Bayer announced a series of agreements to settle separate lawsuits over glyphosate and dicamba.
Here are some particulars about the glyphosate settlement:
- The availability of glyphosate to customers remains unchanged.
- Bayer will make a total payment of $10.1 billion to $10.9 billion to resolve current and address potential future Roundup™ litigation.
- Bayer has said this settlement will allow the company to end the significant uncertainties and confusion caused by the three early Roundup™ verdicts citing connections between glyphosate and Non-Hodgkin’s lymphoma (NHL) and the volume of pending cases.
- The agreement includes the establishment of a class of potential future plaintiffs and the creation of an independent Class Science Panel. The Class Science Panel will investigate whether Roundup™ can cause non-Hodgkin’s lymphoma (NHL), and if so, at what minimum exposure levels. If the Class Science Panel determines that a causal connection between Roundup™ and NHL is not established, class members will be barred from claiming otherwise in any future litigation against the company. The Class Science Panel’s determination is expected to take several years.
In regards to the dicamba drift settlement agreement:
- Bayer will pay up to a total of $400 million to resolve the multi-district litigation pending in the U.S. District Court for the Eastern District of Missouri and claims for the 2015-2020 crop years. Claimants will be required to provide proof of damage to crop yields and evidence that it was due to dicamba in order to collect. Bayer expects a contribution from its co-defendant, BASF, towards this settlement.
- The only dicamba drift case to go to trial, Bader Farms, is not included in this resolution.
- This settlement is separate from the Ninth Circuit Court decision on dicamba’s registration and subsequent proceedings currently taking place.