A Valuable Reputation: After Tyrone Hayes said that a chemical was harmful, its maker pursued him
In 2001, seven years after joining the biology faculty of the University of California, Berkeley, Tyrone Hayes stopped talking about his research with people he didnât trust. He instructed the students in his lab, where he was raising three thousand frogs, to hang up the phone if they heard a click, a signal that a third party might be on the line. Other scientists seemed to remember events differently, he noticed, so he started carrying an audio recorder to meetings. âThe secret to a happy, successful life of paranoia,â he liked to say, âis to keep careful track of your persecutors.â
Three years earlier, Syngenta, one of the largest agribusinesses in the world, had asked Hayes to conduct experiments on the herbicide atrazine, which is applied to more than half the corn in the United States. Hayes was thirty-one, and he had already published twenty papers on the endocrinology of amphibians. David Wake, a professor in Hayesâs department, said that Hayes âmay have had the greatest potential of anyone in the field.â But, when Hayes discovered that atrazine might impede the sexual development of frogs, his dealings with Syngenta became strained, and, in November, 2000, he ended his relationship with the company.
Hayes continued studying atrazine on his own, and soon he became convinced that Syngenta representatives were following him to conferences around the world. He worried that the company was orchestrating a campaign to destroy his reputation. He complained that whenever he gave public talks there was a stranger in the back of the room, taking notes. On a trip to Washington, D.C., in 2003, he stayed at a different hotel each night. He was still in touch with a few Syngenta scientists and, after noticing that they knew many details about his work and his schedule, he suspected that they were reading his e-mails. To confuse them, he asked a student to write misleading e-mails from his office computer while he was travelling. He sent backup copies of his data and notes to his parents in sealed boxes. In an e-mail to one Syngenta scientist, he wrote that he had ârisked my reputation, my name ⌠some say even my life, for what I thought (and now know) is right.â A few scientists had previously done experiments that anticipated Hayesâs work, but no one had observed such extreme effects. In another e-mail to Syngenta, he acknowledged that it might appear that he was suffering from a âNapoleon complexâ or âdelusions of grandeur.â
For years, despite his achievements, Hayes had felt like an interloper. In academic settings, it seemed to him that his colleagues were operating according to a frivolous code of manners: they spoke so formally, fashioning themselves as detached authorities, and rarely admitted what they didnât know. He had grown up in Columbia, South Carolina, in a neighborhood where fewer than forty per cent of residents finish high school. Until sixth grade, when he was accepted into a program for the gifted, in a different neighborhood, he had never had a conversation with a white person his age. He and his friends used to tell one another how âwhite people do this, and white people do that,â pretending that they knew. After he switched schools and took advanced courses, the black kids made fun of him, saying, âOh, he thinks heâs white.â
He was fascinated by the idea of metamorphosis, and spent much of his adolescence collecting tadpoles and frogs and crossbreeding different species of grasshoppers. He raised frog larvae on his parentsâ front porch, and examined how lizards respond to changes in temperature (by using a blow-dryer) and light (by placing them in a doghouse). His father, a carpet layer, used to look at his experiments, shake his head, and say, âThereâs a fine line between a genius and a fool.â
Hayes received a scholarship to Harvard, and, in 1985, began what he calls the worst four years of his life. Many of the other black students had gone to private schools and came from affluent families. He felt disconnected and ill-equippedâhe was placed on academic probationâuntil he became close to a biology professor, who encouraged him to work in his lab. Five feet three and thin, Hayes distinguished himself by dressing flamboyantly, like Prince. The Harvard Crimson, in an article about a campus party, wrote that he looked as if he belonged in the ârock-ânâ-ready atmosphere of New Yorkâs Danceteria.â He thought about dropping out, but then he started dating a classmate, Katherine Kim, a Korean-American biology major from Kansas. He married her two days after he graduated.
They moved to Berkeley, where Hayes enrolled in the universityâs program in integrative biology. He completed his Ph.D. in three and a half years, and was immediately hired by his department. âHe was a force of natureâincredibly gifted and hardworking,â Paul Barber, a colleague who is now a professor at U.C.L.A., says. Hayes became one of only a few black tenured biology professors in the country. He won Berkeleyâs highest award for teaching, and ran the most racially diverse lab in his department, attracting students who were the first in their families to go to college. Nigel Noriega, a former graduate student, said that the lab was a âcomfort zoneâ for students who were âjust suffocating at Berkeley,â because they felt alienated from academic culture.
Hayes had become accustomed to steady praise from his colleagues, but, when Syngenta cast doubt on his work, he became preoccupied by old anxieties. He believed that the company was trying to isolate him from other scientists and âplay on my insecuritiesâthe fear that Iâm not good enough, that everyone thinks Iâm a fraud,â he said. He told colleagues that he suspected that Syngenta held âfocus groupsâ on how to mine his vulnerabilities. Roger Liu, who worked in Hayesâs lab for a decade, both as an undergraduate and as a graduate student, said, âIn the beginning, I was really worried for his safety. But then I couldnât tell where the reality ended and the exaggeration crept in.â
Liu and several other former students said that they had remained skeptical of Hayesâs accusations until last summer, when an article appeared in Environmental Health News (in partnership with 100Reporters)* that drew on Syngentaâs internal records. Hundreds of Syngentaâs memos, notes, and e-mails have been unsealed following the settlement, in 2012, of two class-action suits brought by twenty-three Midwestern cities and towns that accused Syngenta of âconcealing atrazineâs true dangerous natureâ and contaminating their drinking water. Stephen Tillery, the lawyer who argued the cases, said, âTyroneâs work gave us the scientific basis for the lawsuit.â
Hayes has devoted the past fifteen years to studying atrazine, and during that time scientists around the world have expanded on his findings, suggesting that the herbicide is associated with birth defects in humans as well as in animals. The company documents show that, while Hayes was studying atrazine, Syngenta was studying him, as he had long suspected. Syngentaâs public-relations team had drafted a list of four goals. The first was âdiscredit Hayes.â In a spiral-bound notebook, Syngentaâs communications manager, Sherry Ford, who referred to Hayes by his initials, wrote that the company could âprevent citing of TH data by revealing him as noncredible.â He was a frequent topic of conversation at company meetings. Syngenta looked for ways to âexploit Hayesâ faults/problems.â âIf TH involved in scandal, enviros will drop him,â Ford wrote. She observed that Hayes âgrew up in world (S.C.) that wouldnât accept him,â âneeds adulation,â âdoesnât sleep,â was âscarred for life.â She wrote, âWhatâs motivating Hayes?âbasic question.â
Syngenta, which is based in Basel, sells more than fourteen billion dollarsâ worth of seeds and pesticides a year and funds research at some four hundred academic institutions around the world. When Hayes agreed to do experiments for the company (which at that time was part of a larger corporation, Novartis), the students in his lab expressed concern that biotech companies were âbuying up universitiesâ and that industry funding would compromise the objectivity of their research. Hayes assured them that his fee, a hundred and twenty-five thousand dollars, would make their lab more rigorous. He could employ more students, buy new equipment, and raise more frogs. Though his lab was well funded, federal support for research was growing increasingly unstable, and, like many academics and administrators, he felt that he should find new sources of revenue. âI went into it as if I were a painter, performing a service,â Hayes told me. âYou commissioned it, and I come up with the results, and you do what you want with them. Itâs your responsibility, not mine.â
Atrazine is the second most widely used herbicide in the U.S., where sales are estimated at about three hundred million dollars a year. Introduced in 1958, it is cheap to produce and controls a broad range of weeds. (Glyphosate, which is produced by Monsanto, is the most popular herbicide.) A study by the Environmental Protection Agency found that without atrazine the national corn yield would fall by six per cent, creating an annual loss of nearly two billion dollars. But the herbicide degrades slowly in soil and often washes into streams and lakes, where it doesnât readily dissolve. Atrazine is one of the most common contaminants of drinking water; an estimated thirty million Americans are exposed to trace amounts of the chemical.
In 1994, the E.P.A., expressing concerns about atrazineâs health effects, announced that it would start a scientific review. Syngenta assembled a panel of scientists and professors, through a consulting firm called EcoRisk, to study the herbicide. Hayes eventually joined the group. His first experiment showed that male tadpoles exposed to atrazine developed less muscle surrounding their vocal cords, and he hypothesized that the chemical had the potential to reduce testosterone levels. âI have been losing lots of sleep over this,â he wrote one EcoRisk panel member, in the summer of 2000. âI realize the implications and of course want to make sure that everything possible has been done and controlled for.â After a conference call, he was surprised by the way the company kept critiquing what seemed to be trivial aspects of the work. Hayes wanted to repeat and validate his experiments, and complained that the company was slowing him down and that independent scientists would publish similar results before he could. He decided to resign from the panel, writing in a letter that he didnât want to be âscooped.â âI fear that my reputation will be damaged if I continue my relationship and associated low productivity with Novartis,â he wrote. âIt will appear to my colleagues that I have been part of a plan to bury important data.â
Hayes repeated the experiments using funds from Berkeley and the National Science Foundation. Afterward, he wrote to the panel, âAlthough I do not want to make a big deal out of it until I have all of the data analyzed and decodedâI feel I should warn you that I think something very strange is coming up in these animals.â After dissecting the frogs, he noticed that some could not be clearly identified as male or female: they had both testes and ovaries. Others had multiple testes that were deformed.
In January, 2001, Syngenta employees and members of the EcoRisk panel travelled to Berkeley to discuss Hayesâs new findings. Syngenta asked to meet with him privately, but Hayes insisted on the presence of his students, a few colleagues, and his wife. He had previously had an amiable relationship with the panelâhe had enjoyed taking long runs with the scientist who supervised itâand he began the meeting, in a large room at Berkeleyâs Museum of Vertebrate Zoology, as if he were hosting an academic conference. He wore a new suit and brought in catered meals.
After lunch, Syngenta introduced a guest speaker, a statistical consultant, who listed numerous errors in Hayesâs report and concluded that the results were not statistically significant. Hayesâs wife, Katherine Kim, said that the consultant seemed to be trying to âmake Tyrone look as foolish as possible.â Wake, the biology professor, said that the men on the EcoRisk panel looked increasingly uncomfortable. âThey were experienced enough to know that the issues the statistical consultant was raising were routine and ridiculous,â he said. âA couple of glitches were presented as if they were the end of the world. Iâve been a scientist in academic settings for forty years, and Iâve never experienced anything like that. They were after Tyrone.â
Hayes later e-mailed three of the scientists, telling them, âI was insulted, felt railroaded and, in fact, felt that some dishonest and unethical activity was going on.â When he explained what had happened to Theo Colborn, the scientist who had popularized the theory that industrial chemicals could alter hormones, she advised him, âDonât go home the same way twice.â Colborn was convinced that her office had been bugged, and that industry representatives followed her. She told Hayes to âkeep looking over your shoulderâ and to be careful whom he let in his lab. She warned him, âYou have got to protect yourself.â
Hayes published his atrazine work in the Proceedings of the National Academy of Sciences a year and a half after quitting the panel. He wrote that what he called âhermaphroditismâ was induced in frogs by exposure to atrazine at levels thirty times below what the E.P.A. permits in water. He hypothesized that the chemical could be a factor in the decline in amphibian populations, a phenomenon observed all over the world. In an e-mail sent the day before the publication, he congratulated the students in his lab for taking the âethical stanceâ by continuing the work on their own. âWe (and our principles) have been tested, and I believe we have not only passed but exceeded expectations,â he wrote. âScience is a principle and a process of seeking truth. Truth cannot be purchased and, thus, truth cannot be altered by money. Professorship is not a career, but rather a lifeâs pursuit. The people with whom I work daily exemplify and remind me of this promise.â
He and his students continued the work, travelling to farming regions throughout the Midwest, collecting frogs in ponds and lakes, and sending three hundred pails of frozen water back to Berkeley. In papers in Nature and in Environmental Health Perspectives, Hayes reported that he had found frogs with sexual abnormalities in atrazine-contaminated sites in Illinois, Iowa, Nebraska, and Wyoming. âNow that I have realized what we are into, I cannot stop it,â he wrote to a colleague. âIt is an entity of its own.â Hayes began arriving at his lab at 3:30 a.m. and staying fourteen hours. He had two young children, who sometimes assisted by color-coding containers.
According to company e-mails, Syngenta was distressed by Hayesâs work. Its public-relations team compiled a database of more than a hundred âsupportive third party stakeholders,â including twenty-five professors, who could defend atrazine or act as âspokespeople on Hayes.â The P.R. team suggested that the company âpurchase âTyrone Hayesâ as a search word on the internet, so that any time someone searches for Tyroneâs material, the first thing they see is our material.â The proposal was later expanded to include the phrases âamphibian hayes,â âatrazine frogs,â and âfrog feminization.â (Searching online for âTyrone Hayesâ now brings up an advertisement that says, âTyrone Hayes Not Credible.â)
In June, 2002, two months after Hayesâs first atrazine publication, Syngenta announced in a press release that three studies had failed to replicate Hayesâs work. In a letter to the editor of the Proceedings of the National Academy of Sciences, eight scientists on the EcoRisk panel wrote that Hayesâs study had âlittle regard for assessment of causality,â lacked statistical details, misused the term âdose,â made vague and naĂŻve references, and misspelled a word. They said that Hayesâs claim that his paper had âsignificant implications for environmental and public healthâ had not been âscientifically demonstrated.â Steven Milloy, a freelance science columnist who runs a nonprofit organization to which Syngenta has given tens of thousands of dollars, wrote an article for Fox News titled âFreaky-Frog Fraud,â which picked apart Hayesâs paper in Nature, saying that there wasnât a clear relationship between the concentration of atrazine and the effect on the frog. Milloy characterized Hayes as a âjunk scientistâ and dismissed his âlameâ conclusions as âjust another of Hayesâ tricks.â
Fussy critiques of scientific experiments have become integral to what is known as the âsound scienceâ campaign, an effort by interest groups and industries to slow the pace of regulation. David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, wrote, in his book âDoubt Is Their Productâ (2008), that corporations have developed sophisticated strategies for âmanufacturing and magnifying uncertainty.â In the eighties and nineties, the tobacco industry fended off regulations by drawing attention to questions about the science of secondhand smoke. Many companies have adopted this tactic. âIndustry has learned that debating the science is much easier and more effective than debating the policy,â Michaels wrote. âIn field after field, year after year, conclusions that might support regulation are always disputed. Animal data are deemed not relevant, human data not representative, and exposure data not reliable.â
In the summer of 2002, two scientists from the E.P.A. visited Hayesâs lab and reviewed his atrazine data. Thomas Steeger, one of the scientists, told Hayes, âYour research can potentially affect the balance of risk versus benefit for one of the most controversial pesticides in the U.S.â But an organization called the Center for Regulatory Effectiveness petitioned the E.P.A. to ignore Hayesâs findings. âHayes has killed and continues to kill thousands of frogs in unvalidated tests that have no proven value,â the petition said. The center argued that Hayesâs studies violated the Data Quality Act, passed in 2000, which requires that regulatory decisions rely on studies that meet high standards for âquality, objectivity, utility, and integrity.â The center is run by an industry lobbyist and consultant for Syngenta, Jim Tozzi, who proposed the language of the Data Quality Act to the congresswoman who sponsored it.
The E.P.A. complied with the Data Quality Act and revised its Environmental Risk Assessment, making it clear that hormone disruption wouldnât be a legitimate reason for restricting use of the chemical until âappropriate testing protocols have been established.â Steeger told Hayes that he was troubled by the circularity of the centerâs critique. In an e-mail, he wrote, âTheir position reminds me of the argument put forward by the philosopher Berkeley, who argued against empiricism by noting that reliance on scientific observation is flawed since the link between observations and conclusions is intangible and is thus immeasurable.â
Nonetheless, Steeger seemed resigned to the frustrations of regulatory science and gently punctured Hayesâs idealism. When Hayes complained that Syngenta had not reported his findings on frog hermaphroditism quickly enough, he responded that it was âunfortunate but not uncommon for registrants to âsitâ on data that may be considered adverse to the publicâs perception of their products.â He wrote that âscience can be manipulated to serve certain agendas. All you can do is practice âsuspended disbelief.â â (The E.P.A. says that there is âno indication that information was improperly withheld in this case.â)
After consulting with colleagues at Berkeley, Hayes decided that, rather than watch Syngenta discredit his work, he would make a âpreĂŤmptive move.â He appeared in features in Discover and the San Francisco Chronicle, suggesting that Syngentaâs science was not objective. Both articles focussed on his personal biography, leading with his skin color, and moving on to his hair style: at the time, he wore his hair in braids. Hayes made little attempt to appear disinterested. Scientific objectivity requires what the philosopher Thomas Nagel has called a âview from nowhere,â but Hayes kept drawing attention to himself, making blustery comments like âTyrone can only be Tyrone.â He presented Syngenta as a villain, but he didnât quite fulfill the role of the hero. He was hyper and a little franticâhe always seemed to be in a rush or on the verge of forgetting to do somethingâand he approached the idea of taking down the big guys with a kind of juvenile zeal.
Environmental activists praised Hayesâs work and helped him get media attention. But they were concerned by the bluntness of his approach. A co-founder of the Environmental Working Group, a nonprofit research organization, told Hayes to âstop what you are doing and take time to actually construct a planâ or âyou will get your ass handed to you on a platter.â Steeger warned him that vigilantism would distract him from his research. âCan you afford the time and money to fight battles where you are clearly outnumbered and, to be candid, outclassed?â he asked. âMost people would prefer to limit their time in purgatory; I donât know anyone who knowingly enters hell.â
Hayes had worked all his life to build his scientific reputation, and now it seemed on the verge of collapse. âI cannot in reasonable terms explain to you what this means to me,â he told Steeger. He took pains to prove that Syngentaâs experiments had not replicated his studies: they used a different population of animals, which were raised in different types of tanks, in closer quarters, at cooler temperatures, and with a different feeding schedule. On at least three occasions, he proposed to the Syngenta scientists that they trade data. âIf we really want to test repeatability, letâs share animals and solutions,â he wrote.
In early 2003, Hayes was considered for a job at the Nicholas School of the Environment, at Duke. He visited the campus three times, and the university arranged for a real-estate agent to show him and his wife potential homes. When Syngenta learned that Hayes might be moving to North Carolina, where its crop-protection headquarters are situated, Gary Dicksonâthe companyâs vice-president of global risk assessment, who a year earlier had established a fifty-thousand-dollar endowment, funded by Syngenta, at the Nicholas Schoolâcontacted a dean at Duke. According to documents unsealed in the class-action lawsuits, Dickson informed the dean of the âstate of the relationship between Dr. Hayes and Syngenta.â The company âwanted to protect our reputation in our community and among our employees.â
There were several candidates for the job at Duke, and, when Hayes did not get it, he concluded that it was due to Syngentaâs influence. Richard Di Giulio, a Duke professor who had hosted Hayesâs first visit, said that he was irritated by Hayesâs suggestion: âA little gift of fifty thousand dollars would not influence a tenure hire. Thatâs not going to happen.â He added, âIâm not surprised that Syngenta would not have liked Hayes to be at Duke, since weâre an hour down the road from them.â He said that Hayesâs conflict with Syngenta was an extreme example of the kind of dispute that is not uncommon in environmental science. The difference, he said, was that the âscientific debate spilled into Hayesâs emotional life.â
In June, 2003, Hayes paid his own way to Washington so that he could present his work at an E.P.A. hearing on atrazine. The agency had evaluated seventeen studies. Twelve experiments had been funded by Syngenta, and all but two showed that atrazine had no effect on the sexual development of frogs. The rest of the experiments, by Hayes and researchers at two other universities, indicated the opposite. In a PowerPoint presentation at the hearing, Hayes disclosed a private e-mail sent to him by one of the scientists on the EcoRisk panel, a professor at Texas Tech, who wrote, âI agree with you that the important issue is for everyone involved to come to grips with (and stop minimizing) the fact that independent laboratories have demonstrated an effect of atrazine on gonadal differentiation in frogs. There is no denying this.â
The E.P.A. found that all seventeen atrazine studies, including Hayesâs, suffered from methodological flawsâcontamination of controls, variability in measurement end points, poor animal husbandryâand asked Syngenta to fund a comprehensive experiment that would produce more definitive results. Darcy Kelley, a member of the E.P.A.âs scientific advisory panel and a biology professor at Columbia, said that, at the time, âI did not think the E.P.A. made the right decision.â The studies by Syngenta scientists had flaws that âreally cast into doubt their ability to carry out their experiments. They couldnât replicate effects that are as easy as falling off a log.â She thought that Hayesâs experiments were more respectable, but she wasnât persuaded by Hayesâs explanation of the biological mechanism causing the deformities.
The E.P.A. approved the continued use of atrazine in October, the same month that the European Commission chose to remove it from the market. The European Union generally takes a precautionary approach to environmental risks, choosing restraint in the face of uncertainty. In the U.S., lingering scientific questions justify delays in regulatory decisions. Since the mid-seventies, the E.P.A. has issued regulations restricting the use of only five industrial chemicals out of more than eighty thousand in the environment. Industries have a greater role in the American regulatory processâthey may sue regulators if there are errors in the scientific recordâand cost-benefit analyses are integral to decisions: a monetary value is assigned to disease, impairments, and shortened lives and weighed against the benefits of keeping a chemical in use. Lisa Heinzerling, the senior climate-policy counsel at the E.P.A. in 2009 and the associate administrator of the office of policy in 2009 and 2010, said that cost-benefit models appear âobjective and neutral, a way to free ourselves from the chaos of politics.â But the complex algorithms âquietly condone a tremendous amount of risk.â She added that the influence of the Office of Management and Budget, which oversees major regulatory decisions, has deepened in recent years. âA rule will go through years of scientific reviews and cost-benefit analyses, and then at the final stage it doesnât pass,â she said. âIt has a terrible, demoralizing effect on the culture at the E.P.A.â
In 2003, a Syngenta development committee in Basel approved a strategy to keep atrazine on the market âuntil at least 2010.â A PowerPoint presentation assembled by Syngentaâs global product manager explained that âwe need atrazine to secure our position in the corn marketplace. Without atrazine we cannot defend and grow our business in the USA.â Sherry Ford, the communications manager, wrote in her notebook that the company âshould not phase out atz until we know aboutâ the Syngenta herbicide paraquat, which has also been controversial, because of studies showing that it might be associated with Parkinsonâs disease. She noted that atrazine âfocuses attention away from other products.â
Syngenta began holding weekly âatrazine meetingsâ after the first class-action suit was filed, in 2004. The meetings were attended by toxicologists, the companyâs counsel, communications staff, and the head of regulatory affairs. To dampen negative publicity from the lawsuit, the group discussed how it could invalidate Hayesâs research. Ford documented peculiar things he had done(âkept coat onâ) or phrases he had used (âIs this line clean?â). âIf TH wanted to win the day, and he had the goods,â she wrote, âhe would have produced them when asked.â She noted that Hayes was âgetting in too deep w/ enviros,â and searched for ways to get him to âshow his true colors.â
In 2005, Ford made a long list of methods for discrediting him: âhave his work audited by 3rd party,â âask journals to retract,â âset trap to entice him to sue,â âinvestigate funding,â âinvestigate wife.â The initials of different employees were written in the margins beside entries, presumably because they had been assigned to look into the task. Another set of ideas, discussed at several meetings, was to conduct âsystematic rebuttals of all TH appearances.â One of the companyâs communications consultants said in an e-mail that she wanted to obtain Hayesâs calendar of speaking engagements, so that Syngenta could âstart reaching out to the potential audiences with the Error vs. Truth Sheet,â which would provide âirrefutable evidence of his polluted messages.â (Syngenta says that many of the documents unsealed in the lawsuits refer to ideas that were never implemented.)
To redirect attention to the financial benefits of atrazine, the company paid Don Coursey, a tenured economist at the Harris School of Public Policy, at the University of Chicago, five hundred dollars an hour to study how a ban on the herbicide would affect the economy. In 2006, Syngenta supplied Coursey with data and a âbundle of studies,â and edited his paper, which was labelled as a Harris School Working Paper. (He disclosed that Syngenta had funded it.) After submitting a draft, Coursey had been warned in an e-mail that he needed to work harder to articulate a âclear statement of your conclusions flowing from this analysis.â Coursey later announced his findings at a National Press Club event in Washington and told the audience that there was one âbasic takeaway point: a ban on atrazine at the national level will have a devastating, devastating effect upon the U.S. corn economy.â
Hayes had been promoted from associate to full professor in 2003, an achievement that had sent him into a mild depression. He had spent the previous decade understanding his self-worth in reference to a series of academic milestones, and he had reached each one. Now he felt aimless. His wife said she could have seen him settling into the life of a ânormal, run-of-the-mill, successful scientist.â But he wasnât motivated by the idea of âwriting papers and books that we all just trade with each other.â
He began giving more than fifty lectures a year, not just to scientific audiences but to policy institutes, history departments, womenâs health clinics, food preparers, farmers, and high schools. He almost never declined an invitation, despite the distance. He told his audiences that he was defying the instructions of his Ph.D. adviser, who had told him, âLet the science speak for itself.â He had a flair for sensational storiesâhe chose phrases like âcrime sceneâ and âchemically castratedââand he seemed to revel in details about Syngentaâs conflicts of interest, presenting theories as if he were relating gossip to friends. (Syngenta wrote a letter to Hayes and his dean, pointing out inaccuracies: âAs we discover additional errors in your presentations, you can expect us to be in touch with you again.â)
At his talks, Hayes noticed that one or two men in the audience were dressed more sharply than the other scientists. They asked questions that seemed to have been designed to embarrass him: Why canât anyone replicate your research? Why wonât you share your data? One former student, Ali Stuart, said that âeverywhere Tyrone went there was this guy asking questions that made a mockery of him. We called him the Axe Man.â
Hayes had once considered a few of the scientists working with Syngenta friends, and he approached them in a nerdy style of defiance. He wrote them mass e-mails, informing them of presentations he was giving and offering tips on how to discredit him. âYou canât approach your prey thinking like a predator,â he wrote. âYou have to become your quarry.â He described a recent trip to South Carolina and his sense of displacement when âmy old childhood friend came by to update me on who got killed, whoâs on crack, who went to jail.â He wrote, âI have learned to talk like you (better than you ⌠by your own admission), write like you (again better) ⌠you however donât know anyone like me ⌠you have yet to spend a day in my world.â After seeing an e-mail in which a lobbyist characterized him as âblack and quite articulate,â he began signing his e-mails, âTyrone B. Hayes, Ph.D., A.B.M.,â for âarticulate black man.â
Syngenta was concerned by Hayesâs e-mails and commissioned an outside contractor to do a âpsychological profileâ of Hayes. In her notes, Sherry Ford described him as âbipolar/manic-depressiveâ and âparanoid schizo & narcissistic.â Roger Liu, Hayesâs student, said that he thought Hayes wrote the e-mails to relieve his anxiety. Hayes often showed the e-mails to his students, who appreciated his rebellious sense of humor. Liu said, âTyrone had all these groupies in the lab cheering him on. I was the one in the background saying, you know, âMan, donât egg them on. Donât poke that beast.â â
Syngenta intensified its public-relations campaign in 2009, as it became concerned that activists, touting ânew science,â had developed a ânew line of attack.â That year, a paper in Acta Paediatrica, reviewing national records for thirty million births, found that children conceived between April and July, when the concentration of atrazine (mixed with other pesticides) in water is highest, were more likely to have genital birth defects. The author of the paper, Paul Winchester, a professor of pediatrics at the Indiana University School of Medicine, received a subpoena from Syngenta, which requested that he turn over every e-mail he had written about atrazine in the past decade. The companyâs media talking points described his study as âso-called scienceâ that didnât meet the âguffaw test.â Winchester said, âWe donât have to argue that I havenât proved the point. Of course I havenât proved the point! Epidemiologists donât try to prove pointsâthey look for problems.â
A few months after Winchesterâs paper appeared, the Times published an investigation suggesting that atrazine levels frequently surpass the maximum threshold allowed in drinking water. The article referred to recent studies in Environmental Health Perspectives and the Journal of Pediatric Surgery that found that mothers living close to water sources containing atrazine were more likely to have babies who were underweight or had a defect in which the intestines and other organs protrude from the body.
The day the article appeared, Syngenta planned to âgo through the article line by line and find all 1) inaccuracies and 2) misrepresentations. Turn that into a simple chart.â The company would have âa credible third party do the same.â Elizabeth Whelan, the president of the American Council on Science and Health, which asked Syngenta for a hundred thousand dollars that year, appeared on MSNBC and declared that the Times article was not based on science. âIâm a public-health professional,â she said. âIt really bothers me very much to see the New York Times front-page Sunday edition featuring an article about a bogus risk.â
Syngentaâs public-relations team wrote editorials about the benefits of atrazine and about the flimsy science of its critics, and then sent them to âthird-party allies,â who agreed to âbylineâ the articles, which appeared in the Washington Times, the Rochester Post-Bulletin, the Des Moines Register, and the St. Cloud Times. When a few articles in the âop-ed pipelineâ sounded too aggressive, a Syngenta consultant warned that âsome of the language of these pieces is suggestive of their source, which suggestion should be avoided at all costs.â
After the Times article, Syngenta hired a communications consultancy, the White House Writers Group, which has represented more than sixty Fortune 500 companies. In an e-mail to Syngenta, Josh Gilder, a director of the firm and a former speechwriter for Ronald Reagan, wrote, âWe need to start fighting our own war.â By warning that a ban on atrazine would âdevastate the economiesâ of rural regions, the firm tried to create a âstate of affairs in which the new political leadership at E.P.A. finds itself increasingly isolated.â The firm held âelite dinners with Washington influentialsâ and tried to âprompt members of Congressâ to challenge the scientific rationale for an upcoming E.P.A. review of atrazine. In a memo describing its strategy, the White House Writers Group wrote that, âregarding science, it is important to keep in mind that the major players in Washington do not understand science.â
In 2010, Hayes told the EcoRisk panel in an e-mail, âI have just initiated what will be the most extraordinary academic event in this battle!â He had another paper coming out in the Proceedings of the National Academy of Sciences, which described how male tadpoles exposed to atrazine grew up to be functional females with impaired fertility. He advised the company that it would want to get its P.R. campaign up to speed. âItâs nice to know that in this economy I can keep so many people employed,â he wrote. He quoted both Tupac Shakur and the South African king Shaka Zulu: âNever leave an enemy behind or it will rise again to fly at your throat.â
Syngentaâs head of global product safety wrote a letter to the editor of the Proceedings of the National Academy of Sciences and to the president of the National Academy of Sciences, expressing concern that a âpublication with so many obvious weaknesses could achieve publication in such a reputable scientific journal.â A month later, Syngenta filed an ethics complaint with the chancellor of Berkeley, claiming that Hayesâs e-mails violated the universityâs Standards of Ethical Conduct, particularly Respect for Others. Syngenta posted more than eighty of Hayesâs e-mails on its Web site and enclosed a few in its letter to the chancellor. In one, with the subject line âAre yâall ready for it,â Hayes wrote, âYa fulla my j*z right now!â In another, he told the Syngenta scientists that heâd had a drink after a conference with their ârepublican buddies,â who wanted to know about a figure he had used in his paper. âAs long as you followin me around, I know Iâm da sh*t,â he wrote. âBy the way, yo boy left his pre-written questions at the table!â
Berkeley declined to take disciplinary action against Hayes. The universityâs lawyer reminded Syngenta in a letter that âall parties have an equal responsibility to act professionally.â David Wake said that he read many of the e-mails and found them âquite hilarious.â âHeâs treating them like street punks, and they view themselves as captains of industry,â he said. âWhen he gets tapped, he goes right back at them.â
Michelle Boone, a professor of aquatic ecology at Miami University, who served on the E.P.A.âs scientific advisory panel, said, âWe all follow the Tyrone Hayes drama, and some people will say, âHe should just do the science.â But the science doesnât speak for itself. Industry has unlimited resources and bully power. Tyrone is the only one calling them out on what theyâre doing.â However, she added, âI do think some people feel he has lost his objectivity.â
Keith Solomon, a professor emeritus at the University of Guelph, Ontario, who has received funding from Syngenta and served on the EcoRisk panel, noted that academics who refuse industry money are not immune from biases; theyâre under pressure to produce papers, in order to get tenure and promotions. âIf I do an experiment, look at the data every which way, and find nothing, it will not be easy to publish,â he said. âJournals want excitement. They want bad things to happen.â
Hayes, who had gained more than fifty pounds since becoming tenured, wore bright scarves draped over his suit and silver earrings from Tibet. At the end of his lectures, he broke into rhyme: âI see a ruse / intentionally constructed to confuse the news / well, Iâve taken it upon myself to defuse the clues / so that you can choose / and to demonstrate the objectivity of the methods I use.â At some of his lectures, Hayes warned that the consequences of atrazine use were disproportionately felt by people of color. âIf youâre black or Hispanic, youâre more likely to live or work in areas where youâre exposed to crap,â he said. He explained that âon the one side Iâm trying to play by the ivory-tower rules, and on the other side people are playing by a different set of rules.â Syngenta was speaking directly to the public, whereas scientists were publishing their research in âmagazines that you canât buy in Barnes and Noble.â
Hayes was confident that at the next E.P.A. hearing there would be enough evidence to ban atrazine, but in 2010 the agency found that the studies indicating risk to humans were too limited. Two years later, during another review, the E.P.A. determined that atrazine does not affect the sexual development of frogs. By that point, there were seventy-five published studies on the subject, but the E.P.A. excluded the majority of them from consideration, because they did not meet the requirements for quality that the agency had set in 2003. The conclusion was based largely on a set of studies funded by Syngenta and led by Werner Kloas, a professor of endocrinology at Humboldt University, in Berlin. One of the co-authors was Alan Hosmer, a Syngenta scientist whose job, according to a 2004 performance evaluation, included âatrazine defenceâ and âinfluencing EPA.â
After the hearing, two of the independent experts who had served on the E.P.A.âs scientific advisory panel, along with fifteen other scientists, wrote a paper (not yet published) complaining that the agency had repeatedly ignored the panelâs recommendations and that it placed âhuman health and the environment at the mercy of industry.â âThe EPA works with industry to set up the methodology for such studies with the outcome often that industry is the only institution that can afford to conduct the research,â they wrote. The Kloas study was the most comprehensive of its kind: its researchers had been scrutinized by an outside auditor, and their raw data turned over to the E.P.A. But the scientists wrote that one set of studies on a single species was ânot a sufficient edifice on which to build a regulary assessment.â Citing a paper by Hayes, who had done an analysis of sixteen atrazine studies, they wrote that âthe single best predictor of whether or not the herbicide atrazine had a significant effect in a study was the funding source.â
In another paper, in Policy Perspective, Jason Rohr, an ecologist at the University of South Florida, who served on an E.P.A. panel, criticized the âlucrative âscience for hireâ industry, where scientists are employed to dispute data.â He wrote that a Syngenta-funded review of the atrazine literature had arguably misrepresented more than fifty studies and made a hundred and forty-four inaccurate or misleading statements, of which â96.5% appeared to be beneficial for Syngenta.â Rohr, who has conducted several experiments involving atrazine, said that, at conferences, âI regularly get peppered with questions from Syngenta cronies trying to discount my research. They try to poke holes in the research rather than appreciate the adverse effects of the chemicals.â He said, âI have colleagues whom Iâve tried to recruit, and theyâve told me that theyâre not willing to delve into this sort of research, because they donât want the headache of having to defend their credibility.â
Deborah Cory-Slechta, a former member of the E.P.A.âs science advisory board, said that she, too, felt that Syngenta was trying to undermine her work. A professor at the University of Rochester Medical Center, Cory-Slechta studies how the herbicide paraquat may contribute to diseases of the nervous system. âThe folks from Syngenta used to follow me to my talks and tell me I wasnât using âhuman-relevant doses,â â she said. âThey would go up to my students and try to intimidate them. There was this sustained campaign to make it look like my science wasnât legitimate.â
Syngenta denied repeated requests for interviews, but Ann Bryan, its senior manager for external communications, told me in an e-mail that some of the studies I was citing were unreliable or unsound. When I mentioned a recent paper in the American Journal of Medical Genetics, which showed associations between a motherâs exposure to atrazine and the likelihood that her son will have an abnormally small penis, undescended testes, or a deformity of the urethraâdefects that have increased in the past several decadesâshe said that the study had been âreviewed by independent scientists, who found numerous flaws.â She recommended that I speak with the author of the review, David Schwartz, a neuroscientist, who works for Innovative Science Solutions, a consulting firm that specializes in âproduct defenseâ and strategies that âgive you the power to put your best data forward.â Schwartz told me that epidemiological studies canât eliminate confounding variables or make claims about causation. âWeâve been incredibly misled by this type of study,â he said.
In 2012, in its settlement of the class-action suits, Syngenta agreed to pay a hundred and five million dollars to reimburse more than a thousand water systems for the cost of filtering atrazine from drinking water, but the company denies all wrongdoing. Bryan told me that âatrazine does not and, in fact, cannot cause adverse health effects at any level that people would ever be exposed to in the real-world environment.â She wrote that she was âtroubled by a suggestion that we have ever tried to discredit anyone. Our focus has always been on communicating the science and setting the record straight.â She noted that âvirtually every well-known brand, or even well-known issue, has a communications program behind it. Atrazineâs no different.â
Last August, Hayes put his experiments on hold. He said that his fees for animal care had risen eightfold in a decade, and that he couldnât afford to maintain his research program. He accused the university of charging him more than other researchers in his department; in response, the director of the office of laboratory-animal care sent detailed charts illustrating that he is charged according to standard campus-wide rates, which have increased for most researchers in recent years. In an online Forbes op-ed, Jon Entine, a journalist who is listed in Syngentaâs records as a supportive âthird party,â accused Hayes of being attached to conspiracy theories, and of leading the âinternational regulatory community on a wild goose chase,â which âborders on criminal.â
By late November, Hayesâs lab had resumed work. He was using private grants to support his students rather than to pay outstanding fees, and the lab was accumulating debt. Two days before Thanksgiving, Hayes and his students discussed their holiday plans. He was wearing an oversized orange sweatshirt, gym shorts, and running shoes, and a former student, Diana Salazar Guerrero, was eating fries that another student had left on the table. Hayes encouraged her to come to his Thanksgiving dinner and to move into the bedroom of his son, who is now a student at Oberlin. Guerrero had just put down half the deposit on a new apartment, but Hayes was disturbed by her description of her new roommate. âAre you sure you can trust him?â he asked.
Hayes had just returned from Mar del Plata, Argentina. He had flown fifteen hours and driven two hundred and fifty miles to give a thirty-minute lecture on atrazine. Guerrero said, âSometimes Iâm just, like, âWhy donât you let it go, Tyrone? Itâs been fifteen years! How do you have the energy for this?â â With more scientists documenting the risks of atrazine, she assumed heâd be inclined to move on. âOriginally, it was just this crazy guy at Berkeley, and you can throw the Berserkley thing at anyone,â she said. âBut now the tide is turning.â
In a recent paper in the Journal of Steroid Biochemistry and Molecular Biology, Hayes and twenty-one other scientists applied the criteria of Sir Austin Bradford Hill, who, in 1965, outlined the conditions necessary for a causal relationship, to atrazine studies across different vertebrate classes. They argued that independent lines of evidence consistently showed that atrazine disrupts male reproductive development. Hayesâs lab was working on two more studies that explore how atrazine affects the sexual behavior of frogs. When I asked him what he would do if the E.P.A., which is conducting another review of the safety of atrazine this year, were to ban the herbicide, he joked, âIâd probably get depressed again.â
Not long ago, Hayes saw a description of himself on Wikipedia that he found disrespectful, and he wasnât sure whether it was an attack by Syngenta or whether there were simply members of the public who thought poorly of him. He felt deflated when he remembered the arguments heâd had with Syngenta-funded pundits. âItâs one thing if you go after me because you have a philosophical disagreement with my science or if you think Iâm raising alarm where there shouldnât be any,â he said. âBut they didnât even have their own opinions. Someone was paying them to take a position.â He wondered if there was something inherently insane about the act of whistle-blowing; maybe only crazy people persisted. He was ready for a fight, but he seemed to be searching for his opponent.
One of his first graduate students, Nigel Noriega, who runs an organization devoted to conserving tropical forests, told me that he was still recovering from the experience of his atrazine research, a decade before. He had come to see science as a rigid culture, âits own club, an ĂŠlite society,â Noriega said. âAnd Tyrone didnât conform to the social aspects of being a scientist.â Noriega worried that the public had little understanding of the context that gives rise to scientific findings. âIt is not helpful to anyone to assume that scientists are authoritative,â he said. âA good scientist spends his whole career questioning his own facts. One of the most dangerous things you can do is believe.â
*An earlier version of this article did not properly credit the organization that produced and co-published the report with Environmental Health News; it was 100Reporters.
Hayes has devoted the past fifteen years to studying atrazine, a widely used herbicide made by Syngenta. The companyâs notes reveal that it struggled to make sense of him, and plotted ways to discredit him.