Börse Express – defeat for Bayer in the glyphosate lawsuit

MONTGOMERY (dpa-AFX) – Bayer has suffered a setback in the US glyphosate litigation. An appeals court followed the statements of a plaintiff on Tuesday. He had claimed that Georgia law required Bayer to warn him about the possible cancer risks of using weed killers containing glyphosate. Thus, the court disagrees with Bayer’s argument that federal law should not conflict with state court decisions.

Had Bayer been right and the appeal dismissed, the plaintiff might have taken the case to the US Supreme Court. Because appellate courts decide differently on the same cases, this can be a reason for the Supreme Court to take up the matter and make a fundamental decision. Bayer may even have hoped for that, because the Supreme Court could have decided in favor of Leverkusen.

“We cannot understand the court’s decision,” said Bayer, referring to the court of appeal. The court’s statement that the product’s registration process was not sufficiently formal for federal law to preclude a warning contradicts the Supreme Court’s case law. “We will now evaluate our other legal options.” In addition, Bayer continues to emphasize that glyphosate is safe when used properly.

Bayer itself was recently rebuffed in the dispute over alleged glyphosate cancer risks with applications to hear two cases in the US Supreme Court. The Carson case would have been another opportunity for a landmark decision.

Although Bayer shares fell by more than two percent on Wednesday, analyst Charlie Bentley from the investment house Jefferies does not see any significant financial consequences. So the little hope is now gone that the Supreme Court will take up the glyphosate case after all. However, this has no influence on the estimates for the financial burden of the glyphosate lawsuits.

In 2021, for example, Bayer had made additional provisions of $4.5 billion in the event of dismissals by the US Supreme Court. The company wants to use this money to set up a program to deal with the claims of potential new plaintiffs in the USA over the next 15 years. Bayer had previously set aside around $11 billion to settle Monsanto’s legal legacy with a major US settlement./mis/ngu/jha/

 ISIN  DE000BAY0017

AXC0160 2022-07-13/12: 02

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