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Three Strikes And... Bayer Says It Is Not Even Close To Being Out

It’s been a bad last couple of weeks for Bayer AG.

The U.S. Supreme Court on Monday dealt yet another blow to Bayer AG’s effort to defend itself against ongoing litigation over allegations that Roundup herbicide causes cancer, denying the company’s request for a review of a California trial loss.

In declining to take up the case, the court let stand an $87 million award won by Alva and Alberta Pilliod. The jury originally ordered more than $2 billion in damages for the married couple, but the award was later cut by the court. Each of the Pilliods alleged they developed non-Hodgkin lymphoma after extensive use of Monsanto’s Roundup products.

Bayer inherited the liability for that case and tens of thousands of similar lawsuits when it bought Roundup-maker Monsanto in 2018. The lawsuits allege that Roundup causes non-Hodgkin lymphoma and that Monsanto long knew of the cancer risks but failed to warn its customers.