the significance of Syngenta? First of all, is it a significant presence at the university, at UC Berkeley? But also, the significance of Syngenta as a pesticide company and all that it makes, how powerful is it?

TYRONE HAYES: Well, when they were—when I was originally consulting for the manufacturer, they were Novartis at the time. And Novartis had a big influence on the campus. There was a major deal on the campus. I understand a fifth of the biological sciences’ support was coming from Novartis. And at the time, they both made pesticides, and they made pharmaceuticals.

One of my big concerns is that, as of the year 2000—prior to the year 2000, Novartis not only made atrazine, which is used on corn, of course, which is an herbicide, but it also induces an enzyme called aromatase. It causes you to make too much estrogen. And it’s now been shown that this herbicide, atrazine, and this mechanism, is potentially involved in development of breast cancer, for example. Up until 2000, the company also made a chemical called letrozole, which did exactly the opposite: It blocked aromatase, it blocked this enzyme, it blocked estrogen production. And this chemical, letrozole, is the number one treatment for breast cancer. So this company was simultaneously in 2000 making a chemical that induced estrogen and promoted breast cancer, and making a chemical that blocked estrogen production and was being used to treat breast cancer. So there’s a clear conflict of interest there, a clear problem.

The other problems are that something like 90 percent of the seeds that we use to produce our food right now are owned by the big six pesticide companies. So, again, there’s a conflict of interest where the companies have an interest in, I guess, getting us addicted to the pesticides, to grow the seeds that they also own. And Syngenta, of course, is one of those big six, one of the big pesticide or agribusiness companies.

JUAN GONZÁLEZ: And a New Yorker that delves into your story also says that you came to find out that the company was also reading your emails. Could you talk about that?

TYRONE HAYES: Well, I originally—I had some suspicion that they had hacked into my email. And originally found out—there was a professor at Minnesota, and I was going there to give a big lecture, and this professor in the School of Public Health, Deb Dubenofsky, said that she happened to be standing in line at the airport, flying back to Minnesota, and just by coincidence she was standing behind somebody who was having a conversation on his cellphone and who identified himself as an employee of Syngenta, and he made the statement, “We have access to his email. We know where he is at all times.” So it wasn’t just paranoia on my part. I had direct evidence that they had access to my email. And at the time, I maintained a second and a third email that I could keep private, and I actually used that information, that they had access to my email, to send them information, and sometimes false information—for example, booking plane tickets through that email, because then I could sent them to the wrong place, so they wouldn’t necessarily be there to follow me when I was going to speak in other places.

AMY GOODMAN: I mean, Professor Hayes, this is stunning stuff that came out in this class action suit. The suit wasn’t brought by you, but the documents that came out that referenced you, Tyrone Hayes, TH, and trying to discredit you, trying to discredit your family, talk—that was a lawsuit that involved atrazine contaminating water supplies.

TYRONE HAYES: Yes.

AMY GOODMAN: But what was your reaction when you saw this? You suspected this. You felt you were being followed. You felt you were—they were trying to discredit you. But now you had the documents.

TYRONE HAYES: Well, you know, it’s funny. You know, the way the article reads, that I suspected—I mean, I knew. I knew Tim Pastoor. I knew Sherry Ford. I knew many of the individuals who would follow me around. I knew who they were. I knew they had access to my email. You know, so, for me, I knew that these things were happening. This guy would directly come up and make lewd comments to me and threatening comments to me. But it was the kind of thing where, you know, it sounded like something out of a movie. I couldn’t go and tell my colleagues, like, “They’re following me around, and, you know, they’re hacking into my email”—

AMY GOODMAN: Did you record?

TYRONE HAYES: —because I would look crazy.

AMY GOODMAN: Did you put on a tape recorder?

TYRONE HAYES: You know, what I found—here’s how I’ll answer that question. What I found out, that it was much more powerful for me to suggest and have them think that I recorded everything than for them to actually know what I recorded. And that actually became sort of my protection. So, when this guy came up and threatened me and threatened my wife, to then go back and go, “Oh, my god, did he record that or not?” So, it was much more powerful for me to have them think that. But you can see in their handwritten notes that they were very concerned that I was recording conversations. There’s notes that they wanted to trap me, to entice me to sue, and these kinds of things.

And my reaction now, to see it all in The New Yorker and for—you know, all this open for the world to see, is—there are two reactions. One is, I can’t believe they wrote these kinds of things down, right? That you’re plotting to, you know, investigate me and investigate my school and investigate my hometown and all these kinds of things, and you wrote it down. But my other response is, this is quite analogous to, you know, when you hear these stories of somebody who’s been in jail for murder for 10 years, and then the DNA evidence gets them out, you know, and you ask them, “Are you happy?” Well, of course I’m happy, but I’ve also been in jail for 10 years. You know what I mean? So, of course I’m happy now that these documents have all been revealed, but it’s also been a very difficult time for me for the last—and for my family, you know, for the last 10 or 15 years, for my students, as well, for the last 10 or 15 years, to be pursued this way and to be under a microscope this way and to feel threatened this way for so long.

AMY GOODMAN: As we wrap up, what’s happening with atrazine today? Where does it stand?

TYRONE HAYES: It’s still on the market. We’re still studying it. A number of studies are still coming out from around the world. One recent study has shown that male babies that are exposed in utero to atrazine, their genitals don’t develop properly. Their penis doesn’t develop properly, or they get microphallus. There are studies showing that sperm count goes down when you’re exposed to atrazine. And this is not just laboratory animals or animals in the wild; this is also humans. We use the same hormones that animals do for our reproduction. And it’s a big threat to environmental health and public health.

AMY GOODMAN: I want to thank you very much for being with us, Tyrone Hayes, a professor of integrative biology at the University of California, Berkeley, who’s devoted the past 15 years to studying atrazine, a widely used herbicide made by Syngenta. We’ll link to the article in The New Yorker magazine that reveals how the company tried to discredit Professor Hayes after his research showed atrazine causes sexual abnormalities in frogs and could cause the same problems for humans. The article is called “A Valuable Reputation: After Tyrone Hayes Said That a Chemical was Harmful, Its Maker Pursued Him.” This is Democracy Now! We’ll be back in a minute.

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