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 A California appeals court late on Monday upheld an $86 million
verdict that found Bayer responsible for a couple's cancer after
using Bayer's glyphosate-based Roundup against weeds.
Bayer in February 2020 filed an appeal, saying the verdict could not
be reconciled with sound science or with product clearance from the
federal environment regulator.
Roundup-related lawsuits have dogged the company since it acquired
the brand as part of its $63 billion purchase of Monsanto in 2018.
"We respectfully disagree with the Court’s ruling as the verdict is
not supported by the evidence at trial or the law. Monsanto will
consider its legal options in this case," Bayer said in a statement.
It reaffirmed plans to file a petition with the U.S. Supreme Court
this month to review a similar Roundup case that went in favour of
Roundup user Edwin Hardeman.
Bayer struck a settlement deal in principle with plaintiffs last
year but failed to win court approval for a separate agreement on
how to handle future cases, as Bayer intended to keep the product on
the market.
Last month, it announced an additional litigation provision of $4.5
billion to brace for any unfavourable ruling by the top U.S. court.
That came on top of $11.6 billion it previously set aside for
settlements and litigation in the matter.
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 Among measures to contain the legal damage,
Bayer plans to replace glyphosate in weedkillers
for the U.S. residential market with other
active ingredients. It will continue to sell the
herbicide to farmers, who rely on it heavily.
"We continue to stand strongly behind the safety
of Roundup, a position supported by four decades
of extensive science and the assessments of
leading health regulators worldwide that support
its safe use," Bayer added in its statement on
Tuesday.
An initial verdict in 2019 drew attention after
a California jury awarded more than $2 billion
to Roundup users Alberta and Alva Pilliod. The
trial judge later reduced the damages to $86
million.
The setback for Bayer comes after a federal
appeals court in May upheld a $25 million court
verdict which ruled Roundup caused the
non-Hodgkin's lymphoma of California resident
Edwin Hardeman.
About a year ago, Bayer failed to persuade a
California appeals https://www.reuters.com/article/us-bayer-glyphosate-lawsuit-idUSKCN24M2BT
court to overturn a verdict favouring school
groundskeeper Dewayne Johnson who claimed
Roundup use caused his cancer.
(Reporting by Ludwig Burger; editing by Jason
Neely)
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