Why punitive damages get reduced

On this, our 308th Evolutionary Lens livestream, we discuss glyphosate, Roundup, Monsanto, and how science and the law are done. A benchmark scientific review paper from 2000, which established the safety of glyphosate for humans, has been retracted by the publisher, on the basis that a) the paper did not actually review the available evidence, b) the stated authors did not actually write (much of) the paper, and c) employees of Monsanto, which makes Roundup, cryptically contributed substantively to the paper. This paper never should have been published, and its retraction should prompt the EPA to revamp guidelines for the use of glyphosate. Also: peer review and scientific culture are widely gamed. And: punitive damages to injured plaintiffs, awarded by juries against corporations, are being reduced by appellate courts due to a misapplication of the 14th Amendment.

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Mentioned in this episode:

NYT on glyphosate article retraction: https://www.nytimes.com/2026/01/02/climate/glyphosate-roundup-retracted-study.html

Williams, Kroes, and Munro 2000. Safety evaluation and risk assessment of the herbicide Roundup and its active ingredient, glyphosate, for humans. Regulatory Toxicology and Pharmacology, 31(2), pp.117-165:https://www.cbs17.com/wp-content/uploads/sites/29/2019/06/Safety-Evaluation-and-Risk-Assessment-of-the-Herbicide-Roundup-and-its-Active-Ingredient-Glyphosate-for-Humans.pdf

Retraction: https://www.sciencedirect.com/science/article/pii/S0273230025002387

Journal Aims and Scope: https://www.sciencedirect.com/journal/regulatory-toxicology-and-pharmacology/about/aims-and-scope

Johnson v Monsanto (2018): https://www.wisnerbaum.com/toxic-tort-law/monsanto-roundup-lawsuit/johnson-trial-2018/

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