Exclusive Probe of Musk’s Neuralink to Scrutinize Long-Criticized U.S. Animal Welfare Regulator by Reuters

By Rachael Levy, Sarah N. Lynch, and Marisa Taylor

Law enforcement agencies are looking into Elon Musk’s Neuralink Corp regarding its animal trial program, specifically examining the oversight provided by the U.S. Department of Agriculture (USDA). This scrutiny follows the USDA’s past inaction on violations at similar research organizations, as reported by individuals familiar with the investigation.

A recent report indicated that the USDA’s Office of the Inspector General is investigating Neuralink for potential animal welfare violations. This inquiry was initiated by a federal prosecutor from the U.S. Attorney’s Office for the Northern District of California.

Details on the specific violations under investigation remain unclear. However, prior findings highlighted several experiments involving 86 pigs and two monkeys that experienced significant human errors, diminishing the validity of the research and necessitating the repetition of these tests, resulting in the death of additional animals.

Despite the USDA having cleared Neuralink during multiple inspections over the last three years, federal investigators believe there are grounds to reassess the agency’s oversight as animal welfare issues are evaluated. This concern is reinforced by criticisms aimed at the USDA’s effectiveness, with watchdog reports indicating that the agency faces a significant backlog and struggles to address severe violations.

In a 2014 report, the watchdog revealed that the USDA’s enforcement office had accumulated over 2,000 cases, making it difficult for animal inspectors to respond promptly to serious infractions. A spokesperson for the USDA noted that they could not comment on the Neuralink-specific investigation and referred all inquiries to the inspector general, who also declined to comment.

The USDA’s oversight of Neuralink’s practices came under additional scrutiny following its handling of a notable case involving Envigo, a research facility that breeds dogs. In that instance, law enforcement ultimately intervened, resulting in civil charges against the company, including a consent decree that mandated the release of around 4,000 beagles to animal welfare organizations.

Analysis of the USDA’s operations and interviews with current and former employees, lawmakers, and animal welfare experts suggest that the agency is significantly overextended, with only 122 inspectors responsible for monitoring over 11,000 facilities, including laboratories, breeders, and zoos. Critics have long argued that the agency lacks the necessary resources to hold researchers accountable for noncompliance with animal welfare regulations.

The Animal Welfare Act only regulates certain animals used in research, excluding mice and rats, which constitute the majority of laboratory animals. Research facilities are required to establish committees to oversee the use and care of animals, with minimal independence requirements that contrast sharply with the oversight needed in human trials.

Neuralink’s animal care operations, directed by Autumn Sorrells, reportedly include a committee comprised mainly of Neuralink employees and a few outsiders. The company asserts that it prioritizes animal welfare and seeks to minimize animal testing.

Critics have pointed out that the penalties for any violations are often inconsequential compared to the resources at the disposal of the offending institutions. Additionally, past reports have shown that the majority of infractions do not lead to significant consequences, with many merely resulting in warnings or no action.

In conclusion, ongoing discussions regarding the adequacy of the USDA’s animal welfare enforcement emphasize the need for a reevaluation of resources and oversight mechanisms, particularly in light of the allegations surrounding Neuralink and similar organizations.