More Bad Behavior by Bayer/Monsanto

In the wake of the ongoing 3rd Round Up Trial currently proceeding in a California court, the curtain continues to be pulled away on Bayer/Monsanto’s bad behavior involving its popular weed killer “Round Up”.

There are currently several thousand lawsuits pending around the country against Bayer/Monsanto filed by victims exposed to “Round Up” weed killer who all claim to have developed cancer, including Non-Hodgkin Lymphoma (NHL) - a cancer of the immune system - from their use of Round Up.

The 1st Round Up Trial resulted in a $289 million verdict (later reduced to $78.5 million) in August, 2018, for a man who developed NHL after many years of using Round Up in his landscaping work.

The 2nd Round Up Trial resulted in an $80 million verdict in March, 2019 for another man who developed NHL after many years of using Round Up on his property.

The currently ongoing 3rd Round Up Trial is being held in an Oakland, California court for a husband and wife who developed NHL within 4 years of one another after routinely using Round Up for many years to control weeds on their property.

Over the years there have been studies which conclude that exposure to Glyphosate, the active ingredient in Round Up raises cancer risks by as much as 40% or more in those persons who are exposed to it. A number of areas around the world have outlawed the use of Round Up. The lawsuits all claim that Bayer/Monsanto knew of the risks of Round Up and failed to warn users of that risk and how to avoid it. Bayer/Monsanto to this day continues to maintain that Round Up is “as safe as table salt”.

During the course of the litigation and trials, a number of instances of bad behavior on the part of Bayer/Monsanto has come to light, including:

Ghost Writing Articles

Findings have been made that in order to confront mounting evidence as to the dangers of glyphosate and Round-Up, Monsanto secretly commissioned scientists – as well as Monsanto employees - to write “independent” articles which concluded that the products were safe. At times, Monsanto even reviewed and suggested edits before those articles were published as “independent” research in peer-reviewed science journals. Of course, the involvement of Monsanto in the production of those articles was not revealed at the time and only came to light as a result of documents produced in connection with the lawsuits.

Pressuring Journals To Retract Research Papers

In another instance, there was evidence that Monsanto used its influence to pressure a journal editor to retract a research paper – against the wishes of the authors of the paper – because Monsanto did not like or agree with some of the findings of that paper. The internal corporate documents made it clear that the Monsanto employees applying the pressure – did not want their involvement known.

Collaborating With The EPA To Suppress Research

In 2015, a department of the CDC (Center for Disease Control) undertook to do a toxicology review of glyphosate. Evidence recently produced through an FOIA (Freedom of Information Act) request show that almost immediately, Monsanto contacted their compadres with the EPA to try and have this review stopped. Internal communications from Monsanto to the EPA stated “We’re trying to do everything we can” to stop the review, to which an EPA official stated “You can count on us” (to stop it). Another EPA official stated to Monsanto “If I can kill this, I should get a medal.”

As a result, the toxicology review, although not totally “killed”, was suppressed/delayed for some 4 years while Monsanto continued to advertise that there is “no cancer risk” to its Round Up weed killer. Only in April, 2019 was the initial draft of the toxicology review finally released to the public and that draft confirmed that there were a number of studies suggesting the connection between glyphosate/Round Up exposure and cancer.

Geo-Fencing The Jury

One of the most outrageous examples of Bayer/Monsanto’s “bad behavior” has only recently come to light – during the course of the ongoing 3rd Round Up trial. Strong evidence has been produced that as the trial is progressing, Bayer/Monsanto has been geo-fencing the jury by sending “pop-up” ads touting the effectiveness and safety of Round Up to all cell phones within the immediate area of the courthouse and by similarly purchasing internet ads to appear on computers using the internet in the courthouse area.

Bayer CEO and Board in Trouble?

As all of this bad behavior comes to light, the pressure is mounting on the CEO and Board of Bayer which pushed for and achieved Bayer’s $6 billion purchase of Monsanto in 2018 just before the 1st Round Up trial. Since that time, the company has lost some 38% of its market value – amounting to almost $39 billion in losses. It may very well be that the CEO and Board will be faced with a “no confidence” vote at the upcoming annual shareholder’s meeting – particularly if the 3rd Round Up trial goes against them. It will be interesting to see if at some point, this mounting pressure forces Bayer to settle and resolve this litigation allowing the corporation to move forward again.

Protect Your Rights

If you or a loved one have been exposed to Round Up weed killer and developed certain cancers, including Non-Hodgkin Lymphoma, you or they may be entitled to compensation for these devastating conditions. For over 65 years, the attorneys at Lattof & Lattof, PC have been helping victims and families protect their rights and obtain fair compensation for suffering and injuries including those from defective products such as Round Up weed killer. We will work hard to obtain justice for you against those responsible. Contact us for a FREE CONSULTATION and we’ll be more than happy to discuss your case and advise you of your rights.


Mitchell Lattof Jr.
Mobile Alabama Personal Injury Lawyer