Bayer’s Monsanto sues mRNA COVID-19 vaccine makers

Bayer’s agrochemicals unit Monsanto has filed lawsuits in the US against the manufacturers of mRNA-based COVID-19 vaccines, claiming that they used its patent-protected technology in their products.

One lawsuit – filed in a federal court in Delaware – asserts that Pfizer/BioNTech’s Comirnaty and Moderna’s Spikevax vaccines, which generated tens of billions of dollars in revenues during the pandemic, used technology developed by Monsanto in the 1980s designed to eliminate ‘problem’ coding sequences in the building blocks of cells “to improve mRNA stability and the amount or quality of protein produced” in crops.

The technology was awarded a US patent in 2010 (No. 7,741,118) and is not due to expire until June 2027. According to the suit, Pfizer/BioNTech and Moderna used it to stabilise their mRNA vaccines.

“To develop effective mRNA medicines, defendants needed to stabilise the mRNA molecule and optimise its protein expression,” it claims, adding that they “optimised and manufactured their infringing mRNA vaccine products starting with a DNA template” and using Monsanto’s patented process.

Meanwhile, Reuters has also reported that Bayer independently filed a similar lawsuit against Johnson & Johnson in a New Jersey federal court, contending that a DNA-based process the company used in manufacturing its adenovirus vector-based COVID-19 vaccine also infringes the patent.

The shot – known as the Janssen vaccine – won emergency authorisations in the US and other markets and made blockbuster sales in the pandemic before its use diminished due to concerns about rare clotting side effects. It was withdrawn from sale in the US in 2023.

While sales are well down on their peak, Comirnaty brought in worldwide revenues of more than $3.3 billion for Pfizer and BioNTech last year, with Moderna earning $3.2 billion from Spikevax.

Bayer has said it does not intend to do anything that would restrict the commercial use of the COVID-19 vaccines – although, that is already being achieved due to changing immunisation policies in the US under the Trump administration – but is seeking damages “in an amount adequate to compensate” for the infringement of its intellectual property and royalties on sales.

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Toxic Fallout: NC Lawmakers Face Fire Over Monsanto ‘Get-Out-Of-Jail-Free’ Provision

In a move that has ignited fierce backlash, North Carolina lawmakers attempted a “gut and stuff.” By inserting a last-minute “de facto immunity provision” into an unrelated House bill, agrochemical giants like Monsanto-Bayer will be given a free pass from accountability for its products linked to cancer and infertility, depending on what happens next. 

A highly controversial policy, Monsanto-Bayer has been seeking state level labeling exemptions amid bankruptcy exploration, as the company faces over 67,000 lawsuits nationwide for its product Round Up.

The revelation, brought to light by molecular toxicologist Dr. Alexandra Muñoz, set off alarm bells among health advocates and concerned citizens alike, who quickly lit-up the phone lines. 

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Georgia Governor Signs Bill Granting Immunity for Harms Caused by Pesticides and Fertilizers

Georgia Governor Brian Kemp signed SB144 into law, which has also been referred to as an immunity bill for agrochemical businesses that sell pesticides, herbicides, and fertilizers. The bill states, “a manufacturer cannot be held liable for failing to warn consumers of health risks above those required by the United States Environmental Protection Agency.” The Georgia legislature passed the bill and was awaiting Kemp’s signature, which he finalized on Monday.

Georgia became the second state in the nation to provide manufacturer immunity for harm caused by pesticides after North Dakota signed a similar bill into law last month. Bayer has been handling tens of thousands of lawsuits related to cancer allegedly caused by Roundup, a product that Bayer owns after the agrochemical corporation purchased Monsanto in 2018. In April, The HighWire reported about Bayer’s recent court loss in which the company is required to pay over $2 billion for causing a man’s non-Hodgkin lymphoma, but the high payout amount is expected to be appealed. This case was conducted in a Georgia courtroom.

The EPA is still awaiting a court decision regarding its most recent evaluation of glyphosate’s effect on human health. The EPA currently states, “No risks of concern to human health from current uses of glyphosate.” The EPA website also states, “No evidence that glyphosate causes cancer in humans.”

Meanwhile, the passage of SB144 in Georgia means a farmer cannot sue Bayer for harms allegedly caused by Roundup because the product contains the label required by the EPA. The label states, “Keep Out of Reach of Children CAUTION See [back/ side] [panel/ booklet/ label] for [additional] first aid and precautionary statements. Alternative Text: [See container label for [complete] use directions, first aid and precautionary statements.]”

Bayer issued a statement applauding the Governor for signing the legislation. The statement said, “The signing of SB 144 by Governor Kemp demonstrates that Georgia stands with its farmers, who work tirelessly to produce safe and affordable food for communities throughout the state. We thank Governor Kemp and the legislators, farmers and ag groups that supported this important piece of legislation.”

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Genetic Scientists On Track To Create A Genetically Engineered Doomsday

Bayer’s modified soil microbes could trigger a genetically engineered doomsday for agriculture. Is that what Bayer wants? If you don’t like the toxic pollution from industrial agriculture’s synthetic nitrogen fertilizers and pesticides, Bayer and its partner, Ginkgo Bioworks, have a solution for you.

They say they’re going to swap out some of the old fossil-fuel-based agrochemicals for genetically engineered microbes. We’re no fan of pesticides and synthetic fertilizers, but let’s not jump from the frying pan into the fire! The uncontrolled spread of genetically engineered microbes could contaminate soil on such a vast scale that it could be the end of farming!

You don’t have to take our word for it, just read Ginkgo’s own report to the Securities and Exchange Commission. It’s like a sci-fi writer’s brainstorm of plots for a disaster movie:

“The release of genetically modified organisms or materials, whether inadvertent or purposeful, into uncontrolled environments could have unintended consequences …

The genetically engineered organisms and materials that we develop may have significantly altered characteristics compared to those found in the wild, and the full effects of deployment or release of our genetically engineered organisms and materials into uncontrolled environments may be unknown.

In particular, such deployment or release, including an unauthorized release, could impact the environment or community generally or the health and safety of our employees, our customers’ employees, and the consumers of our customers’ products.

In addition, if a high profile biosecurity breach or unauthorized release of a biological agent occurs within our industry, our customers and potential customers may lose trust in the security of the laboratory environments in which we produce genetically modified organisms and materials, even if we are not directly affected.

Any adverse effect resulting from such a release, by us or others, could have a material adverse effect on the public acceptance of products from engineered cells and our business and financial condition …

We could synthesize DNA sequences or engage in other activity that contravenes biosecurity requirements, or regulatory authorities could promulgate more far-reaching biosecurity requirements that our standard business practices cannot accommodate, which could give rise to substantial legal liability, impede our business, and damage our reputation.

The Federal Select Agent Program (FSAP), involves rules administered by the Centers for Disease Control and Prevention and the Animal and Plant Health Inspection Service that regulate possession, use, and transfer of biological select agents and toxins [a euphemism for bioweapons] that have the potential to pose a severe threat to public, animal, or plant health or to animal or plant products …

[W]e could err in our observance of compliance program requirements in a manner that leaves us in noncompliance with FSAP or other biosecurity rules … Third parties may use our engineered cells materials, and organisms and accompanying production processes in ways that could damage our reputation.

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Bayer Admits It Paid “Millions” in HIV Infection Cases — Just Not in English

To read the English-speaking media, you’d never know that Bayer (BAYRY) just paid “tens of millions” of dollars to end a three-decade long scandal in which the company sold HIV-contaminated blood products to haemophiliacs, thousands of whom later died of AIDS.

Ironically, Bayer’s new haemophilia iPhone app got some coverage, as did Bayer’s haemophilia research grant to the University of Florida. But you have to pick through the French and Italian news media to find out that Bayer is finally writing checks to people who got AIDS because, in the 1980s, the Cutter Biological unit of Bayer ignored federal law to recruit prisoners, intravenous drug users, and high-risk gay men as donors of the blood Cutter then used to make Factor VIII and IX, the clotting product that haemophiliacs need in order to not bleed to death. Agence France Press reported (via a Google translation):

The German group Bayer and three other labs will pay tens of millions of euros to hemophiliacs who accused them of having sold in the 1980s blood products contaminated with HIV, a source close to the deal told AFP.

The figure of tens of millions of euros in compensation “is not totally wrong,” she added. Bayer and the U.S. company Baxter are the two main parties to the agreement, she said.

A company spokesperson said:

However, “the company accepts no responsibility” in this case, and “continues to insist it has always acted responsibly and ethically.”

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