You knew it was coming. It was just a matter of time.
As part of its multi-phase approach to resolve its ongoing litigation related to Roundup causing non-Hodgkin's lymphoma in thousands of cancer patients, Bayer will discontinue sales of its popular herbicide in the consumer market. Bayer said in the July 29 statement that, beginning in 2023, it will replace its glyphosate-based products in the U.S. residential lawn and garden market with new formulations that rely on alternative active ingredients.
The news is part of Bayer 's five-point plan released in May to deal with claims alleging Roundup causes non-Hodgkin 's lymphoma in users. The decision to pull Roundup from shelves for everyday consumers is being made exclusively to manage litigation risk and not because of any safety concerns on the part of Bayer, the company says. There will be no change in the availability of the company 's glyphosate formulations in the U.S. agricultural and professional markets, which includes golf.
Bayer soon will file a petition with the U.S. Supreme Court appealing a lower court decision in the Hardeman v Monsanto Co. case. The company claims federal preemption prevents Bayer from complying with some states ' laws asking for cancer warnings on product labeling.
Beginning in 2023, Bayer will replace its glyphosate-based products in the U.S. residential lawn and garden market with new formulations that rely on alternative active ingredients.
If the Supreme Court rules in Bayer's favor, it could effectively end U.S. Roundup litigation. But if the court issues a ruling in favor of the plaintiff, Bayer estimates an additional $4.5 billion might be necessary to settle future litigation. In the event of a Supreme Court decision that favors the plaintiff, Bayer will establish a claims administration program with pre-determined compensation values similar to those for current settlements.
Bayer has, to date, settled about 100,000 lawsuits for an estimated $11 billion. Another 30,000 claims are pending. According to Bayer, about 90 percent of all lawsuits originated in the consumer market.
In addition to releasing new alternate formulations for the residential market, Bayer plans to start discussions with the U.S. Environmental Protection Agency about Roundup labels with the goal of providing more information to users.