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Bayer Statement in Response to Ruling on Monsanto’s Motion to Reverse Bifurcate in MDL

January 3, 2019 in Media Statements

The following is Bayer’s statement regarding a ruling by Judge Vince Chhabria to reverse bifurcate in the In re: Roundup Products Liability Litigation in the U.S. District Court for the Northern District of California. The following is Bayer’s statement regarding a ruling [link to order] by Judge Vince Chhabria to reverse bifurcate in the In re: Roundup Products Liability Litigation in the U.S. District Court for the Northern District of California. The following is Bayer’s statement regarding a ruling [link to order] by Judge Vince Chhabria to reverse bifurcate in the In re: Roundup Products Liability Litigation in the U.S. District Court for the Northern District of California.

“The Court’s decision to keep the focus of the trial on the extensive science relevant to human health is encouraging. Bayer is confident that this science demonstrates our glyphosate-based herbicides are safe for use and believes it will ultimately be determinative in this litigation.”

“Glyphosate-based herbicides have been used safely and successfully for over four decades worldwide and are a valuable tool to help farmers deliver crops to markets and practice sustainable farming by reducing soil tillage, soil erosion and carbon emissions. There is an extensive body of research on glyphosate and glyphosate-based herbicides, including more than 800 rigorous studies submitted to EPA, European and other regulators in connection with the registration process, that confirms that these products are safe when used as directed. Notably, the largest and most recent epidemiologic study – the 2018 independent National Cancer Institute-supported long-term study that followed over 50,000 pesticide applicators for more than 20 years and was published after the IARC monograph – found no association between glyphosate-based herbicides and cancer. Additionally, EPA’s 2017 post-IARC cancer risk assessment examined more than 100 studies the agency considered relevant and concluded that glyphosate is ‘not likely to be carcinogenic to humans,’ its most favorable rating.”

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.