Bayer loses again as U.S. Supreme Court upholds Roundup award for millions

The U.S. Supreme Court has rejected another Bayer-Monsanto bid to dismiss litigation alleging that its Roundup weedkiller causes cancer.

By TOTT News in NewsSociety and Cultureon 

Justice served for Bayer and the EPA.


The U.S. Supreme Court has rejected Bayer-Monsanto’s (BAYGn.DE) bid to dismiss legal claims by customers who contend its Roundup weedkiller causes cancer.

The justices denied Monsanto-Bayer’s petition to quash a $27 million in damages claim in favour of cancer-stricken farmer, Edwin Hardeman, that was upheld by the 9th Circuit Appeals Court

As per the custom, the Supreme Court provided no reasons for its decision, however, it came a month after receiving a 30-page brief from the U.S. Attorney General urging the Court to deny Monsanto’s petition.

Bayer’s shares were down 2.9% following the news, eliminating gains over the previous two trading sessions.

The blow to Bayer as the company manoeuvres to limit its legal liability in thousands of cases. The justices have a second Bayer petition pending on a related issue that they could act upon in the coming weeks.

Bayer has lost three trials in which Roundup users have been awarded tens of millions of dollars in each, while also winning four trials. Bayer had pinned hopes for relief on the conservative-majority Supreme Court.

Bayer said it “respectfully disagrees” with the court’s decision and that the company is “fully prepared to manage the litigation risk associated with potential future claims in the U.S.”

Bayer said in its annual report that it had resolved about 107,000 cases out of about 138,000 cases overall.

Bayer, which also makes aspirin, birth-control pills, stroke prevention drugs and other products, has argued that the cancer claims over Roundup and glyphosate go against ‘sound science’ and EPA product clearance.

As a result, the EPA are now being investigated for their role in allowing this to happen.



A federal appeals court has recently ordered the U.S. Environmental Protection Agency (EPA) to take a fresh look at whether the active ingredient glyphosate poses unreasonable risks to humans and the environment.

The agency, upon approving the chemical, upheld guidance that glyphosate is not carcinogenic and not a risk to public health when used as indicated on the label.

Bayer has said it should not be penalised for marketing a product deemed safe by the EPA and on which the agency would not allow a cancer warning to be printed.

The San Francisco-based 9th U.S. Circuit Court of Appeals agreed with several environmental, farm worker and food safety advocacy groups, that the EPA did not adequately consider whether glyphosate causes cancer and threatens endangered species.

In 2015, the International Agency for Research on Cancer classified the chemical as “probably carcinogenic.”

This chemical is usually sprayed across Australian forests as part of ‘management’ programs.

Bayer plans to replace glyphosate in weedkillers for the U.S. residential market for non-professional gardeners with other active ingredients.

Will we ever know how many Australians have been caught up in this chemical deception?


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