Bayer proposes $9.16 billion plan to settle Roundup cancer cases

Bayer said on Feb 17 that its Monsanto unit had reached an agreement worth as much as US$7.25 billion (S$9.16 billion) to resolve tens of thousands of current and future lawsuits claiming that its Roundup weedkiller caused cancer.

The move marks a major step for the German firm, which has spent years tackling legal risks tied to Roundup, acquired as part of its US$63 billion purchase of agrochemical company Monsanto in 2018.

The German company said the proposed US nationwide settlement, filed on Feb 17 in state court in St Louis, Missouri, would establish a long-term claims programme funded by capped annual payments over up to 21 years.

The company is facing claims over Roundup from about 65,000 plaintiffs in US state and federal courts.

The plaintiffs say they developed non-Hodgkin lymphoma and other forms of cancer after using the weedkiller, either at home or on the job.

Following the announcement, Bayer shares rose as much as 7.7 per cent to reach their highest level since Sept 12, 2023.

“Bayer’s move will significantly reduce the legal risks. Although the settlement is very costly, it is to be welcomed as it covers future claims,” Mr Ingo Speich of Bayer investor Deka Investment said.

Bayer said it expects its provisions and litigation liabilities to rise from €7.8 billion (S$11.7 billion) to €11.8 billion. It anticipates around €5 billion in litigation-related payouts in 2026, and now expects negative free cash flow for the year.

Proposed settlement aimed at heading off future lawsuits

Roundup is among the most widely used weedkillers in the United States. Bayer has said decades of studies have shown that Roundup and its active ingredient, glyphosate, are safe for human use.

The deal covers the bulk of the lawsuits, but requires a judge’s approval and a minimum number of plaintiffs to opt in.

It does not require Bayer to admit liability or wrongdoing and allows the company to back out if too many plaintiffs decline to participate.

It is also designed to head off future lawsuits, and allows people who can prove that they have been diagnosed with non-Hodgkin lymphoma and were exposed to Roundup before Feb 17 to file claims to receive a portion of the settlement for up to 21 years from now.

The agreement was negotiated with Motley Rice, Seeger Weiss and other law firms that would represent a nationwide class of plaintiffs, if the court allows the deal to proceed.

Bayer CEO Bill Anderson said on a call with investors and reporters that he is confident the proposed class action settlement will resolve the vast majority of the claims.

Lawyers who negotiated on behalf of the plaintiffs said the deal represents the best path forward. Payouts will be determined by a tiered system that considers exposure, age at diagnosis and cancer type.

Individuals could receive up to US$198,000 or more, according to lawyer Eric Holland.

The company said it had separately reached confidential settlements to resolve other Roundup cases with specific law firms, although the company would not name the firms or specify the amount of those deals.

Supreme Court to hear appeal

The Feb 17 proposed settlement came after the US Supreme Court agreed to hear an appeal in a case that Bayer argues will sharply limit its liability in the litigation.

The company said the Supreme Court case, scheduled for oral arguments at the end of April, remains essential to resolving the Roundup litigation.

Bayer is arguing that consumers should not be able to sue it under state law for failing to warn that Roundup increases cancer risk because the US Environmental Protection Agency has found no such risk and requires no such warning.

Bayer argued that federal law does not allow it to add any warning to the product beyond the EPA-approved label.

Mr Markus Manns, portfolio manager at Bayer shareholder Union Investment, cautioned that the Feb 17 proposal was “not yet the breakthrough that many investors had hoped for”.

“The settlement buys Bayer time, but without a win in the Supreme Court, a new wave of lawsuits could roll over Bayer in a few years,” he said.

Company paid out US$10 billion to settle previous lawsuits

The company had previously paid about US$10 billion to settle most of the Roundup lawsuits that were pending as of 2020, but failed to get a settlement then covering future cases.

It has had a mixed record with cases that have gone to trial. It prevailed in a series of Roundup trials, but has been hit with large jury awards in the past few years, including a US$2.1 billion verdict in a case in the US state of Georgia in March.

The verdicts shattered both investor confidence and company hopes that the worst of the Roundup litigation was over, and put pressure on Bayer to find a comprehensive solution to the lawsuits. REUTERS