Pioneering glyphosate-process begins in San Francisco

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In the US, the second process against the Bayer subsidiary company Monsanto to start because of allegedly secretive the risks of glyphosate-containing weed killer. Thus, a width of the action takes shaft travel.

Monsanto can be found in the United States because of its weed killer with the controversial active ingredient glyphosate again on the dock. After the seed giant had collected in the past year, already a bitter defeat in front of a US court, is scheduled to begin this Monday in San Francisco the second process. Here, too, it is alleged cancer risks of Monsanto’s best seller “Roundup”. The subsidiary of Bayer AG, is accused of the dangers of the plant protection product to be deliberately concealed. For the German chemical giant, it is a lot of money and good reputation is at stake.

The plaintiff, Edwin Hardeman makes Monsanto’s weed killer Roundup, for his disease to lymph glands cancer. Monsanto sold the “for human health hazardous” product without adequate warnings, and should be sentenced to compensation for damage stated in the indictment. Bayer and Monsanto to reject the allegations vigorously. However, the risk for the group is large – in total, there are in the United States in the case of 9300 the plaintiff, the wave comes just in travel. Many of these procedures were bundled in each of the dishes.

The Bayer Headquarters in Leverkusen: The court proceedings to glyphosate could be for the group, Leverkusen are very expensive

The first judgment in a U.S. litigation to glyphosate had provided in August, a great deal of attention and made it clear how risky the approximately 63 billion Dollar Monsanto Acquisition for Bayer. A jury had decided that the seed company must pay to the cancer patients Dewayne Johnson a total of $ 289 million (the equivalent of 255 million Euro). Although the presiding judge lowered the amount later drastically, and also the lower damage rate says little, as the group has filed an appeal. It came to a guilty verdict, it was a shock that sent Bayer’s share price in a tailspin, and heavily in the stock market value took a toll.

The first pilot court

Now, however, it is really serious. This is because, unlike the first process, it is the first case that will be heard by a Federal district court and is part of a mass process. The competent judge Vince Chhabria numerous complaints from farmers, gardeners and consumers in the pilot procedures will be collected. The case of Hardeman is a so-called Bellwether Case, the outcome of which the direction is applicable to many other lawsuits in the United States.

For months the lawyers of the parties to the dispute needling in the process of preparation with a view to the question of which studies are allowed as potential evidence. The position of judge Vince Chhabria is yet difficult to assess. He had shown initially sceptical as to whether the evidence could be clear enough to come to the clear conclusion that glyphosate diseases such as lymphatic cause glands cancer, as the plaintiffs claimed. The dispute, which evidence it accepted, could prevail but none of the parties to the right. After it initially seemed, than any amount of Material would be held against Monsanto in the process, it should be now, but at least partially.

Complicated Procedure

The skirmish in the run-up to show how difficult it is for the Jury in the Federal court in San Francisco. Because it comes to technical issues, the high level of Expertise. So the science was not able to clarify yet clear whether the herbicide can lead to cancer. Bayer and Monsanto relied long on some 800 studies show that glyphosate “can be safely applied and not cancer”. Most recently, she back paddled, however, and acknowledged that not all studies specifically relate to cancer risks of the herbicide.

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Bayer takes on Monsanto

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Bayer takes on Monsanto (07.06.2018)

The opposite side also has a lot of Material to Hand. Recently two new studies, which could weigh on Bayer appeared. But above all, the many U.S. actions are based on the International cancer research Agency of the world health organization (WHO), the Monsanto found a weed killer in 2015 as “probably carcinogenic” for humans.

A success for Bayer judge Chhabrias decision of January to share the collection process in two stages was, however. As a result, it will first go to the question of whether glyphosate is a carcinogen. The plaintiff should be able to confirm this, so would then be discussed in the further course, whether or not Monsanto has fraudulently deceived about the risks of its products.

kle/AR (dpa, afp, rtr)