Since a 2015 report by the International Agency for Research on Cancer (IARC) designated glyphosate, the active ingredient in Roundup, as possibly carcinogenic Monsanto has had to deal with a flurry of high-profile litigations. Currently, more than 18,000 plaintiffs have come forward to claim that their cancer was caused by persistent exposure to the herbicide and it appears things can only get worse. 

Although the moderator overseeing the cases, Kennet Feinberg, have categorically denied such reports, the prevalent rumor is that Bayer AG is planning to pay up to $8 billion to settle current and future cases. The German pharmaceutical giants announced the takeover of Monsanto Co. in 2018, a move that has seen the company lose about €30 billion in market value. 

What’s Bayer’s official position? 

In a statement by the company’s representative, Bayer AG reiterated its position that “glyphosate-based herbicides can be used safely as directed and that glyphosate is not carcinogenic, based on an extensive body of science spanning more than 40 years.” However, three major losses since the inception of the court trials make one wonder if they’ll be sticking with the narrative for much longer. 

The first of the losses saw a California groundskeeper, Dewayne Johnson, go home with a finalized payout of $78 million. Another plaintiff, Edwin Hardeman, was awarded a $25 million final payout, this time by a federal court. And in yet another trial, a California couple were awarded a whopping $2 billion which was later reduced to $87 million. All the plaintiffs alleged that Roundup is responsible for their non-Hodgkin’s lymphoma diagnosis. 

Reports of unethical practices haven’t helped their cause 

Unsurprisingly, Monsanto has been accused of engaging in unethical practices in a bid to protect their image. Such accusations range from ghostwriting favorable research about glyphosate to paying scientists to take credit for research and soliciting the EPA’s assistance to bury an unfavorable review of glyphosate. While most of these allegations may not be provable, it is not farfetched to think they may affect jurors’ perception of the company. 

Monsanto’s case is further complicated by the studies presented as evidence at the various trials. One of the studies alleged that the mixture in Roundup is even more toxic than glyphosate alone and the concoction is poisonous to the human placenta and embryo. Furthermore, yet another study revealed that glyphosate is capable of interfering with the natural cell-cycle and ultimately lead to the development of cancerous cells. 

A settlement won’t come easy 

Having lost 100% of the cases that have made it to trial thus far, the sensible move by Bayer AG would be to settle. However, negotiating with such a mammoth number of plaintiffs is no easy task. According to a report by Bloomberg, the plaintiffs’ lawyers want more than $10 billion if they are to drop their claims.  

Even at that, settling a case like this would not be an easy task. The negotiations would take many months to work out and there’s the not-so-minor issue of how to compensate potential plaintiffs that are yet to be diagnosed. In the meantime, some court cases have been reportedly postponed to give room for negotiations. Whatever happens, there appears to be no easy way out of this for Bayer.