The US Department of Agriculture is investigating Elon Musk's brain-computer interface company Neuralink for possible animal welfare violations amid allegations from former employees that rushed timelines are causing unnecessary mistakes.
A report Reuters published on late December 5 reviewed internal Neuralink documents and records and interviewed more than 20 current and former employees of Neuralink. The probe was opened in recent months by the USDA's Inspector General at the request of a federal prosecutor, which focuses on violations of the Animal Welfare Act that governs how animals are treated in experiments.
Tesla CEO Elon Musk looks up as he addresses guests at the Offshore Northern Seas 2022 (ONS) meeting in Stavanger, Norway on August 29, 2022.
Neuralink Under Investigation
Employees filed an internal complaint about Neuralink's animal testing being rushed which led to unnecessary suffering and deaths, as per Reuters' report. Musk's pressure to accelerate the development of his brain implant's progressive relies heavily on animal testing, the employees said.
The complaints came about as Elon Musk pressured his employees to accelerate development has resulted in botched experiments. Such failed tests have to be repeated, increasing the number of animals that will likely suffer and die. Musk and Neuralink executives have not responded to any requests for comment.
Reuters was not able to determine the full scope of the federal investigation or whether it involved problems with animal testing. The USDA also declined to comment and their regulations do not specify how many animals companies can use for research, giving leeway to companies in animal testing. Regulatory filings show that Neuralink has passed all USDA inspections.
Moreover, the news agency details a range of concerns over animal welfare raised by the employees. The Verge reported that it included a report of an experiment that 25 out of 60 pigs allegedly had the wrong size of device installed as part of the study, while some pigs were implanted with devices in the wrong vertebra that they have to euthanize to end their suffering.
Reuters also noted in their report that Neuralink has already killed about 1,500 animals, including more than 280 sheep, pigs, and monkeys since 2018. Sources have estimated that figure because the company does not keep a precise record of animals being tested and killed. The company has also been reported to test the brain implant in rats and mice.
Limited Consequences for Animal Welfare Violation
According to two animal experts who spoke to Reuters, any punishments from the USDA would be insignificant given the institutions' budget and resources.
The inspector general discovered in a study in 2014 that the USDA's maximum fine of $12,771 per day per animal is rarely imposed, and the regular fines, which may be in the couple of thousand dollar range, are perceived by violators as "a routine expense of business."
The maximum fines remain the same despite the inspector general occasionally evaluating the animal inspection program, Yahoo! News reported.
Moreover, a 2017 investigation by Delcianna Winders, a specialist in animal law at the Vermont Law and Graduate School, found that the vast majority of breaches end in warnings or no punishment at all. According to her studies, merely delivering warnings frequently fails to encourage adherence to the law.
The most recent information Reuters discovered is from Winders and the inspector general's analyses. Only two research institutions have received fines from the government this year, totaling less than $6,000 apiece, and five labs have received warnings, according to official disclosures.
Following 7,670 site inspections, the USDA's inspection service reported that in 2021 it only opened 118 cases, gave 58 official warnings, secured eight administrative orders, and suspended the license of one facility for five years. Reuters spoke with several animal welfare advocates who use these figures to support their case for increased enforcement.
Despite being required to assess every facility annually, USDA inspectors are only able to inspect roughly 65% of them, according to a report from the Congressional Research Service this year.
Eric Kleiman, a researcher at the advocacy group Animal Welfare Institute said that only 0.008% of the agency's most current $430 billion budget is allocated to enforcing the Animal Welfare Act. The statistics were validated by Reuters.
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