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1. Laws & Regulations

BAYER OWES $6.9M OVER WEED KILLER ADVERTISING

At issue was the statement that "Roundup won't harm anything but weeds."

Associated Press
Jun 16, 2023
Containers of Roundup sit on a store shelf on Feb. 24, 2019, in San Francisco.
Two companies that sell top brands of household weedkiller will pay nearly $7
million for allegedly making false and misleading claims regarding the safety of
their products as part of a settlement with the New York Attorney General's
office on Thursday, June 15, 2023.
AP Photo/Haven Daley, File

NEW YORK (AP) — Bayer, the pharmaceutical and biotechnology company, has agreed
to pay $6.9 million to settle allegations by New York's attorney general that
its Monsanto unit made false and misleading claims about the safety of the
weedkiller Roundup.

The sum comes on top of the billions of dollars Bayer has already paid to settle
lawsuits claiming Roundup, one of the world's most widely used herbicides,
causes cancer.

The lawsuit by New York Attorney General Letitia James focused on advertising by
Monsanto, which was acquired by Bayer in 2018, saying Roundup “won’t harm
anything but weeds” and does not threaten the health of animal wildlife.

James said those claims breached a previous settlement New York state reached
with Monsanto two decades ago, in which Monsanto agreed to stop making
unsubstantiated claims regarding the safety of Roundup products containing
glyphosate.

“Pesticides can cause serious harm to the health of our environment, and pose a
deadly threat to wildlife, including pollinators and other species vital to
agriculture,” James said in a statement. “It is essential that pesticide
companies — even and especially the most powerful ones — are honest with
consumers about the dangers posed by their products so that they can be used
responsibly.”

Bayer, which insists that Roundup is safe to use, said it was “pleased” to
resolve the litigation. The company noted that the state's legal claim focused
on advertising practices, not on health risks to humans, “and made no findings
regarding the safety of Roundup products and no scientific conclusion that they
have caused harm to the environment including pollinators or aquatic species.”

The company said the attorney general had relied on outdated scientific studies
in bringing the claim.

Glyphosate has been the subject of scrutiny and scientific debate for years. The
France-based International Agency for Research on Cancer, which is part of the
World Health Organization, classified it as a “probable human carcinogen” in
2015.

The U.S. Environmental Protection Agency found in 2020 that the herbicide did
not pose a health risk to people, but a federal appeals court in California
ordered the agency last year to reexamine that ruling, saying it wasn't
supported by enough evidence.

The millions of dollars that Bayer and Monsanto will pay to the New York
attorney general’s office will go toward remedying the impacts of environmental
toxins or pollution on pollinating insects and aquatic species.

The settlement also requires the companies to immediately remove or discontinue
any advertisements that represent Roundup products containing glyphosate as
harmless, nontoxic or free from risk to wildlife.

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