For the second time, Bayer has lost a case over the possibility that its weedkiller, Roundup, causes cancer.

Bayer purchased Monsanto,  the original maker of Roundup, on June 7, 2018, and is now on the hook for numerous claims that the weedkiller causes cancer. 

In San Fransisco, a jury determined that Bayer is liable for plaintiff Edwin H.’s development of non-Hodgkin’s lymphoma, which Edwin claims was caused by his exposure to Roundup. The jury awarded him $80 million in damages.

Analysts reportedly expect that this number will be reduced by a judge later on. However, even if the $80 million is reduced, Bayer will reportedly face billions in liability over the Roundup cancer issue. This verdict was reportedly much more than what Edwin was asking — he requested around $19 million in damages.

Of the $80 million, $75 was punitive damages, which was fifteen times greater than the compensatory award.

Roundup Cancer Litigation

This latest verdict comes on the heels of a similar loss for Bayer in the Roundup cancer litigation. The first loss faced by Bayer was one in which a California jury awarded Dewayne J. $289 million in damages. That number was then reduced to $78 million by the judge. Experts are looking to Dewayne’s case to determine how Edwin’s case may play out.

In response to the verdict in Edwin’s case, Bayer has expressed disapproval. The company has said it will appeal the verdict, and will particularly challenge U.S. District Judge Vince Chabria’s decision to allow some testimonies provided by scientific experts provided by Edwin to go forward, despite calling these testimonies “shaky”.

Bayer argues that the jury’s verdict was incorrect. Bayer has continued to argue that Roundup is safe and does not cause cancer, despite extensive criticism. The company asserts that “the weight of over four decades of extensive science and the conclusions of regulators worldwide” support their claim that Roundup is indeed safe.

Monsanto and Roundup

However, these two losses have just strengthened the criticism that Bayer is facing not only about the possible dangers of Roundup itself, but of the decision to acquire Monsanto at all.

In an article covering the acquisition of Monsanto by Bayer, Fortune notes that Bayer purchased Monsanto as part of its shift towards being a “life-science” company, working in both the health and agriculture industries. Monsanto was reportedly attractive for its innovation in “digital agriculture” and work in genetically modified crops and seeds. 

However, the herbicide element of the Monsanto acquisition may be proving to be a thorn in Bayer’s side. After selling off a competing herbicide business to avoid anti-trust legal issues, Bayer acquired Monsanto, and with it, the large herbicide business in Monsanto’s popular Roundup.

In 2015, the International Agency for Research on Cancer, part of the World Health Organization, reported in early 2015 that glyphosate, the active ingredient in Roundup, is “probably carcinogenic to humans.” The World Health Organization and the United Nations then released another report saying that it was “unlikely to pose a carcinogenic risk to humans from exposure through diet.”

However, this discussion over Roundup caused numerous people to claim that Bayer knew or should have known that glyphosate could be dangerous, but continued to market it as safe and effective nonetheless. In the words of Fortune, “eating Roundup residue is one thing and spraying the stuff over many years — as both successful plaintiffs did — is another.”

Now, Bayer faces criticisms both from stakeholders who argue that the company’s decision to purchase Monsanto was a bad one, and criticism from consumers who say that the company should have done more to protect people from a possibly dangerous product. With this latest loss in San Francisco, these criticisms are unlikely to abate.

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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