Controversies

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• German life sciences company Bayer AG (BAYN.DE) announced on Friday that its Monsanto unit secured a unanimous defense verdict in the first Roundup-related trial, since the U.S. Supreme Court's ruling in the Durnell case.

• The company said a Missouri jury found in Monsanto's favor in the case of Theresa Aretino et al. versus Monsanto on claims alleging design defect, fraud and negligence.

Company response

• Denial — Bayer

  "We are pleased with the jury's favorable verdict for Monsanto validating our belief that there is no evidence to prove design defect, fraud or negligence claims in the Roundup litigation,"

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• The three women had said they were diagnosed with non-Hodgkin lymphoma after regularly using the weedkiller.

• The German pharmaceutical giant Bayer won a trial on Thursday over claims the Roundup weedkiller, manufactured by subsidiary Monsanto, caused cancer in three women. The Missouri jury sided unanimously with Bayer.

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• On Friday a case was filed in the District of Delaware by Bayer Pharma AG, Bayer AG, and Janssen Pharmaceuticals Inc. against Micro Labs LTD and Micro Labs USA Inc. The case is regarding violation of the patent rights for Xarelto.

• Plaintiffs are suing for patent infringement and seek declaratory judgment of violation of the patent, injunctive relief preventing the defendants from selling their generic version prior to the expiration of the patent, and expenses.

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• The plaintiff is suing for false advertising, negligent misrepresentation, negligence, design failure, duty to warn, strict product liability, manufacturing defect, breach of implied warranty, constructive fraud, intentional misrepresentation, unfair and deceptive trade practices, and unjust enrichment.

• The plaintiff raised several adverse effects of the product, and the procedure used to insert it. They alleged that flaws in the stainless steel used in the device, toxicity in the nitinol alloy, trace amounts of lead, and other manufacturing defects could all harm users.

Company response

• Denial — Bayer AG

  “Monsanto voluntarily ceased its lawful manufacturing of PCBs more than 40 years ago, and never manufactured, used, or disposed of PCBs into Los Angeles’ waters, and therefore should not be held liable for the contamination alleged by the city,” the statement said.

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• [PCBs] continue to drain into many waters here in Los Angeles," he said in a press conference today, listing out L.A. Harbor, Dominguez Channel, Machado Lake, Echo Park Lake, Marina Del Rey, Ballona Creek and Santa Monica Bay as places where PCBs continue to leach into the water system.

• Monsanto has "never manufactured, used or disposed of PCBs into Los Angeles’ waters," and so shouldn't be held liable for the PCB that's been detected in local waters

• The city of L.A. will be the latest to sue, City Attorney Mike Feuer announced today.

Company response

• Denial — Bayer Pharmaceuticals

  Bayer Pharmaceuticals said in a statement that it disagrees with the jury verdicts in both cases.

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• A jury in King County Superior Court this week awarded $62 million in damages to eight people in King and Snohomish counties harmed by exposure to a toxic chemical at Sky Valley Education Center

• Moments after the latest verdict was delivered on November 11, Bayer released a statement saying the PCB levels were very low at Sky Valley and blaming the school district by alleging it ignored warnings to remove outdated equipment containing PCBs.

• The jury decided that Bayer, the German company that in 2018 bought Monsanto, the only maker of PCBs, did too little to warn the public about the PCBs.

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• This failure to report, coupled with continued advertising and marketing which presented the product as safe and effective, caused the plaintiff further harm

• The plaintiffs accused Bayer and its subsidiaries of negligence in the monitoring and reporting of complications regarding the insertion and retention of the device.

• On Monday, a complaint was filed by LHC Group, Inc. against Bayer Corp. et al.

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• 陪审团要求向农民Bill Bader赔偿1500万美元实际损失，以及惩罚赔偿2.5亿美元。

• 该农场主指控拜耳与巴斯夫生产的麦无畏除草剂(dicamba herbicide)伤害其果树。

• 德国化工巨擘拜耳(BAYRY.US)表示，就美国法院陪审团裁定拜耳和巴斯夫(BASFY.US)须向美国一农场主赔偿2.65亿美元的判决，拜耳将提出上诉。

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• The Wall Street Journal reported that Bayer has agreed to draft settlement terms with law firms representing tens of thousands of people alleging its popular weedkiller Roundup causes cancer.

• agreed to pay more than $10 billion to settle thousands of lawsuits claiming that its Roundup weed killer causes cancer.

• Bayer did not admit any wrongdoing or liability as part of the settlement.

Company response

• Denial — Bayer AG

  In its response, Bayer AG, which acquired Monsanto, denied the company ever used or dumped PCBs into the District’s waterways

• Clarification — Bayer AG

  “We are reviewing this lawsuit and will respond to the complaint at the appropriate time,” Bayer AG said in a written statement.

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• In its response, Bayer AG, which acquired Monsanto, denied the company ever used or dumped PCBs into the District’s waterways

• The suit alleges the chemical giant made false claims to regulators over decades.

• D.C. is suing Monsanto Co. and two affiliated companies, alleging they knowingly manufactured, promoted and sold toxic chemicals that polluted the Potomac River and its tributaries.

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• Bayer-Monsanto have announced that the company will make a total payment of $10.1 billion to $10.9 billion (€9.1 billion to €9.8 billion) to settle the non-Hodgkin’s Lymphoma Roundup litigation in the U.S..

• Bayer also revealed Wednesday a series of agreements that resolve cases representing some of the company’s exposure to PCB water litigation.

• One agreement establishes a class that includes all local governments with EPA permits involving water discharges impaired by PCBs.

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• It also struck a separate deal with attorneys general in New Mexico, Washington state, and the District of Columbia to resolve PCB claims for $170 million.

• Bayer will pay $400 million to farmers who claimed their crops were damaged from dicamba.

• Bayer CEO Werner Baumann called the decision to settle the lawsuits the right one in order to end a long period of uncertainty.

Company response

• Denial — Bayer

  In a statement Tuesday, Bayer said, "The appeal court's decision to reduce the compensatory and punitive damages is a step in the right direction, but we continue to believe that the jury's verdict and damage awards are inconsistent with the evidence at trial and the law.

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• But the California Court of Appeal in San Francisco reduced the award to groundskeeper Dewayne Johnson, who suffers from non-Hodgkin's lymphoma, from $78.5 million to $20.5 million.

• A former Vallejo groundskeeper with terminal cancer won an appeal Monday against Monsanto Co., which was seeking to overturn a trial court decision to award the man more than $75 million in damages.

• In a statement Tuesday, Bayer said, "The appeal court's decision to reduce the compensatory and punitive damages is a step in the right direction, but we continue to believe that the jury's verdict and damage awards are inconsistent with the evidence at trial and the law.

Company response

• Clarification — Bayer

  Bayer has long said regulators have deemed glyphosate safe. “We continue to stand strongly behind the safety and utility of Roundup,” the company said.

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• Bayer has long said regulators have deemed glyphosate safe. “We continue to stand strongly behind the safety and utility of Roundup,” the company said.

• The decision by the California Court of Appeal came after a San Francisco jury had in August 2018 awarded $289.2 million to the plaintiff Dewayne Johnson for his non-Hodgkin’s lymphoma, a sum later cut by the trial judge to $78.5 million (all figures US$).

• In its 86-page decision, the appeals court said Johnson offered “abundant” evidence that glyphosate, together with other ingredients in Roundup products, caused his cancer.

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• The Court of Appeal later reduced the damages to $20.5 million.

• Bayer AG has asked California’s Supreme Court to review a decision awarding $20.5 million to a groundskeeper who claimed the company’s Roundup weedkiller caused his cancer, arguing the ruling was at odds with federal law and settled legal principles.

Company response

• Denial — Bayer Australia

  In a statement, Bayer Australia said it had great sympathy for any individual with cancer, but the "extensive body of science" on glyphosate-based herbicides supported the conclusion that Roundup did not cause non-Hodgkin's lymphoma.

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• Mr Wild's case was lodged with the Victorian Supreme Court earlier this week.

• In a statement, Bayer Australia said it had great sympathy for any individual with cancer, but the "extensive body of science" on glyphosate-based herbicides supported the conclusion that Roundup did not cause non-Hodgkin's lymphoma.

• Mr Carbone said the warnings on Roundup bottles were inadequate and his client's clothes and body had been "drenched" in the herbicide over a 40-year period of use.

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• German chemical giant Bayer said on Monday it had asked a US federal appeals court to reverse a $25 million (€22.4 million) judgment ordering it to pay a California man who blamed the weedkiller Roundup for his cancer.

• Bayer AG has asked California’s Supreme Court to review a decision awarding $20.5 million to a groundskeeper who claimed the company’s Roundup weedkiller caused his cancer, arguing the ruling was at odds with federal law and settled legal principles.

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• “The acting Competition Council finds that Bayer Hungária Kft has conducted unfair commercial practices against consumers in a television ad promoting the Supradyn Kids multivitamin published between November 14, 2016 and February 26, 2017,” the order stated.

• In fining the firm €20,000 (HUF 7m) the acting Competition Council ordered Bayer to “terminate all means of communication of the Supradyn Kids multivitamin omega 3 and choline dietary supplement products”.

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• However, Bayer – alongside its subsidiaries Intendis and Intraserv – claims Glenmark’s product infringes on Finacea’s patent, and it wants a legal order preventing Glenmark from commercialising generic azeliac acid gel until this time.

• Bayer has launched a lawsuit against Glenmark Generics after the India-based firm filed for US approval of a generic version of skin disorder treatment Finacea.