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  3. Bayer Statement on Jury’s Decision in Phase 2 of California Glyphosate Trial

Bayer Statement on Jury’s Decision in Phase 2 of California Glyphosate Trial

March 27, 2019 in Media Statements

Bayer released the following statement in reaction to the phase two verdict in favor of the plaintiff in the case of Hardeman v Monsanto, a trial conducted in the federal glyphosate multi-district litigation before Judge Vince Chhabria in the Northern District of California. 

“We are disappointed with the jury’s decision, but this verdict does not change the weight of over four decades of extensive science and the conclusions of regulators worldwide that support the safety of our glyphosate-based herbicides and that they are not carcinogenic. The verdict in this trial has no impact on future cases and trials, as each one has its own factual and legal circumstances. Bayer will appeal this verdict.  

“The jury in this case deliberated for more than four days before reaching a causation verdict in phase one, an indication that it was very likely divided over the scientific evidence. The legal rulings under which the court admitted expert scientific testimony from the plaintiff that it called ‘shaky’ is one of several significant issues that the Company may raise on appeal. Monsanto moved to exclude this same evidence before trial. 

“We have great sympathy for Mr. Hardeman and his family. Bayer stands behind these products and will vigorously defend them.” 

“Roundup products and their active ingredient, glyphosate, 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. Regulatory authorities around the world consider glyphosate-based herbicides as safe when used as directed. 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. As Health Canada noted in a very recent statement, ‘no pesticide regulatory authority in the world currently considers glyphosate to be a cancer risk to humans at the levels at which humans are currently exposed.’” 

For more information on Roundup, visit https://www.bayer.com/en/glyphosate-roundup.aspx. 

January 2, 2020
HardemanMDL
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Five-Point Plan to address potential future Roundup™ claims

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.

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For more information on glyphosate herbicides, visit: https://www.bayer.com/en/glyphosate-roundup.aspx.

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