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  3. Bayer Statement on filing of Monsanto's Motion for Nonsuit in Pilliod Case

Bayer Statement on filing of Monsanto’s Motion for Nonsuit in Pilliod Case

April 25, 2019 in Media Statements

The following is Bayer’s statement regarding Monsanto’s Motion for Nonsuit in the Pilliod glyphosate-based herbicide trial before Judge Winifred Smith in the Superior Court of the State of California for the County of Alameda.

“Bayer believes that the plaintiffs have failed to provide sufficient evidence to support their claims, which should be dismissed on multiple grounds. These include the plaintiffs’ lack of reliable evidence to prove that our glyphosate-based herbicides caused their illnesses, to support their failure to warn claims and to establish their punitive and future economic damage claims.

“Bayer stands behind its glyphosate-based products and we will vigorously defend them.”

As outlined in our brief, plaintiffs’ claims fail for at least five reasons:

  1. A risk of NHL from glyphosate or glyphosate-based herbicides was not the prevailing or generally accepted view in the scientific community at the time Monsanto manufactured and distributed the products that allegedly caused Plaintiffs’ injuries; therefore, plaintiffs’ failure to warn claims are fatally flawed.
  2. The consumer expectations test and design defect theory are generally inapplicable to this case.
  3. Plaintiffs failed to provide reliable evidence to prove causation in light of their failure to rule out idiopathic and alternative causes that are more likely causes of Plaintiffs’ injuries than Roundup.
  4. Plaintiffs failed to meet the California legal standard for punitive damages that requires clear and convincing evidence that Monsanto acted with malice and oppression. Indeed, the undisputed evidence is that Monsanto distributed a product that all regulators determined was safe.
  5. Plaintiffs failed to adduce competent evidence of future economic damages.
January 2, 2020
JCCPPilliod
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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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