Verdict In Weed Killer Case Hits Bayer -- WSJ
August 14 2018 - 3:02AM
Dow Jones News
Roundup maker Monsanto was acquired by the German firm in
June
By Anthony Shevlin
This article is being republished as part of our daily
reproduction of WSJ.com articles that also appeared in the U.S.
print edition of The Wall Street Journal (August 14, 2018).
Shares in Bayer AG fell sharply on Monday after Monsanto Co. --
which the German chemical company recently acquired -- was ordered
to pay $289.2 million in a landmark lawsuit over whether exposure
to two of its weed killers caused cancer.
The ruling by a California state jury on Friday found that
Monsanto's Roundup and Ranger Pro products presented a "substantial
danger" to consumers, and that the St. Louis-based company knew --
or should have known -- the potential risks they posed.
The case is the first of many that could go to trial and
represents a nagging issue for Bayer, which closed its $60
billion-plus acquisition of Monsanto in June after two years of
wrangling.
Monsanto said that as of February it had a recorded liability of
$254 million relating to various product claims and that it is
aware of 5,200 plaintiffs who claim to have been injured by
exposure to glyphospate-based products. The company has previously
said it couldn't estimate losses from the litigation.
Controversy has dogged the Roundup weed killer for years as
studies have produced mixed results about the potential
carcinogenic hazard of glyphosate, its active ingredient. However,
Friday's ruling was a surprise to some because of existing U.S.
regulations that allow the ingredient's use.
Bayer said Monday that the jury's verdict was "at odds with the
weight of scientific evidence, decades of real world experience and
the conclusions of regulators around the world." It also noted that
the verdict remains subject to post-trial motions and an
appeal.
A spokesman added that Bayer's involvement in the case and its
ability to comment further are currently restricted by U.S.
antitrust arrangements. The company declined to comment on any
potential liabilities.
Bayer shares on Monday closed at a nearly 5-year low, falling
10% to EUR83.73 ($95.45).
Analysts at Barclays said the result was "likely to create a
litigious headache for Bayer" and that the number of similar
pending cases could multiply. However, they said it was unlikely
they would all result in a similar financial award and that U.S.
regulators could maintain their benign stance on the product, which
first went on sale in 1974.
The next trial involving Roundup, also a state case, is
scheduled to begin in October in St. Louis. Dates for lawsuits in
federal courts have yet to be set.
The suit in California was brought by Dewayne "Lee" Johnson, who
had worked as a groundskeeper for the Benicia Unified School
District in the San Francisco Bay area and has been diagnosed with
non-Hodgkin lymphoma.
Mr. Johnson's lawyers had argued Monsanto knew that testing of
glysophate was insufficient, and that employees "ghostwrote"
favorable scientific articles and paid outside scientists to
publish the articles under their names.
Sales of Roundup make up the bulk of Monsanto's agricultural
productivity division, which generated $3.7 billion in sales for
the company's 2017 fiscal year -- about one-quarter of Monsanto's
total. Glyphosate, the product's main chemical ingredient, has been
off-patent for years, but Roundup underlies Monsanto's
multibillion-dollar franchise in genetically engineered crops,
including corn, soybean, cotton and canola varieties designed to
survive the spray.
--Donato Paolo Mancini, Nathan Allen and Jacob Bunge contributed
to this article.
(END) Dow Jones Newswires
August 14, 2018 02:47 ET (06:47 GMT)
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