(Beyond Pesticides, October 15, 2012) California’s Proposition 37, which would require mandatory labeling on genetically engineered (GE) foods, is facing a strong challenge as tens of millions of conventional food industry dollars have poured into television advertisements before the November 6th election. Poll results released Thursday by the Pepperdine University School of Public Policy and the California Business Roundtable show that 48.3% of respondents would vote yes for the measure on Nov. 6, while 40.2% would vote no. Prop 37 was authored by James Wheaton, president of the Environmental Law Foundation. Earlier this year, the California Right to Know campaign gathered 971,126 petition signatures for Prop 37, nearly double the 555,236 signatures required to qualify for inclusion on the ballot. As it currently stands, over 40 countries around the world, including all of Europe, Japan, and China have the right to know whether they are eating GE food. While opponents of the initiative are attempting to mislead the public about the costs of the proposition, an economic assessment from Joanna M. Shepherd-Bailey, Ph.D. of Emory University School of Law reveals that the initiative would not result in any additional expense to the taxpayers of California; Prop 37 is self-enforced and […]

(Beyond Pesticides, October 3, 2012) A study published this week by Washington State University’s research professor Charles Benbrook, PhD, finds that the use of herbicides in the production of three genetically engineered herbicide-tolerant crops -cotton, soybeans and corn- has actually increased, contrary to industry claims that the technology would reduce pesticide applications. While Dr. Benbrook’s analysis is the first peer-reviewed, published estimate of the impacts of genetically engineered (GE) herbicide-tolerant crops on pesticide use, scientists have been raising the alarm over the mounting numbers of herbicide resistant weeds. This herbicide resistance finding, which contradicts chemical industry claims, is based on an exhaustive analysis of publicly available data from the U.S. Department of Agriculture’s National Agriculture Statistics Service. In the study, “Impacts of genetically engineered crops on pesticide use in the U.S. — the first sixteen years,” which appears in the peer-reviewed journal Environmental Sciences Europe, Dr. Benbrook writes that the emergence and spread of glyphosate-resistant weeds is strongly correlated with the upward trajectory in herbicide use. Marketed as Roundup and other trade names, glyphosate is a broad-spectrum systemic herbicide used to kill weeds. Approximately 95 percent of soybean and cotton acres, and over 85 percent of corn, are planted to […]

(Beyond Pesticides, October 2, 2012) The herbicide atrazine may be linked to an amplified risk of choanal atresia, a congenital abnormality of the nasal cavity, according to researchers at Baylor College of Medicine and other Texas institutions. Choanal atresia is recognized when tissue formed during fetal development blocks an infant’s nasal cavity. Though it is a rare condition, it is considered quite serious because it can affect an infant’s ability to breathe. The study, scheduled for publication in The Journal of Pediatrics, focused on atrazine because, although there are very few risk factors for choanal atresia, endocrine disrupting chemicals are suspected to be associated with the condition. “Endocrine disrupters aren’t fully understood, but it is believed they interfere with or mimic certain hormones, thereby blocking their proper function and potentially leading to adverse outcomes,” said Dr. Phillip Lupo, lead author of the study. Looking at mothers from Texas counties with the highest levels of estimated atrazine application, researchers discovered that they are 80 percent more likely to have children with choanal atresia or stenosis (a less severe form of the condition) than compared to mothers who live in counties with the lowest levels. The herbicide atrazine and over 50 other […]

(Beyond Pesticides, September 19, 2012) The environmental news magazine Earth Focus has launched a new video through Link TV that examines the threat of colony collapse disorder (CCD), and the roll that our regulatory systems and industry plays in the loss of honey bees. The video, Killing Bees: Are Government and Industry Responsible?, features interviews by Beyond Pesticides’ Executive Director Jay Feldman, beekeepers Tom Theobald and David Hackenberg, as well as other experts. Honey bees, the essential pollinators of many of our major crops have been dying of in massive numbers since 2006. This threatens the US agricultural system and the one in twelve American jobs that depends on it. There is growing evidence that a new class of pesticides -nerve toxicants called neonicotinoids- used on most U.S. crops, including almost all corn, may be toxic to bees. The U.S. Environmental Protection Agency allowed neonicotinoids on the market without adequate tests to determine their toxicity to bees. Environmentalists want neonicotinoids banned until needed safety tests are done. While the U.S. government is slow to act and neonicotinoid sales reap billions for the chemical industry, bees continue to die. The video is available to stream or download on Link TV’s website, […]

(Beyond Pesticides, September 18, 2012) Take Action! On September 25, EPA will close its public comment period for the petition requesting the agency to suspend the bee-killing pesticide clothianidin. The U.S Environmental Protection Agency (EPA) has failed to recognize that pollinators face unique hazards from clothianidin, a neonicotinoid pesticide which is linked to disruptions in bee mobility, navigation, and feeding behavior. So far thousands of concerned beekeepers, gardeners, hobbyists and folks like you have told EPA to suspend clothianidin and protect pollinators now! Without your support, clothianidin’s effects on honey bees will continue to put beekeepers, rural economies, and our food system at risk. With one in three bites of food reliant on honey bee pollination, it’s imperative that we act now! Tell EPA to suspend the use of the bee-killer clothianidin and protect pollinators. See sample comments here. If you are having trouble submitting to the docket, click here. Background Colony Collapse Disorder (CCD) is the name given to the mysterious decline of honey bee populations around the world beginning in 2006. On average, the U.S. Department of Agriculture (USDA) reports that beekeepers have been losing over 30% of their honey bee colonies each year—but some are losing many […]

(Beyond Pesticides, September 17, 2012) Citizens in rural Oregon are concerned for their health after discovering that several major timber companies —Weyerhaeuser, Roseburg Resources, Stimson Lumber, Seneca Jones and others— have been spraying millions of pounds of herbicides on their private forestland since the 1970s. The pesticides were aerially sprayed after the area had been clear-cut of Douglas fir. This process of clear-cutting and aerial spraying for lumber production is ubiquitous on private forest land in Oregon’s $13 billion timber industry. In practice, pesticides are sprayed twice a year, usually in the fall and spring, and the spraying can last for several hours. It is unclear how many residents have been affected by the spraying, though a rough estimate based on U.S. Census data shows about 100,000 residents live near these privately owned forests. Many of these herbicides are turning up in very concerning places. Over the past year, forty one residents, including several children, have submitted their urine to be tested for pesticides, and every sample has tested positive for the chemicals 2,4-D, and atrazine. The presence of atrazine is particularly concerning because it is very mobile in the environment, and should be able to pass through the body […]

(Beyond Pesticides, September 11, 2012) Lawn company giant, Scotts Miracle-Gro Co., pleaded guilty to numerous charges of misleading consumers with unapproved labels and falsifying insecticide registrations, including using toxic chemicals in wild bird food. Scotts was ordered to pay $12.5 million in criminal fines, the largest penalty ever set under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Scotts admitted to using Storcide II and Actellic 5E to prevent insects from damaging the bird food in storage, even though it knew both chemicals were toxic to birds, fish, and other wildlife. In 2008, Scotts Miracle-Gro ceased sales of the tainted birdseed but not before 70 million units of the pesticide-tainted food was sold. The sentence imposed in federal court in Columbus, Ohio, includes a $4 million criminal fine, the Justice Department said. Separately, the company agreed to pay more than $6 million in civil penalties to the U.S. Environmental Protection Agency (EPA) and contribute $500,000 to organizations to protect bird habitats and restore and protect 300 acres of land to prevent runoff of pesticides into waterways —valued at $2 million. EPA has identified more than 100 products produced or sold by Scotts Miracle-Gro that violated the federal pesticide laws over […]

(Beyond Pesticides, September 7, 2012) Yesterday, Beyond Pesticides joined with the Center for Food Safety and the Sierra Club, along with beekeepers from around the country, to file a 60-Day Notice letter with the Environmental Protection Agency (EPA) announcing the intent to jointly sue the agency for Endangered Species Act (ESA) violations. The potential lawsuit highlights EPA’s continuing failure to ensure, through consultation with the U.S. Fish and Wildlife Service, that its numerous product approvals for the neonicotinoid insecticides clothianidin and thiamethoxam are not likely to jeopardize any federally-listed threatened or endangered species. “EPA has failed to uphold the clear standards of the Endangered Species Act,” said Peter Jenkins, attorney at the Center for Food Safety. “By continuing to ignore the growing number of reports and studies demonstrating the risks of neonicotinoids to honey bees and a large number of already threatened and endangered species, the EPA is exposing these already compromised populations to potentially irreversible harm.” The Notice of Intent to Sue follows a legal petition previously filed by several environmental organizations and more than two dozen beekeepers requesting that EPA immediately suspend use of the chemical clothianidin that poses fatal harm to pollinators. While refusing to issue an […]

(Beyond Pesticides, August 28, 2012) New research reveals that bats may be at greater risk from pesticide exposure than previously suspected. When foraging at dusk, bats can be exposed to agricultural chemicals by eating insects recently sprayed with pesticides. A study from the University of Koblenz-Landau in Germany reveals that bats, due to their long life span and tendency to only have one offspring at a time, are particularly sensitive to reproductive effects from pesticides. The study, “Bats at risk? Bat activity and insecticide residue analysis of food items in an apple orchard,” published in Environmental Toxicology and Chemistry, details the health effects of bats foraging on insects in an apple orchard after it was sprayed with the insecticides fenoxycarb and chlorpyrifos. After field applications of the pesticides, scientists measured the remaining chemical residues on flies, moths and spiders for two weeks. The highest residues were recorded on leaf dwelling insects and spiders, while lower contamination was found for flying insects. Based on this data scientists calculated exposure scenarios for different bat species, each with different feeding habits, and found that those which fed off insects from the leaves of fruit trees to be most affected. Researchers indicated that current […]

(Beyond Pesticides, August 24, 2012) U.S. Representative Edward Markey, (D-MA) has sent a letter to the U.S. Environmental Protection Agency (EPA) urging it to investigate a possible link between the use of common pesticides and reductions in honey bee populations. The letter comes as EPA is accepting public comments on a legal petition filed by beekeepers and environmental groups seeking to suspend the use of the neonicotinoid pesticide clothianidin, which has been linked to serious pollinator health concerns. In his letter to the EPA, Rep. Markey asks the agency to respond to questions, including: ”¢Has the EPA investigated the impacts of the class of pesticides on honey bees and other pollinators? ”¢What steps has EPA taken, and what more can the agency do, to limit or restrict the use of these pesticides and reduce the impact on bee populations? ”¢What steps is the EPA taking to ensure there is sufficient scientific evidence to make informed decisions about the impacts of neonicotinoids on bees and other pollinators? Bee pollination contributes an estimated $15 billion to the agricultural economy. Yet, recent research has found that certain members of a group of related pesticides, known as neonicotinoids, may be jeopardizing bee populations and […]

(Beyond Pesticides, August 9, 2012) On Monday, Beyond Pesticides joined with 23 public health and environmental advocacy groups to send a letter to the U.S Environmental Protection Agency (EPA), urging it to follow through with its original plan to cancel the sale of most toxic rat poisons to residential consumers. In 2008, after over a decade of these products being on the market and widely available to consumers, EPA gave manufactures three years to comply with new risk mitigation requirements for rat poisons. However, the companies Reckitt Benckiser, Liphatech, and Spectrum Brands, producers of d-Con, Rid-a-Rat, and Hot Shot each decided to flout EPA requirements and ignore compliance with the regulations. The letter urges EPA to follow through with its ”˜Notice of Intent to Cancel’. It also instructs the agency to issue an order for emergency suspension of these products under FIFRA section 6(c), based on evidence of imminent hazard to human health and to wildlife. While the cancellation of these products will better safeguard the health of children, pets, and wildlife, EPA’s risk mitigation requirements do not go far enough to ensure protections for vulnerable populations. Children are particularly at risk for exposure because young children sometimes put bait […]

(Beyond Pesticides, August 7, 2012) Like it or not, Monsanto’s genetically modified sweet corn will soon be arriving on grocery store shelves of the world’s largest retailer, Wal-Mart Stores, Inc., and will not be labeled as such. Despite an onslaught of consumer pressure, the company confirmed late last week with the Chicago Tribune that it has no objection to selling the new crop of Monsanto’s genetically modified (GE) sweet corn. Other retailers, including the grocery chains Safeway and Kroger, have not responded on the issue, however Whole Foods, Trader Joes and General Mills have all vowed to not carry or use the GE sweet corn. As the country’s largest grocery retailer, Wal-Mart sells $129 billion worth of food a year, giving it unmatched power in shaping the food supply chain. The GE sweet corn is the first consumer product developed by Monsanto that will go straight from the farm to the consumer’s plate, rather than first being processed into animal feed, sugars, oils, fibers and other ingredients found in a wide variety of conventional food. It is engineered to be resistant to Monsanto’s Roundup herbicide, the active ingredient of which is glyphosate. The product is also designed to produce a […]

(Beyond Pesticides, August 3, 2012) Pesticide manufactures don’t want you to know what’s in your food. According to filings released Tuesday through the office of California’s Secretary of State, chemical company lobby groups have so far spent $750,000 in efforts to block the passage of California’s Prop 37, which would require mandatory labeling on genetically engineered (GE) foods. Opponents of the proposition raised over one million dollars this year for the “Coalition Against the Deceptive Food Labeling Scheme.” Members of this coalition include the ”˜big 6’ chemical companies Monsanto, Bayer, Syngenta, Dow, DuPont, and BASF, which have spent $375,000 alone through their exclusive lobbying group Council for Biotechnology Information. Overlapping ”˜big 6’ membership, the Grocery Manufacturer’s Association (GMA), which also includes the corporations Pepsico Inc., The Coca-Cola Company, and Kelloggs, recently stated in a speech at the American Soybean Association that defeating the California initiative is “the single highest-priority of the GMA this year,” according to a story in The Huffington Post. GMA has also spent $375,000 this year lobbying against Prop 37. “The Big Six chemical & seed companies are working diligently to monopolize the food system at the expense of consumers, farmers and smaller seed companies,” said Philip […]

(Beyond Pesticides, July 30, 2012) The U.S. Environmental Protection Agency (EPA) has opened a 60-day public comment period on the agency’s decision to deny the request by beekeepers to immediately suspend the use of clothianidin, a pesticide that poses harm to pollinators. The legal petition was filed earlier this year by 25 beekeepers and environmental organizations, and cites significant acute and chronic bee kills across the United States linked to neonicotinoid pesticides, particularly clothianidin. On Thursday, Senator Kirsten Gillibrand (D-NY), a member of the Senate Agriculture Committee, called for an expedited review of pesticides that could be inadvertently decimating honey bee populations. The letter is also signed by Senators Patrick Leahy (D-VT) and Sheldon Whitehouse (D-RI). EPA is not expected to complete its review until 2018, and any implementation plans could take years beyond that to complete. Given that Colony Collapse Disorder (CCD) has decreased the U.S. bee population by 30 percent since 2006, Senator Gillibrand is urging a quicker timeframe, asking that it be completed by the end of next year. “Our agriculture industry is vital to the upstate New York’s economy,” Senator Gillibrand said. “Our farmers need honey bees to pollinate our crops and produce. However, certain pesticides […]

(Beyond Pesticides, July 26, 2012) The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced this week that it is formally deregulating a line of sugar beets genetically engineered (GE) to resist applications of the herbicide glyphosate. Developed by chemical and seed giant Monsanto Co., the new sugar beets, referred to as “Roundup Ready” (RR), were found by APHIS to not present a risk of becoming a plant pest risk and that they will and are not likely to cause a significant environmental impact. Environmental and public interest advocates, however, point to the fact that the proliferation of glyphosate-tolerant crops has already led to increased pesticide resistance among weeds, and increased pesticide use. The planting of engineered sugar beets brings with it the risk of genetic drift and cross contamination of pollen into non-GE and organic fields growing sugar beets or other related crops, such as table beets, spinach, swiss chard, and quinoa. APHIS originally deregulated RR sugar beets in 2005. A coalition of environmental groups and organic seed companies, led by the Center for Food Safety, challenged the USDA approval in 2008. It argued that GE sugar beets would contaminate organic and non-GE farmers of […]

(Beyond Pesticides, July 20, 2012) On Thursday, July 19, the U.S. Environmental Protection Agency (EPA) announced it had formally refused to recognize that honey bees face an “imminent hazard” and denied a request by beekeepers to immediately suspend the use of pesticides that pose harm to pollinators. The decision comes in response to a legal petition filed earlier this year by twenty-five beekeepers and environmental organizations, citing significant acute and chronic bee kills across the United States linked to neonicotinoid pesticides, particularly clothianidin. “We’re disappointed. EPA has signaled a willingness to favor pesticide corporations over bees and beekeepers,” said Steve Ellis, a petitioner and owner of Old Mill Honey Co, with operations in California and Minnesota. “This decision puts beekeepers, rural economies and our food system at risk. And the injury we are sustaining this year will be unnecessarily repeated.” This spring and summer, beekeepers from New York to Ohio and Minnesota, are reporting extraordinarily large bee die-offs, due, in part, to exposure to neonicotinoid pesticides. The die-offs are similar to what beekeepers have reported in the past few weeks in Canada (where EPA has admitted there are 120 bee kill reports, a huge number). On average, the U.S. Department […]

(Beyond Pesticides, July 13, 2012) Seventy-five family farmers, seed businesses, and agricultural organizations representing over 300,000 individuals and 4,500 farms filed a brief on July 5, 2012 with the United States Court of Appeals for the Federal Circuit in Washington asking the appellate court to reverse a lower court’s decision from February dismissing their protective legal action against agricultural giant Monsanto’s patents on genetically engineered seed. The plaintiffs brought the preemptive case against Monsanto in March 2011 in the Southern District of New York and specifically seek to defend themselves from nearly two dozen of Monsanto’s most aggressively asserted patents on GMO seed. They were forced to act preemptively to protect themselves from Monsanto’s abusive lawsuits, fearing that if GMO seed contaminates their property despite their efforts to prevent such contamination, Monsanto will sue them for patent infringement. Beyond Pesticides signed on as a plaintiff in the suit in June 2011. “Monsanto is known for bullying farmers by making baseless accusations of patent infringement,” said attorney Dan Ravicher of the not-for-profit legal services organization Public Patent Foundation (PUBPAT), which represents the plaintiffs in the suit against Monsanto known as Organic Seed Growers and Trade Association et al. v Monsanto. “They’ve […]

(Beyond Pesticides, July 6, 2012) The agribusiness conglomerate DuPont has received more than 30,000 damage claims arising from its sale of a pesticide that resulted in death and injury to hundreds of thousands of evergreen trees, particularly Norway spruce and white pine. DuPont marketed the pesticide, sold under the trade name Imprelis, based on a conditional registration that the U.S. Environmental Protection Agency (EPA) granted in 2010. Soon after Imprelis became commercially available the next spring, EPA began receiving widespread reports of tree death and injury from landscapers and residential users who had applied the pesticide according to its label conditions. EPA issued an immediate stop sale order for Imprelis on August 11, 2011 after DuPont submitted reports of more than 7,000 reports of tree damage. The New York Times reports that DuPont has set aside $225 million for claims that have already been submitted, and that the payout could ultimately reach $575 million. These figures do not include costs related to a class-action lawsuit filed by thousands of homeowners, landscapers and others, consolidated in federal court in Philadelphia. Some claimants are frustrated by the pace of the claims process and communications from the company. “We’re hearing nothing,” said Janet […]

(Beyond Pesticides, July 3, 2012) Several organizations, including Occupy Wall Street Maui and GMO-Free Maui, as well as over 100 concerned citizens, held a protest on Thursday, June 28 in front of the Monsanto Corporation headquarters in Kunia on the Island of Oahu, Hawaii. According to the organizers, the protesters met in Kunia and marched over a half mile to the Monsanto, compound for two hours of roadside sign-waving and chanting, demanding that Monsanto leave Hawaii and saying they need real food not exported GMO seeds and chemical contamination. The group also demands that genetically engineered (GE) food be labeled. The protesters wore masks to protect themselves from pesticide drift and GE spores, and received lots of support from many in passing cars that honked their horns and waved in support. According to organizers, a nearby resident even came to find out what was going on and soon donned a mask himself as he was unaware of the dangers so close to his house. The resident expressed concern about the large trucks and equipment operating at night at Monsanto’s fields. Monsanto operates about 8,000 acres in Hawaii for GE seed production. According to organizers, these operations use the most valuable […]

(Beyond Pesticides, July 2, 2012) The French Ministry of Agriculture has issued a ban on the neonicotinoid pesticide thiamethoxam due to concerns over the chemical’s impacts on pollinators, especially honey bees. The pesticide product containing thiamethoxam, Cruiser OSR, is manufactured by Swiss chemical giant Syngenta and has been used as a seed treatment on canola seed. The French Agriculture Minister, Stephane Le Foll, had announced in June that his agency was considering a ban on the pesticide and asked Syngenta to submit any new data the company had on the chemical. Apparently finding this data insufficient evidence that thiamethoxam was safe for pollinators, the agency withdrew the permit for Cruiser OSR last Friday. The ban is expected to take effect at the start of the next canola planting season in late summer. Thiamethoxam is a neonicotinoid insecticide used to coat seeds prior to planting. When the seed germinates, the plant that grows from it takes the chemical up through its vascular system and expresses it through pollen, nectar, and guttation droplets from which bees forage and drink. Thiamethoxam is very closely related to another neonicotinoid insecticide, clothianidin. When insects ingest thiamethoxam, their digestive system metabolizes it to clothianidin, killing the […]

(Beyond Pesticides, June 25, 2012) The Canadian governmental authority responsible for pesticide registration has expanded its re-evaluation of neonicotinoid pesticides to include two additional compounds linked to honey bee deaths and Colony Collapse Disorder (CCD). Health Canada’s Pest Management Regulatory Agency (PMRA) announced on June 12 that it has added clothianidin and thiamethoxam and their associated products to its ongoing re-evaluation of imidacloprid. The re-evaluation of these pesticides will focus on resolving issues related to environmental risk and specifically the potential effects of neonicotinoids on pollinators. The re-evaluation will consider all agricultural uses of neonicotinoid insecticides, including soil applications, seed treatment, as well as foliar and greenhouse uses. The Canadian announcement follows France’s decision earlier this month to initiate its own review for thiamethoxam that could result in the cancelation of allowances for using the pesticide. Neonicitinoids are highly toxic to a range of insects, including honey bees and other pollinators. They are taken up by a plant’s vascular system and expressed through pollen, nectar, and gutation droplets from which bees forage and drink. Neonicotinoids are particularly dangerous because, in addition to being acutely toxic in high doses, they also result in serious sublethal effects when insects are exposed to […]

(Beyond Pesticides, June 4, 2012) France’s Agriculture Minister Stephane Le Foll announced plans on Friday to cancel Swiss manufacturer Syngenta’s registration to treat canola seed with the neonicotinoid insecticide thiamethoxam, a chemical cousin of the bee-killing pesticide clothianidin, in a move to protect honey bees from Colony Collapse Disorder (CCD). When honey bees are exposed to thiamethoxam, it breaks down in their bodies to, clothianidin, which Beyond Pesticides is petitioning the Environmental Protection Agency (EPA) to ban due to a preponderance of adverse effects data and inadequate registration safety testing. Both pesticides have been shown in numerous scientific studies to play a key role in CCD. As France acts to protect its pollinators from pesticides, the U.S. continues to allow the uses of theses highly toxic chemicals to continue. Tell Congress and EPA that the U.S. should join France in taking a precautionary approach to our pollinator crisis. The chemical manufacturer Syngenta has two weeks to report its own evidence before the ban officially goes into effect. If enacted, France’s Agriculture Ministry stated that the ban will take effect before the start of canola sowing season in late summer. Minister Le Foll reinforced the fact that farmers do not need […]

(Beyond Pesticides, May 30, 2012) A settlement between plaintiffs and the manufacturer of the endocrine disrupting herbicide atrazine, Syngenta, will pay $105 million to settle a nearly 8-year-old lawsuit and could help reimburse community water systems (CWS) in 45 states that have had to filter the toxic chemical from its drinking water, according to news reports. It will provide financial recoveries for costs that have been borne for decades by more than 1,887 CWSs that provide drinking water more than one in six Americans across at least 45 states. “The scope of this historic settlement is enormous and its protection of the health of millions of Americans across the country is a huge benefit to the public, the environment, and the taxpayers,” the lead plaintiffs’ lawyer Stephen M. Tillery told the media. The individual amounts that eligible CWSs will recover will be calculated based on the levels of atrazine and frequency of atrazine contamination measured in the water of impacted CWSs and the population served by each CWS. The 300 CWSs with the highest contamination levels will recover 100 percent of their costs. Atrazine Settlement Details ”¢ Under the reported settlement, Syngenta will pay $105 million to pay the claims […]