This week, ILR President Harold Kim discussed the Bayer Monsanto Roundup settlement in an op-ed that ran in RealClear Politics:
“The only reason Bayer is paying anybody anything is a flawed U.S. tort system that left the company little choice. Plaintiffs’ lawyers spent tens of millions of dollars on a years-long campaign to recruit clients for lawsuits based upon the questionable scientific opinions of paid experts.,” Harold Kim wrote. “Some of the experts only began linking Roundup to cancer shortly before they started appearing in court. Judges allowed those experts to testify in front of non-scientist jurors who were understandably sympathetic toward plaintiffs suffering from a potentially fatal disease. Those jurors overlooked -- or in some cases were never told -- that government experts consider Roundup to be safe.”
The settlement does not contain any admission of wrongdoing or liability, and Bayer won’t put a warning label on Roundup because it can’t. In August 2019, the EPA said that Roundup’s active ingredient doesn’t cause cancer, and warning labels are prohibited.