Bayer secures legal win in Australia, shifts focus to U.S. Roundup cases

Bayer has successfully concluded all Roundup litigation in Australia following the Federal Court’s decision to end the last pending case. This ruling came after the plaintiffs’ request to discontinue the Fenton class action, which involved allegations linking Roundup to non-Hodgkin lymphoma (NHL). This development follows Bayer’s earlier victory in the McNickle case, the first Roundup case to reach a final judgment outside the United States.

The McNickle ruling was a significant legal outcome for Bayer. The Court issued a comprehensive 322-page judgment, finding that the scientific evidence did not support a link between glyphosate, the active ingredient in Roundup, and NHL. This ruling aligns with the findings of numerous global regulatory agencies, including the Australian Pesticides and Veterinary Medicines Authority (APVMA), which have consistently concluded that glyphosate is not carcinogenic.

In the United States, Bayer remains focused on a multipronged strategy to manage the ongoing Roundup litigation. With favorable outcomes in 15 of the last 22 trials, the company has demonstrated a strong track record in court. Bayer intends to continue pursuing litigation, relying on the robust scientific and regulatory evidence that supports glyphosate’s safety. In addition, the company is seeking U.S. Supreme Court review regarding whether federal law preempts state-based warning claims in this litigation, an issue that is central to many of the ongoing cases. Bayer is also evaluating the best legal avenues for this appeal.

While litigation remains a key component of Bayer’s approach, the company is also open to considering settlements if they align with its interests. As part of its broader strategy, Bayer is actively engaged with more than 360 grower and industry groups to advocate for legislative certainty around labeling laws in the U.S. The company has expressed concerns that without reform, the availability of glyphosate-based products, which have been deemed safe by regulators globally, could be jeopardized. Bayer argues that the legal misapplication of the law by the litigation industry is contributing to rising food costs and threatening food security.

Bayer’s commitment to science and regulatory transparency continues to guide its strategy in both Australia and the U.S., as the company works to safeguard the future of its crop protection products and address the challenges posed by ongoing litigation.