Settlement Overview

FEBRUARY 3, 2021

Bayer Announces Agreement with Plaintiffs’ Counsel on Class Plan

Motion for preliminary approval filed for program designed to manage and resolve future Roundup™ litigation

On February 3, 2021, Bayer announced a formal agreement with plaintiffs’ class counsel on a class plan designed to manage and resolve future Roundup™ cases. Plaintiffs’ class counsel filed a motion for preliminary approval of the class agreement with Judge Vince Chhabria of the U.S. District Court for the Northern District of California, who presides over the Monsanto Roundup™ multi-district litigation. As part of the agreement, the company would be committed to pay up to $2 billion, provision for which was made and disclosed last year, to support the claims and programs covered by the class plan. The class plan is intended to be one part of a holistic solution designed to provide further closure to the Monsanto Roundup™ litigation.

The filing of a motion for preliminary approval begins the review process by the court. In structuring the plan, the parties have worked diligently to address questions previously raised by the court.

Elements of the revised plan include the establishment of a fund to compensate qualified claimants during an initial four year program, an advisory science panel whose findings would not be preclusive but can be used as evidence in potential future litigation involving class members, and a robust notice program. The plan also includes research and diagnostic programs that were part of the original class agreement. Consistent with recent actions taken by Bayer to provide greater transparency and access to glyphosate studies, the company also will seek permission from the Environmental Protection Agency (EPA) to add a reference link on the labels for its glyphosate-based products that will provide consumers with access to scientific studies and information that the company has permission to disclose or are in the public domain.

Qualifying class members over the next four years will be eligible for levels of compensatory awards based on guidelines set forth in the agreement.

Read the full class plan agreement here.

Read the motion for preliminary approval here.

Read Bayer’s press release here.

JUNE 24, 2020

Bayer Announces Agreements to Resolve Major Legacy Monsanto Litigation, Including Roundup™ Litigation

Total Payment of $10.1 billion to $10.9 billion, or €9.1 billion to €9.8 billion, to resolve current and address potential future Roundup™ litigation

On June 24, 2020, Bayer announced a series of agreements that will substantially resolve major outstanding Monsanto litigation, including U.S. Roundup™ product liability litigation. The U.S. Roundup™ resolution will bring closure to approximately 75% of the current Roundup™ litigation involving approximately 125,000 filed and unfiled claims overall. The resolved claims include all plaintiff law firms leading the Roundup™ federal multi-district litigation (MDL) or the California bellwether cases, and those representing approximately 95% of the cases currently set for trial, and establish key values and parameters to guide the resolution of the remainder of the claims as negotiations advance.

Key Provisions:

  • The company will make a payment of $8.8 billion to $9.6 billion to resolve the current Roundup™ litigation, including an allowance expected to cover unresolved claims, and $1.25 billion to support a separate class agreement to address potential future litigation.
  • Those participating in the settlement will be required to dismiss their cases or agree not to file.
  • The range of $8.8 billion to $9.6 billion covers both the agreements already signed and those that are still under negotiation.
  • The separate class agreement includes the establishment of a class of potential future plaintiffs and the creation of an independent Class Science Panel. The Class Science Panel will determine whether Roundup™ can cause non-Hodgkin’s lymphoma (NHL), and if so, at what minimum exposure levels.
  • The agreed funding for the class agreement is capped at $1.25 billion and will support research into treatment of NHL, NHL diagnostic programs in underserved areas, and assistance payments to class members who develop NHL before the Class Science Panel’s determination and are eligible on a need basis for assistance during that period.
  • The Roundup™ class agreement provisions are subject to approval by Judge Vince Chhabria of the U.S. District Court for the Northern District of California, who presides over the MDL. This process will include notice to potential class members who will be given a 150-day period to opt out of the settlement.
  • Customers, including farmers and other professional users who depend on glyphosate-based herbicides for their livelihoods, will see no change in the availability of Roundup™ products under the agreements.
  • The three cases that have gone to trial – Johnson, Hardeman and Pilliod – will continue through the appeals process and are not covered by the settlement.