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Bayer Statement on Order Vacating Trial and Ordering Mediation in the California MDL

April 12, 2019 in Media Statements

The following is Bayer’s statement regarding an order by Judge Vince Chhabria in the District Court for the Northern District of California vacating the upcoming May 20, 2019 trial date for Stevick v. Monsanto and ordering mediation in the California MDL.

“We will of course comply with the Court’s mediation order in good faith. As this litigation is still in the early stages — with only two verdicts and no cases that have run their course through appeal — we will also remain focused on defending the safety of glyphosate-based herbicides in court, including in the ongoing Pilliod case, and through our appeal in Johnson and post-trial proceedings in Hardeman. We continue to believe strongly in the extensive body of reliable science that supports the safety of Roundup and on which regulators around the world continue to base their own independent and favorable assessments. Our customers have relied on these products for more than 40 years and we are gratified by their continued support for them.”

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.