Bayer wins first Roundup cancer trial after US Supreme Court ruling: What changes for 65,000 claimants?
Bayer has won its first trial over claims that its Roundup weedkiller causes cancer since a US Supreme Court ruling limited the legal arguments available to plaintiffs, potentially strengthening the German company's position in thousands of pending lawsuits.
A St. Louis jury unanimously ruled in favour of Bayer-owned Monsanto on Thursday in a case brought by three women who alleged that regular use of Roundup caused them to develop non-Hodgkin lymphoma. The verdict marks the first test of the continued viability of Roundup lawsuits following the Supreme Court's June ruling.
The outcome could have implications for around 65,000 claims Bayer faces in US state and federal courts from people who say they developed cancer after using the weedkiller at home or at work.
"This verdict should send a strong signal that plaintiffs who wish to pursue claims in the court system following the Durnell ruling will face significant challenges both in demonstrating they have viable claims and putting forth the necessary evidence to prove them in court," Bill Dodero, Bayer's US general counsel and global head of litigation, said in a statement.
Before the June ruling, most Roundup lawsuits alleged that the product's label failed to warn consumers about cancer risks.
However, the US Supreme Court blocked those arguments, ruling that federal law requires herbicide manufacturers to use the exact label approved by the US Environmental Protection Agency (EPA). The regulator has concluded that Roundup's label does not require a cancer warning.
Bayer has argued that other claims, including design defects and negligence, are also barred by the Supreme Court's ruling. Plaintiffs' lawyers, however, maintain that these legal arguments remain valid.
The latest trial involved Theresa Aretino, Cynthia Fernandez and Betty Larkin, who sued Monsanto in 2020. They alleged that they regularly used Roundup and subsequently developed non-Hodgkin lymphoma. Their lawyers argued that the product was defectively designed and unreasonably dangerous, and that Bayer was negligent in selling it. Fernandez died before the trial began.
The verdict comes as Bayer seeks to resolve tens of thousands of other Roundup lawsuits through a proposed $7.25 billion settlement. The proposal is currently under review by a Missouri state court judge in St. Louis. The three women involved in Thursday's trial were not participating in the proposed settlement.
Bayer has denied the allegations, maintaining that decades of studies show glyphosate, Roundup's active ingredient, is safe and does not cause cancer.
The scientific debate continues. The EPA has previously concluded that glyphosate is probably not carcinogenic but is conducting a fresh safety review. Meanwhile, the International Agency for Research on Cancer classified glyphosate as "probably carcinogenic" to humans in 2015, a conclusion Bayer has disputed, calling it an outlier opinion based on flawed methodology.
The litigation has weighed on Bayer since its 2018 acquisition of Monsanto, costing the company billions of dollars and dragging down its share price.
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