A US judge on Thursday refused to approve a deal that would allow Bayer to set aside up to $ 2 billion to ward off future lawsuits related to a suspected carcinogenic herbicide, saying it was "
clearly unreasonable
" for some complainants.
Since the takeover of the American agrochemical company Monsanto in June 2018, the German group has faced a series of proceedings against Round'Up in the United States.
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Last June, he reached an agreement worth more than $ 10 billion to put an end to some 125,000 complaints in this matter in the country. But the agreement was partially rejected by justice, reserved on the part concerning future lawsuits. In February, Bayer and lawyers agreed that the multinational would
fund
"up to
$ 2 billion
" for this purpose.
This text is beneficial for Bayer because it limits its future legal risks, estimates the judge Vince Chhabria in his decision Wednesday “
The decision of the court closes the door to the search for a national solution to manage potential future lawsuits, which would have been the most effective mechanism for all parties concerned,
”the group reacted in a statement.
But according to the judge, the deal does not sufficiently protect the interests of people who used Round'Up before February 2021 and have not yet been diagnosed with non-Hodgkin lymphoma, a cancer of the lymphatic system. These people could have had access to a medical surveillance program for four years and, if they fell ill, demanded compensation from a fund. But the disease can take much longer to declare itself and the fund can dry up, justifies the magistrate.
In addition, signatories to the agreement must in certain circumstances give up the right to demand punitive damages in addition to compensatory damages, he laments. His decision further prolongs the group's legal misadventures in the United States. Round'Up, based on glyphosate, is classified as "
probable carcinogen
" by the International
Agency
for Research on Cancer (IARC), an offshoot of the WHO. Bayer denies this characterization.
The company said in its statement measures "
exclusively to manage the risk of lawsuits and not because of concerns for safety or health
."
She plans to create a website promoting "
scientific studies on the safety of Round'Up
" and a panel of "
independent
"
scientists
to help solve potential future problems reported by individuals.
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It also plans to reconsider the marketing of glyphosate-based products to individuals in the United States, since the overwhelming majority of complainants (...) say they have used Round'Up products for lawns and gardens. "
These discussions (with distributors) will not affect the availability of glyphosate products for professionals and farmers,
" Bayer says.