Bayer Crop Science continues to stand by glyphosate, despite ongoing legal challenges. During the annual meeting of the American Sugarbeet Growers Association (ASGA) on January 28, 2024, George Gough, director of stakeholder relations for the company, indicated that while an exit from the glyphosate market may be considered in the future, the decision is not imminent.
Gough’s comments come as Bayer awaits a ruling from the U.S. Supreme Court regarding the case of Monsanto Company v. Durnell. The case, which the court accepted in January 2024, revolves around Bayer’s argument that it followed established laws by not including a cancer warning on glyphosate products. This stance is based on the approval received from the Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act, which governs pesticide labeling.
Legal Landscape Surrounding Glyphosate
During his presentation, Gough emphasized the challenges Bayer faces, including more than $12 billion spent on glyphosate-related lawsuits. He noted that while Bayer has lost several high-profile cases, it has also secured victories, holding a record of 15 wins to 11 losses in court. Gough attributed their successes to the presentation of scientific evidence, reinforcing that glyphosate has been extensively studied with no conclusive evidence linking it to cancer.
The controversy surrounding glyphosate intensified in 2015 when the International Agency for Research on Cancer (IARC) categorized it as a probable carcinogen. Gough clarified that despite IARC’s classification, other reputable organizations such as the World Health Organization and various regulatory bodies have not supported this conclusion, allowing Bayer to argue that the science remains on its side.
Gough pointed out that the ongoing litigation primarily involves residential users of glyphosate rather than agricultural or commercial users, with thousands of claims still pending. He acknowledged the uncertainty surrounding the Supreme Court’s decision, which could significantly affect the future of glyphosate in the market.
Implications for Agriculture and Future Investments
Should Bayer decide to withdraw from the glyphosate business, Gough warned that it would not eliminate glyphosate from the market, as the only other manufacturer is based in China. He stated, “We might have to eventually exit the glyphosate business. And that would be a bad day, not just for Bayer, but for the growers in the United States.”
The prolonged legal disputes over glyphosate have created an environment that may deter investment in new agricultural chemicals, as companies become wary of potential litigation risks. Gough expressed concern about the precedent this sets, stating, “How do I know 40 years from now I’m not going to get sued and get set back that much more?”
The ASGA, represented by its CEO Luther Markwart, is actively contributing to the legal discourse surrounding glyphosate. The association is working on an amicus brief for the Supreme Court case, emphasizing the importance of glyphosate in modern agricultural practices, particularly the development of Roundup Ready sugarbeets, which facilitated more effective weed control.
As Bayer navigates the complexities of litigation and regulatory scrutiny, the future of glyphosate remains uncertain, with significant implications for agricultural practices and crop protection strategies across the United States.
