Court tosses weedkiller maker’s cancer damage appeal — Analysis

US Supreme Court refuses to hear a case linking Roundup and cancer. Manufacturers are now facing legal consequences

Bayer, the German chemical company that owns Roundup in Germany filed an appeal against Tuesday’s landmark US Supreme Court ruling. The Bayer appeal sought to overturn a crucial decision linking Roundup with cancer. Since it purchased Monsanto Roundup producer in 2018, the company has been plagued by thousands of similar claims.

Edwin Hardeman from California was denied review by the US Court. The case resulted in $25,000,000 in damages. After using Roundup 26 years in his house, he was diagnosed with lymphoma. A causal relationship was established by him, and his claim was accepted by an appeals tribunal in May 2021.

The Supreme Court decision has scotched Bayer’s plan to mitigate compensation payouts in thousands of similar cases. Monsanto, a German firm that acquired Monsanto in 63 billion dollars, still has over 3000 claims unresolved, the company reported in its March annual report.

Bayer had previously set aside $11.6 billion for litigation and $4.5 billion was reserved to cover possible damages. In August 2013, Bayer submitted an appeal to the US Supreme Court. It put off the settlement of the claims.

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Bayer “respectfully disagrees” with the court’s rejection, the firm said on Tuesday, adding: “The company believes that the decision undermines the ability of companies to rely on official actions taken by expert regulatory agencies.”

According to the legal argument, Bayer claimed that there was no connection between Roundup and glyphosate (the active ingredient in Roundup). Bayer is not required to warn customers about the potential dangers of Roundup, and Bayer can sell it within the EU. Bayer is being sued for claiming that such a warning ought to have been given in order to inform customers of the danger.

Hardeman sued Monsanto for 2016 and relied on the International Agency for Research on Cancer’s decision, an international arm of the World Health Organization. It stated that glyphosate could cause cancer.

Bayer stated that it will be removing glyphosate-based herbicides from the US retail market by next year.

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