Agrochemical manufacturer Bayer and attorneys representing cancer patients unveiled a proposed $7.25 billion settlement Tuesday intended to resolve thousands of U.S. lawsuits alleging the company failed to warn consumers that its herbicide Roundup could cause cancer.
The agreement, filed in the Missouri state court, still requires judicial approval. It is structured to fund payments over as many as 21 years and would cover most remaining lawsuits, as well as certain future claims from individuals exposed to Roundup before the date of the agreement. Bayer said it reserves the right to withdraw from the deal if too many plaintiffs opt out.
More than 125,000 claims have been filed against the company since 2015. While only a small portion have gone to trial, juries have delivered mixed verdicts, including several substantial awards for plaintiffs. Bayer has also previously settled tens of thousands of cases through separate agreements.
The company continues to dispute allegations that glyphosate, Roundup’s key ingredient, causes non-Hodgkin lymphoma. Federal regulators, including the Environmental Protection Agency, have stated that glyphosate is not likely to be carcinogenic to humans when used as directed, and the federally approved product label does not include a cancer warning.
Bayer maintains that federal pesticide laws preempt state-level failure-to-warn claims, an argument the U.S. Supreme Court is set to consider in April in a separate Missouri case. While the proposed settlement would not affect that appeal, it is designed to reduce financial exposure regardless of how the Court rules.
Under the settlement framework, compensation would vary based on factors such as the claimant’s age at diagnosis, severity of illness, and type of exposure. Agricultural and industrial users diagnosed at younger ages with aggressive forms of the disease would receive higher average payments than residential users with less severe diagnoses.
Bayer acquired Monsanto, the original maker of Roundup, in 2018. The company has since removed glyphosate from Roundup products sold in the U.S. residential lawn and garden market, though it remains in agricultural formulations used in conjunction with genetically engineered crops.
Litigation over Roundup has prompted broader policy debates about federal labeling authority, state tort law, and the balance between agricultural productivity and public health concerns. North Dakota and Georgia have enacted laws limiting certain state-level failure-to-warn claims involving federally approved pesticide labels, and other states are considering similar measures.
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