Just Like Pharma? Bayer Lobbies for Liability Shield After Juries Side With People Harmed by Pesticides

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by Michael Nevradakis, Ph.D., Childrens Health Defense:

After a series of lawsuits alleging Roundup caused cancer led to high-dollar judgments against Bayer, the company is lobbying state legislatures to shield it from future lawsuits and to annul at least some of the 50,000 claims that are currently active, according to a New Republic report.

In 2018, German pharmaceutical giant Bayer acquired Monsanto, producer of the controversial pesticide Roundup, in a $63 billion all-cash deal described at the time as an “important milestone toward the vision of creating a leading agricultural company.”

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Now, after a series of lawsuits alleging Roundup caused cancer led to high-dollar judgments against Bayer, the company is “lobbying state legislatures to shield it from future lawsuits and to annul at least some of the 50,000 claims that are currently active,” according to a New Republic report.

The legislation, if passed, would protect dangerous products that pose a threat to public health, critics told The Defender.

“The push by Bayer/Monsanto for legal immunity is a stark reminder of the growing chasm between corporate interests and public health,” said James Lyons-Weiler, Ph.D., president and CEO of the Institute for Pure and Applied Knowledge.

“This effort to sidestep accountability not only endangers our health and environment but also erodes the very fabric of justice. It’s a dangerous precedent that prioritizes profit over people and planet,” Lyons-Weiler added.

Scott C. Tips, president of the National Health Federation (NHF), told The Defender he is “disgusted” at Bayer’s legislative efforts. “For anyone to use the political or regulatory system for personal monetary gain at the expense of consumers’ health is more than simply immoral, it is evil.”

Writing for the National Health Foundation, Tips said that Bayer has been exposed to legal claims because it does not enjoy the liability shield that protects vaccine manufacturers from such claims.

“Without the shelter from liability that the National Childhood Vaccine Injury Act of 1986 affords vaccine manufacturers, big agricultural corporations like Monsanto (now Bayer) that literally spread glyphosate poisons far and wide across the globe have had to continually look over their shoulders in fear of litigation,” he wrote.

“The flip side of freedom is responsibility,” Tips said. “If any company cannot handle the responsibility for harm caused by their products or services, then they should not even be in business.”

Journalist Carey Gillam, author of a 2017 book about Monsanto corruption, told The Defender, “We know — based on decades of documented proof — that U.S. regulators are largely captured by companies such as Bayer and Monsanto and do little to hold such companies accountable when their products pose dangers to consumers.”

As a result, “If these types of laws are passed, it could become nearly impossible for injured people to get any sort of justice and compensation,” Gilliam said.

The International Agency for Research on Cancer in March 2015 classified glyphosate, the key active ingredient in Roundup, as “probably carcinogenic to humans,” leading to a ban on the chemical in some countries.

They were critical of the lobbying efforts by Bayer and agency capture by Big Pharma and Big Agriculture that have resulted in lax regulations that favor such companies.

“The science that shows the link between glycophosphates and non-Hodgkin lymphoma is compelling,” said Dr. Kat Lindley, president of the Global Health Project and director of the Global COVID Summit. “The fact that state legislators are contemplating allowing this company protection despite years of research shows the corruption of the whole system, with lobbyists at the helm of it.”

According to The New Republic, the company has paid out more than $14 billion in settlements and jury verdicts. The company’s stock price has taken a beating, losing 70% of its value, leading to broad public criticism of its acquisition of Monsanto.

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