Bayer is attempting to reach a settlement with Roundup cancer plaintiffs while it continues to market and sell the controversial weedkiller.

The Wall Street Journal reports that shareholders who have seen their investments fall as a result of the ongoing litigation are pressuring the company to settle with claimants as prominent mediator Kenneth Feinberg works with Bayer to reach a resolution. However, as long as Roundup remains on retail shelves, it appears unlikely that Roundup lawsuits will ever stop completely.

A Unique Situation

Usually, when a corporation faces mass litigation over an allegedly defective and/or dangerous product, it will either discontinue manufacturing and selling it, modify it in some way to address the problem, or add warnings to the product label. Bayer is in an unusual position. The U.S. Environmental Protection Agency (EPA) has declared Roundup to be non-carcinogenic, and has prevented states from adding such warnings. This supports Bayer’s long-running claim that glyphosate, the active herbicidal ingredient, is safe for humans. Furthermore, Roundup sales account for a significant amount of the company’s revenues (most of it is sold to, and used by commercial farmers, who continue to stand by the product), and were Bayer to remove glyphosate from the formulation, Roundup would have little or no effect on weeds.

On the other hand, every Roundup cancer case that has gone to trial has ended in a massive verdict in favor of plaintiffs. Numerous independent scientific studies have found links between glyphosate exposure and cancer. This includes the World Health Organization’s International Agency for Research on Cancer, which in 2016, declared glyphosate a “likely carcinogen.” Several countries around the world, as well as local communities in the U.S. and Canada, have either enacted glyphosate bans or restrictions, or are considering such moves.

In its defense of glyphosate, Bayer has pointed to studies by Monsanto (the original manufacturer, which Bayer acquired in 2018) showing the chemical to be harmless. However, documents that came to light in 2017 indicate that Monsanto colluded with the EPA to manipulate the science, calling their own findings into serious question.

Bayer CEO Werner Baumann has demanded that any settlement shield the company from further liability. Nonetheless, legal experts say that no other company has successfully settled litigation without removing or otherwise addressing  the cause of action, which Bayer has no intention of doing.

Roundup Cancer Lawsuits Could Continue

Even if Bayer reaches a settlement and makes changes, the company may still face glyphosate cancer claims. At present, $10 billion is being considered, with $8 billion for current claimants, and an additional $2 billion set aside for future claims. However, even if Roundup was discontinued, and the reserve funding runs out, plaintiffs may still come forward, since Roundup cancer, namely non-Hodgkin lymphoma, has a lengthy latency period (time between initial exposure and presentation of symptoms).

If Bayer was to successfully appeal the verdicts against it, future cancer victims could be discouraged from pursuing litigation. However, the appeals process is lengthy and expensive — and shareholders’ patience is wearing thin.

If you or a loved one developed cancer after using Roundup as a farm worker or home gardener, you may have a legal claim. Legal migrant farm workers may also seek help. Learn more by filling out the form on this page for a FREE case evaluation.

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