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U.S. sides with Bayer in appeal of Roundup cancer lawsuit

December 23, 2019 in In The News

CBS News | By Kate Gibson

Shares of Monsanto parent Bayer surged on Monday after the U.S. government put itself in the German company’s corner, arguing that a ruling that found the pesticide Roundup caused cancer should be overturned.

In a friend of the court brief filed Friday with a San Francisco-based appeals court, the Environmental Protection Agency said it reviewed and approved the warning label on the weed-killing product, and that a jury finding based on California law should be reversed. The Department of Justice joined the EPA in weighing in on the only federal jury ruling thus far in a long-running saga over Roundup.

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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.