Bayer Reaches Revised Settlement to Address Roundup Allegations

Bayer announced on Wednesday that it agreed on a class plan with the plaintiffs’ counsel in the consolidated suit consisting of Roundup injury claims.  Under the plan, Bayer will pay $2 billion as part of a previously disclosed provision that will support claims and programs involved in the class plan. The plan includes agreements for how to resolve future cases with allegations that Roundup, produced by Bayer’s subsidiary Monsanto, has caused cancer, specifically non-Hodgkin’s lymphoma. 

The counsel for plaintiffs and the proposed class submitted a motion in the Northern District of California lawsuit for preliminary approval of the proposed class settlement. Bayer explained that this motion begins the court’s review process for the settlement and that the parties “worked diligently” to address questions that have been raised by the court in the settlement.

Bayer reached a settlement in June of almost $10 billion to address about 75 percent of the Roundup claims filed at the time.  However, as this week’s motion reiterated, the court was skeptical about the proposed settlement and said that it was inclined to deny it. The present settlement was created with alterations after this feedback, and the parties reportedly participated in negotiations for over six months before agreeing on this alternative proposal. 

The press release said, “elements of the revised plan include the establishment of a fund to compensate qualified claimants during an initial four year program, an advisory science panel whose findings would not be preclusive but can be used as evidence in potential future litigation involving class members, and a robust notice program. The plan also includes research and diagnostic programs that were part of the original class agreement.” In addition, Bayer said that it plans to ask the Environmental Protection Agency for permission to add a reference link on its label for Roundup and other glyphosate products to direct consumers towards related studies. 

Wednesday’s motion detailed and summarized the settlement and asked the court to grant it preliminary approval, appoint class counsel and subclass counsel, give notice to the class, schedule a hearing, stay the filing of Roundup claims by members of the class, and enter a proposed order.