On June 21, a U.S. federal appeals court blocked
the state of California from forcing Bayer to label Roundup herbicide with a
cancer warning. Roundup contains the active ingredient glyphosate, which was controversially
labeled as a “probable carcinogen” by the World Health Organization (WHO) in
2015. However, an investigation by Reuters later found that key information supporting the conclusion the pesticide does not
cause cancer in animals had been
omitted from the report. In 2016, the EPA affirmed glyphosate does not cause
cancer, and in 2017 a long-term study by the National Cancer Institute following 50,000 people over 20 years also showed no link between glyphosate
and cancer.
The ruling by the court indicated that the WHO’s finding
alone was insufficient to support California’s demand to label all products that
contain glyphosate, not just Roundup, with the phrase “known to the state of
California to cause cancer.” The ruling permanently bars California from
requiring the cancer warning on all glyphosate products. It is the result of a
lawsuit filed in 2017 by Bayer and more than a dozen agricultural groups
against California for requiring the cancer warning on the label.
The ruling was an important victory for Bayer, which has
been dealing with a multitude of lawsuits related to glyphosate and the WHO’s cancer
determination. Despite the fact that all other regulators around the world have
examined the scientific studies done for glyphosate and determined glyphosate
to be safe, the WHO’s finding touched off a storm of litigation against
Monsanto (the original registrant of Roundup) and then Bayer after Bayer purchased
Monsanto in 2018. Since the WHO’s ruling, Bayer has faced thousands of lawsuits
from Roundup users, and losses in three trials resulted in juries ordering Bayer
to pay billions of dollars to the plaintiffs. Bayer is appealing these
verdicts.
On June 24, Bayer agreed to a settlement of
$10.5 billion to almost 100,000 patients who claim they got non-Hodgkin’s
lymphoma from exposure to glyphosate. Up to $9.5 billion will be used to settle
pending lawsuits against Bayer, with $1.25 billion set aside for potential
future claims and to conduct additional research as to whether or not
glyphosate causes cancer.