Bayer, the agrochemical maker, and attorneys for cancer patients have announced a proposed $7.25 billion settlement to resolve numerous lawsuits in the U.S. alleging that the company failed to warn consumers about the potential cancer risks associated with its popular weedkiller, Roundup.
This proposed settlement comes as the U.S. Supreme Court is set to hear arguments in April regarding Bayer’s argument that the U.S. Environmental Protection Agency’s approval of Roundup without a cancer warning should invalidate claims filed in state courts. However, this proposed settlement would not be affected by the outcome of that case.
The settlement would provide some certainty for both the patients and Bayer. Patients would receive settlement money regardless of the Supreme Court’s ruling, and Bayer would be protected from potentially larger costs if the court rules against them.
Bayer, which acquired Roundup maker Monsanto in 2018, has consistently denied that glyphosate, the key ingredient in Roundup, can cause non-Hodgkin lymphoma. However, the company has expressed concerns about the mounting legal costs affecting its ability to continue selling the product in U.S. agricultural markets.
The proposed settlement, filed in St. Louis Circuit Court in Missouri, where many of the lawsuits originated, still requires court approval.
The settlement payouts would vary depending on factors such as how the individuals used Roundup, their age at diagnosis, and the severity of their non-Hodgkin lymphoma. The proposed settlement establishes a special fund into which Bayer would make annual payments for up to 21 years, totaling $7.25 billion.
Bayer has already ceased using glyphosate in Roundup products sold for residential lawn and garden use in the U.S., but it remains in agricultural products. While some studies have linked glyphosate to cancer, the EPA maintains that it is not likely to be carcinogenic when used correctly.
The company is arguing that federal pesticide laws preempt states from requiring additional labeling and warnings on products, which would prevent failure-to-warn lawsuits under state laws. The Supreme Court is set to hear Bayer’s appeal in a Missouri case where a man was awarded $1.25 million for developing non-Hodgkin lymphoma after using Roundup.
President Donald Trump’s administration has supported Bayer’s position, opposing legal immunity for the company, which has led to some controversy among supporters of public health initiatives.
In addition to the settlement, Bayer has been lobbying state legislatures to protect pesticide manufacturers from failure-to-warn lawsuits when their products comply with federal labeling requirements. Some states, like North Dakota and Georgia, have already enacted laws to provide this protection.
Overall, the proposed settlement aims to address the remaining lawsuits and provide compensation to affected individuals while allowing Bayer to move forward and potentially continue selling Roundup in the U.S. agricultural market.
