In a groundbreaking ruling on February 5, a U.S. appeals court refused to dismiss a lawsuit filed by a Georgia doctor, claiming that Bayer AG’s Roundup weedkiller was responsible for causing cancer. This decision marks a significant setback for the German company in its ongoing battle against thousands of similar cases, potentially carrying billions of dollars in liability.
The three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals rejected Bayer’s argument that federal regulators’ approval of Roundup should shield the company from state law lawsuits, alleging a failure to warn consumers about the product’s risks. This decision aligns with conclusions reached by several other appeals courts in similar lawsuits.
Despite the setback, Bayer maintains its stance, asserting in a statement that it “continues to stand fully behind its Roundup products,” insisting they are safe. The ruling comes at a critical juncture, with some investors urging the company to reconsider its litigation strategy, either through settlements or a business breakup. However, Bayer remains committed to fighting Roundup cases in court, expressing confidence in winning key victories on appeal.
Had the 11th Circuit diverged from other appeals courts, it could have increased the likelihood of the U.S. Supreme Court addressing the issue. Another federal appeals court, the Philadelphia-based 3rd Circuit, is presently deliberating on a similar matter in a separate case.
Bayer’s hope for a favorable Supreme Court ruling to alleviate much of its Roundup-related liability has faced repeated setbacks, as the court has consistently rejected its appeals.
Roundup-related legal challenges have persisted since Bayer acquired the brand in its $63 billion purchase of Monsanto in 2018. While the company settled most pending Roundup claims in 2020 for up to $10.9 billion, it still confronts over 50,000 claims related to the product.
The plaintiff in the recent case, David Carson, alleges that he was diagnosed with malignant fibrous histiocytoma in 2016 after using Roundup for 30 years. Initially, much of his case was dismissed by a trial judge who agreed with Bayer’s argument that federal law barred his failure-to-warn claims. However, the 11th Circuit panel disagreed in July 2022, reviving the case. The recent ruling follows the panel’s reconsideration ordered by the full 11th Circuit.
The court emphasized that Georgia law, requiring companies to warn consumers of foreseeable dangers, does not conflict with the federal law under which Roundup’s label was approved. It suggested that Bayer could have sought to include a cancer warning on Roundup to comply with Georgia law.
David Frederick, Carson’s attorney, expressed satisfaction with the court’s decision, stating, “We’re gratified the court rejected Monsanto’s defense and upheld the validity of Dr. Carson’s claims. The harm Monsanto caused with Roundup is immeasurable.”
While Bayer has won 10 of the last 16 trials over Roundup, it faces significant financial challenges due to over $4 billion in jury verdicts since October, with the possibility of some awards being reduced on appeal. Most plaintiffs allege that Roundup caused non-Hodgkin’s lymphoma, though some, like Carson, claim it led to other cancers.
