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About 30,000 claims contending that Roundup caused non-Hodgkin's lymphoma are currently unsettled. Mike Mozart / CC BY 2.0

Bayer's $10 billion settlement to put an end to roughly 125,000 lawsuits against its popular weed killer Roundup, which contains glyphosate, hit a snag this week when a federal judge in San Francisco expressed skepticism over what rights future plaintiffs would have, as the San Francisco Chronicle reported.

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One of the largest civil settlements in U.S. history will still allow Bayer to sell Roundup without adding any cancer warnings. Mike Mozart / CC BY 2.0

In one of the largest civil settlements in U.S. history, Bayer agreed Wednesday to pay more than $10 billion to resolve around 95,000 cases claiming its glyphosate-based weedkiller Roundup causes cancer.

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A ruling that permanently bars California from affixing a cancer label to Roundup is separate from ongoing civil suits that claim glyphosate caused blood cancers. Mike Mozart / CC BY 2.0

A federal judge in California ruled on Monday that the state cannot put a cancer warning on the label of the popular herbicide Roundup, as The Associated Press reported.

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The EPA announced that soybean farmers in 25 states are allowed to spray Alite 27, a cancer-causing weedkiller known to drift 1,000 feet. fotokostic / iStock / Getty Images Plus

In the midst of the coronavirus epidemic, the U.S. Environmental Protection Agency (EPA) recently announced that soybean farmers in 25 states are allowed to spray Alite 27, a cancer-causing weedkiller known to drift 1,000 feet from where it was sprayed, according to The Midwest Center for Investigative Reporting.

To approve new use for the herbicide, which has the chemical name isoxaflutole and is manufactured by German-chemical giant BASF, the EPA had to skirt around the usual public comment period for the decision. The registration for isoxaflutole was opened for public comment, but it was never listed in the federal register. Agencies almost always provide notice that they are considering a new rule in the federal register, according to to The Midwest Center for Investigative Reporting.

"The press release caught everyone off guard, we were just waiting for the EPA to open the comment period, and we never saw it," said Nathan Donley, a senior scientist at the Center for Biological Diversity, referring to an EPA press release, as the AP reported.

The spray, which is already used on corn in 33 states, can be sprayed on crops that have been genetically engineered to resist the herbicide. Commodity farmers praised the decision and touted the weedkiller as an indispensable tool in their arsenal of supplies to push back against new "super weeds" that have grown resistant to several types of herbicides, including glyphosate, or RoundUp, the most commonly used herbicide in the U.S., as to The Midwest Center for Investigative Reporting reported.

"One of the biggest challenges growers face is resistant weeds, and the soybean market needed a new residual active ingredient to help fight against them," said Darren Unland, Technical Marketing Manager, BASF Agricultural Solutions, in a company press release. "Alite 27 herbicide will provide growers with another pre-emergent herbicide option to layer into their herbicide program for effective, season-long control."

Comments like Unland's were the only ones that appeared in the public register. In fact, there were 54 comments in the public register and all of them were in praise of Alite 27, neglecting that it is a known carcinogen and that the drift of the herbicide is potentially harmful to nearby farms and farmers.


"Clearly no one from the public health community knew about this because no one commented," Donley said, as The Midwest Center for Investigative Reporting noted. "Yet there was all these industry comments, all these positive comments. Someone was tipped off that this docket had been opened. One side was able to comment, the other wasn't."

While BASF and the EPA insist that they followed protocol and there was a month-long protocol for issuing public comment, the one-sided comments certainly raise eyebrows. The EPA, however, did put limits on the use of the potent herbicide, only allowing it in certain counties in 25 states and not in Indiana or Illinois, the two largest soybean-producing states.

"This is basically an herbicide that shouldn't be approved at all for any use. It's that bad really on both the human health and environmental fronts," said Bill Freese, science policy analyst at the Center for Food Safety, a national nonprofit public interest and environmental advocacy organization working to protect human health and the environment, according to The Midwest Center for Investigative Reporting.

Freese insisted he was ready with an arsenal of facts for the public comment period, but he never saw it. Amongst the facts that Freese wanted to present was the EPA's own statement that isoxaflutole is a likely carcinogen that damages human liver enzymes, it contaminates ground water, it travels long distances from where it was sprayed, and its label is extremely complicated. It requires farmers to know their soil type and the height of their water table.

"It's outrageous," Freese said to The Midwest Center for Investigative Reporting. "They knew this is a bad news chemical, and it was very likely done because they didn't want to give environmental groups the opportunity to comment on this, so they can avoid scrutiny."

Jörg Carstensen / picture alliance via Getty Images

By Carey Gillam

Bayer AG is reneging on negotiated settlements with several U.S. law firms representing thousands of plaintiffs who claim exposure to Monsanto's Roundup herbicides caused them to develop non-Hodgkin lymphoma, sources involved in the litigation said on Friday.

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Dicamba is having a devastating impact in Arkansas and neighboring states. A farmer in Mississippi County, Arkansas looks at rows of soybean plants affected by dicamba. The Washington Post / Getty Images

Documents unearthed in a lawsuit brought by a Missouri farmer who claimed that Monsanto and German chemical maker BASF's dicamba herbicide ruined his peach orchard revealed that the two companies knew their new agricultural seed and chemical system would likely damage many U.S. farms, according to documents seen by The Guardian.

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A French farmer sprays glyphosate herbicide on a cornfield on March 21, 2019 in Saint-Leonard-des-Bois, northwestern France. JEAN-FRANCOIS MONIER/AFP via Getty Images

A new investigation revealed that Monsanto funneled money to secretly fund academic studies that warned of catastrophic consequences to farmers if glyphosate was banned in the UK, according to research from the German watchdog LobbyControl, as The Guardian reported.

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The CEO of German chemicals giant Bayer, Werner Baumann, speaks during the company's annual news conference in Leverkusen, western Germany, on Feb. 27. INA FASSBENDER / AFP / Getty Images

By Carey Gillam

A California shareholder of Bayer AG on Friday filed a lawsuit against the companies' top executives claiming they breached their duty of "prudence" and "loyalty" to the company and investors by buying Monsanto Co. in 2018, an acquisition the suit claims has "inflicted billions of dollars of damages" on the company.

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Bill Bader, owner of Bader Farms, and his wife Denise pose in front of the Rush Hudson Limbaugh Sr. United States Courthouse in Cape Girardeau, Missouri on Jan. 27, 2020. Johnathan Hettinger / Midwest Center for Investigative Reporting

A jury in Missouri awarded a farmer $265 million in a lawsuit that claimed Bayer and BASF's weedkiller destroyed his peach orchard, as Reuters reported.

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By Eoin Higgins

President Donald Trump's Environmental Protection Agency on Thursday wrapped up a regulatory review of the safety of the weedkiller glyphosate and found the chemical poses no risk to human health — a decision that was immediately decried by advocates as another indication of the closeness between the administration and private sector interests.

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The compound of German chemicals and pharmaceuticals giant Bayer in Berlin on March 20, 2019. ODD ANDERSEN / AFP via Getty Images

By Carey Gillam

A highly anticipated Roundup cancer trial set to start later this month in the St. Louis area has been pulled from the docket, a court official said on Wednesday.

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