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Filing of Reply on Motion for Summary Judgment in Proposition 65 Litigation

February 13, 2020 in Filings and Rulings

On February 12, 2020, a nationwide coalition of agricultural producers and business entities that collectively represent a substantial segment of U.S. agriculture filed in the Eastern District of California in support of their motion for summary judgment in the case against the California Attorney General regarding the state’s cancer warning requirement for products containing glyphosate under California’s Proposition 65. The Court entered a preliminary injunction in February 2018 enjoining the application of Proposition 65’s warning requirement.

Read the filing here.

Bayer today provided an update on its five-point plan to address future Roundup™ litigation risk after its May 27th decision to withdraw from the national class process. The company is now in more control of important aspects of the risk mitigation process and has sketched out two basic scenarios going forward to provide a path to closure of this litigation. The first scenario is based on obtaining a favorable decision by the United States Supreme Court on a cross-cutting issue like federal preemption which would effectively and largely end the U.S. Roundup™ litigation. The second scenario assumes that the Supreme Court either declines to hear the Hardeman case or issues a ruling in favor of plaintiff – in that case the company would activate its own claims administration program.

Read about the five-point plan here.