Managing the Roundup™ Litigation

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Bayer continues to make progress on its five-point plan to manage and mitigate the risks of Roundup™ litigation in the U.S. We settled most of the claims in this litigation and have appropriately provisioned for the remaining claims. Having won trials, the company will continue to try cases based on decades of science and worldwide regulatory assessments that continue to support Roundup’s safety and non-carcinogenicity. 

Five-point plan at-a-glance:

A favorable ruling by the U.S. Supreme Court on the federal preemption question could largely end the Roundup™ litigation. The main question here is whether state-based failure-to-warn claims are preempted by federal law, since the EPA concluded glyphosate does not cause cancer and approved the Roundup™ label without a warning. We have progressed in seeking appellate review of our arguments on federal preemption with two cases awaiting decisions. The first is Carson, pending in the Eleventh Circuit Federal Court of Appeals. The second appeal is Schaffner, pending in the Third Circuit Federal Court of Appeals.

113,000 of approximately 170,000 claims have been resolved or deemed to be ineligible. Having proven that we can win in court, the company is fully confident in its legal strategy and will continue to defend cases at trial. We will consider settling individual cases only if it provides clear economic advantages for the company to do so.

To further reduce future litigation risk, we have transitioned  the manufacturing of our glyphosate products for the U.S. residential L&G market to new formulations that have different active ingredients. We have taken this action exclusively to manage litigation risk and not because of any safety concerns. The vast majority of claims have come from residential L&G users, so this step largely eliminates the primary source of future claims. This action does not impact any of our glyphosate-based agriculture or professional products.

Bayer had developed a voluntary claims administration program, which would have addressed eligible individuals directly avoiding plaintiffs’ law firms. Having proven that we can win trials and given our general commitment to keep trying cases, the company will not implement this systematic settlement program. We will consider settling individual current and future cases only if it provides clear economic advantages for the company to do so.

A webpage (EPA's Review of Glyphosate Safety | Global (bayer.com)) that hosts links to scientific safety studies on our glyphosate products ensures more transparency and information.

We stand fully behind the safety of our glyphosate products

Our five-point plan does not include any admission of liability or wrongdoing. Rather, the actions we are taking are a result of the mass tort system in the U.S.

 

We have great sympathy for anyone who suffers from disease, and we understand their search for answers. At the same time, the extensive body of science continues to show that our products are not responsible for the illnesses alleged in this litigation.

 

For 50 years, leading health regulators around the world have repeatedly concluded that our glyphosate products can be used safely, and that glyphosate is not carcinogenic. This includes recent conclusions by the U.S. Environmental Protection Agency (EPA), the EU’s Assessment Group on Glyphosate (AGG), the European Food Safety Authority (EFSA), the European Chemicals Agency (ECHA), and the leading health authorities in Germany, Australia, Korea, Canada, New Zealand, and Japan.

 

Glyphosate-based herbicides are one of the most thoroughly studied products of their kind, which is one reason so many growers and others continue to rely on these products to help them safely, successfully, and sustainably control problematic weeds.

We are investing and innovating to develop additional weed-control solutions

Growers need to control weeds in order to successfully grow crops. There is no single solution – instead, growers use a range of tools and practices to control weeds. While glyphosate will continue to play a key role in our herbicide portfolio and in agriculture overall, we are leading the way in developing additional tools and advancing integrated weed management (IWM).

 

We invest over $2 billion in R&D for farming solutions every year. We recently announced over $5 billion of that investment will go to furthering IWM over the next decade. As part of these efforts, we also recently announced the discovery of a new breakthrough herbicide molecule, the first of its kind in more than 30 years.

 

As a leader in agriculture, we know we have a heightened responsibility and the unique potential to advance farming for the benefit of society and the planet. We are committed to living up to this responsibility, and our five-point plan to end the U.S. glyphosate litigation will enable us to reach our full potential.