(Reuters) - Bayer AG is in mediation to potentially settle thousands of U.S. lawsuits claiming that the company’s Roundup weed killer causes cancer, but some legal experts said the cases raises novel questions that may prevent an easy settlement.
More than 42,700 plaintiffs claim Roundup causes a type of cancer called non-Hodgkin’s lymphoma.
Bayer to date has lost three U.S. jury trials in the Roundup litigation. The company is appealing or has vowed to appeal the decisions, saying Roundup and its active ingredient glyphosate are not carcinogenic
Legal experts outlined several obstacles the parties may face on the path towards settlement.
WHY IS THE ROUNDUP LITIGATION DIFFERENT FROM OTHER PRODUCT CASES?
Settlements involving drugs, medical devices or consumer goods often result in the addition of a warning label, a recall or the outright discontinuance of a product. Those steps generally close the door to future lawsuits, making settlement costs and risks predictable.
Bayer has never publicly considered pulling Roundup off the market. The company in June announced a $5.6 billion investment to research and develop a glyphosate alternative.