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Bayer Roundup Weed Killer and Its Legal Battles

Talha

Bayer AG, a multinational pharmaceutical and life sciences company, acquired Monsanto in 2018 for $63 billion. With this acquisition, Bayer inherited Roundup, a widely used herbicide developed by Monsanto. Roundup's primary active ingredient, glyphosate, has been a subject of controversy and litigation due to alleged health risks.


Glyphosate is a non-selective herbicide, meaning it kills most plants. It has been widely used in agriculture, horticulture, and even by homeowners for weed control. The controversy around glyphosate centers on its potential health effects:


1. Cancer Risk: In 2015, the International Agency for Research on Cancer (IARC), part of the World Health Organization (WHO), classified glyphosate as "probably carcinogenic to humans" (Group 2A). This classification was based on evidence linking glyphosate exposure to non-Hodgkin lymphoma (NHL) in humans and sufficient evidence of cancer in animals.


2. Other Health Concerns: Studies have also raised concerns about glyphosate's potential effects on endocrine disruption, reproductive health, and liver and kidney function. However, regulatory agencies like the U.S. Environmental Protection Agency (EPA) and the European Food Safety Authority (EFSA) have maintained that glyphosate is safe when used according to label directions.


Since the IARC's classification, thousands of lawsuits have been filed against Monsanto (and now Bayer) by individuals alleging that Roundup caused their NHL. Some key points in the legal battles include:


1. Notable Cases:

- In 2018, a California jury awarded $289 million to Dewayne Johnson, a groundskeeper who claimed that Roundup caused his terminal cancer. The award was later reduced to $78 million.

- In 2019, a California jury awarded $2 billion to Alva and Alberta Pilliod, who both developed NHL after using Roundup for years. This award was also reduced on appeal.


2. Settlements: In June 2020, Bayer announced a $10.9 billion settlement to resolve about 95,000 lawsuits, with funds set aside for potential future claims. Despite these settlements, litigation continues as new cases emerge.


Monsanto, founded in 1901, has a controversial history marked by numerous allegations of unethical practices, particularly concerning its products and business strategies.


1. Agent Orange: During the Vietnam War, Monsanto was one of the primary manufacturers of Agent Orange, a herbicide used by the U.S. military. The chemical caused widespread health issues, including cancer and birth defects, among Vietnamese civilians and U.S. veterans.


2. Genetically Modified Organisms (GMOs): Monsanto was a pioneer in the development of GMOs. While GMOs have the potential to increase crop yields and reduce pesticide use, Monsanto faced criticism for aggressive marketing tactics, patent enforcement, and the uncertain long-term health and environmental impacts of GMOs.


3. Environmental Impact: Monsanto's production of polychlorinated biphenyls (PCBs), banned in the late 1970s, led to significant environmental contamination and numerous lawsuits over health and environmental damages.


Syngenta's Controversies

Syngenta, a Swiss agrochemical and seed company, has also faced its share of controversies:


1. Atrazine: Syngenta's herbicide Atrazine has been banned in the European Union due to groundwater contamination concerns. In the U.S., Atrazine remains widely used, but it has been linked to endocrine disruption and other health issues.


2. Paraquat: Syngenta produces Paraquat, a highly toxic herbicide associated with Parkinson's disease. Legal actions have been taken against Syngenta for failing to adequately warn users about the health risks.


Monsanto, Syngenta, and a few other companies have also been criticized for their monopolistic control over seeds and agricultural inputs, raising concerns about the impact on farmers and food security.


1. Seed Patents: Monsanto's practice of patenting genetically modified seeds has led to lawsuits against farmers accused of saving seeds from one harvest to plant the next, a traditional practice. This has led to a concentration of seed ownership, limiting farmers' choices and increasing costs.


2. Market Control: The consolidation of agricultural companies, with mergers like Bayer-Monsanto and Dow-DuPont (now Corteva), has resulted in a few companies controlling a significant share of the market for seeds, pesticides, and other agricultural inputs. This concentration of power can stifle competition and innovation, potentially leading to higher prices and fewer options for farmers.


In Pakistan, the legal battles of GMO licences has been ongoing since 2014 when the then government banned the import of GM seeds of soybean and maize. Advocates of these seeds were touting their pest-resistance and yields whereas 19 out of 38 European Union states had either completely or partially banned GMOs. Farmers consortiums and academic circles have to step up and educate stakeholders on the efficacy and long term environmental and health hazards these seeds pose for the future generations.

The ongoing legal battles over Roundup, along with Monsanto's and Syngenta's histories of controversy and the monopolization of agricultural inputs, highlight significant issues in the agrochemical industry. The health risks associated with glyphosate and other chemicals, combined with the ethical concerns about corporate practices, continue to shape the discourse on sustainable and equitable agricultural practices. As litigation and regulatory scrutiny continue, the outcomes will have far-reaching implications for the future of agriculture and public health.

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