Bayer: Federal Court Brings an End to Roundup™ Litigation in Australia

• Federal Court of Australia discontinues the last pending case
• This follows significant win in first Roundup™ final judgment on non-Hodgkin lymphoma (NHL) claims outside the U.S.
• Prior 322-page ruling found that scientific evidence does not support link between glyphosate and NHL
• Company continues to pursue multipronged strategy to also contain the U.S. litigation

LEVERKUSEN, Germany--(BUSINESS WIRE)--The Federal Court of Australia brought an end to the last Roundup™ case in Australia, closing all pending injury litigation there. The Court granted the plaintiffs’ request to discontinue the Fenton class action against Monsanto involving allegations related to Roundup™. This action follows the company’s earlier victory in the McNickle case in the same court.

McNickle was the first Roundup™ final judgment outside of the United States on the question of whether glyphosate, the active ingredient in Roundup™, causes non-Hodgkin lymphoma (NHL). The Court issued a 322-page ruling finding that the weight of scientific evidence does not support a link between glyphosate and NHL. This is an outcome consistent with worldwide regulatory and scientific assessments, including from the Australian Pesticides and Veterinary Medicines Authority (APVMA), concluding that glyphosate is not carcinogenic.

In the United States, Bayer will continue its multipronged strategy to significantly contain the Roundup™ litigation. Having achieved favorable outcomes in 15 of the last 22 trials, the company has a winning record in court and will continue to try cases, based on the overwhelming scientific and regulatory evidence in support of the safety of glyphosate. Additionally, the company will seek U.S. Supreme Court review on the cross-cutting question of whether all of the state-based warning claims in this litigation are preempted by federal law, and is currently evaluating cases to determine the best vehicle for this appeal. In the meantime, Bayer will consider settlements if they are in the company’s interest and also continuously evaluates any other possible means to contain the legal risks.

Together with more than 360 grower and industry groups, Bayer will also continue to engage with policymakers at the federal and state level for legislative certainty around labeling in the USA. Without reform, the U.S. risks the availability of a domestic-produced crop protection tool that has consistently been found to be safe by regulatory bodies worldwide. The misapplication of the law by the litigation industry is driving up the cost of food and threatening its supply.

About Bayer

Bayer is a global enterprise with core competencies in the life science fields of health care and nutrition. In line with its mission, “Health for all, Hunger for none,” the company’s products and services are designed to help people and the planet thrive by supporting efforts to master the major challenges presented by a growing and aging global population. Bayer is committed to driving sustainable development and generating a positive impact with its businesses. At the same time, the Group aims to increase its earning power and create value through innovation and growth. The Bayer brand stands for trust, reliability and quality throughout the world. In fiscal 2023, the Group employed around 100,000 people and had sales of 47.6 billion euros. R&D expenses before special items amounted to 5.8 billion euros. For more information, go to www.bayer.com.

Forward-Looking Statements

This release may contain forward-looking statements based on current assumptions and forecasts made by Bayer management. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. These factors include those discussed in Bayer’s public reports which are available on the Bayer website at www.bayer.com. The company assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.