Bayer lost yet another appeal case for its glyphosate weedkiller, Roundup. The appeal, the third of its kind, was before a California appeals court. On Monday, August 10th, the court upheld the $86 million judgment that found Bayer responsible for a couple’s cancer after using the company’s glyphosate-based Roundup weedkiller.
The German drugs and pesticides group filed the appeal in February 2020, saying they cannot reconcile the trial court’s verdict with sound science or with product clearance from the federal environment regulator. Bayer has been facing lawsuits since it bought Roundup in its $63 billion acquisition of Monsanto in 2018.
Bayer said they disagree with the appeal court’s ruling as the verdict is not based on law or the evidence at trial. The company will continue to consider its legal options and plans to file a petition with the U.S. Supreme Court. The petition before the Supreme Court will also consider another case decided against the glyphosate weedkiller in favor of another Roundup user, Edwin Hardeman.
Last year, Bayer entered a settlement deal in principle with plaintiffs but failed to win the court’s approval for a settlement agreement on handling future cases. So last month, the company announced an additional litigation provision of $4.5 billion to prepare for any unfavorable ruling by the Supreme Court. The amount is separate from the $11.6 billion the company already set aside for settlements and litigation.
Bayer plans to keep Roundup in the market, but it plans to replace the glyphosate for the U.S. residential market as its strategy to reduce the legal fallout. The company believes Roundup is safe and stands by its four decades of extensive science and assessment by leading health regulators.
If you have been adversely affected by Roundup, contact our mass tort lawyers to learn about your legal options.