Round up of Bayer’s recent legal woes from Monsanto

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Agricultural Application Trends of Glyphosate in the United States According to U.S. Geological Survey (USGS) Data Credit from  new ATSDR Report on Glyphosate

A French court has ruled that Monsanto was liable for the sickness of a farmer who inhaled one of its weed killers, in another legal setback for the Bayer-owned business over health claims, reports Reuters.

In the latest stage of a decade-long legal tussle, the appeals court in Lyon on Thursday found in favor of farmer Paul Francois’ claim that Monsanto’s Lasso weed killer had made him sick and that the product’s labeling had been inadequate. Francois, 55, says he suffered neurological problems, including memory loss, fainting and headaches, after accidentally inhaling Lasso in 2004 while working on his farm.

“Mr. Francois justifiably concludes that the product, due to its inadequate labeling that did not respect applicable regulations, did not offer the level of safety he could legitimately expect,” the court said in its ruling.

Another Reuters story reported that  Bayer said it would comply with a U.S. federal judge’s order to enter mediation with a plaintiff who claims the company failed to warn against an alleged cancer risk from its Roundup weed killer. Bayer has seen $34 billion wiped off its market value since August, when a first U.S. jury found Bayer liable because Monsanto, the Creve Coeur-based company acquired by Bayer for $63 billion last year, had not warned of the alleged risk from Roundup, which is based on active ingredient glyphosate. It suffered a similar courtroom defeat last month and more than 10,000 cases are pending.

U.S. District Judge Vince Chhabria, who presided over the first two cases in federal court, said in a filing dated Thursday that Bayer and another plaintiff, Elaine Stevick, were ordered to start confidential mediation.

A third Reuters post reported that one of Bayer’s largest shareholders tore into the company’s management on Wednesday for underestimating the legal risks of its takeover of Monsanto, setting the stage for a fiery annual general meeting after a 30 percent plunge in the shares. “It’s quite drastic when a takeover triggers such value destruction and reputational damage so quickly. There can be no talk of a successful takeover anymore,” Ingo Speich, the head of sustainability and corporate governance at Deka Investment, told Reuters.

“What’s startling is that things have effectively moved beyond management’s control because we’re now at a point where the decisions over future development are made in court rooms,” he said, adding Bayer had clearly underestimated the risks.

Finally, a public health agency of the U.S. Department of Health and Human Services (DHHS), the Agency for Toxic Substances and Disease Registry (ATSDR), released the long-awaited Draft Toxicological Profile for Glyphosate.  The report supports and strengthens the 2015 cancer assessment of another health agency, the International Agency for Research on Cancer (IARC).

As the environmental group NRD Cnotes, a pattern is emerging: non-industry experts (Zhang et al 2019) and health agencies IARC and ATSDR are finding a link with glyphosate and cancer; whereas, regulatory agencies are lining up with Monsanto and Bayer that it does not cause cancer, even when reviewing the same scientific evidence.

FDA’s Gottlieb blames industry ‘Kabuki drug pricing’ for high costs

Reuters reports that U.S. Food and Drug Administration chief, Scott Gottlieb, criticized pharmacy benefit managers, health insurers and drug makers for “Kabuki drug-pricing constructs” that profit the industry at the expense of consumers.  The comments, made at a conference organized by a leading U.S. health insurer lobbying group, stoked speculation over what steps the administration of U.S. President Donald Trump may take to rein in lofty prescription drug costs.  “Patients shouldn’t face exorbitant out-of-pocket costs, and pay money where the primary purpose is to help subsidize rebates paid to a long list of supply chain intermediaries,” Gottlieb said at the meeting of America’s Health Insurance Plans (AHIP). “Sick people aren’t supposed to be subsidizing the healthy.”

Bank of America takes aim at gun-making clients

Bank of America Corp became the latest financial heavyweight to take aim at gunmakers, saying it would ask clients who make assault rifles how they can help end mass shootings like last week’s massacre at a Florida high school, writes Reuters.  Bank of America, the second-biggest U.S. bank by assets, said its request to makers of the military-style weapons was in line with those taken by other financial industry companies to help prevent deadly gun rampages.  “An immediate step we’re taking is to engage the limited number of clients we have that manufacture assault weapons for non-military use to understand what they can contribute to this shared responsibility,” the Charlotte, North Carolina-based bank said in a statement.

EU starts in-depth probe of Bayer, Monsanto deal

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Reuters reports that the European Commission has started an in-depth investigation of Bayer’s planned $66 billion takeover of U.S. seeds group Monsanto, saying it was worried about competition in various pesticide and seeds markets. The deal would create the world’s largest integrated pesticides and seeds company, the Commission said, adding this limited the number of competitors selling herbicides and seeds in Europe.  If the deal goes through, the newly merged company will be one of the largest agrochemical firms in the world and could put 90 percent of the world’s food supply in the hands of only four multinational corporations.

Trump tells US automakers he’ll cut taxes and regulations, says environmentalism is out of control

U.S. President Donald Trump pushed the chief executives of General Motors, Ford and Fiat Chrysler on Tuesday to increase production in the United States and boost American employment, reports Reuters. Trump opened a meeting with GM CEO Mary Barra, Ford CEO Mark Fields and Fiat Chrysler CEO Sergio Marchionne at the White House by saying he wants to see new auto plants built in the United States. The new Republican president vowed to cut regulations and taxes to make it more attractive for businesses to operate in the United States…U.S. automakers have been reluctant to open new U.S. auto plants in recent years, but they have expanded operations at existing U.S. plants…With flattening U.S. auto sales and some excess capacity, U.S. automakers may be reluctant to agree to open new plants, which likely would not come online for several years. Tuesday’s gathering was the first time the CEOs of the big three automakers have met jointly with a U.S. president since a 2011 session with Barack Obama to tout a deal to nearly double fuel efficiency standards by 2025…Automakers have urged the Trump administration to rethink those aggressive fuel efficiency mandates.

UK court rejects tobacco companies’ appeal on plain packaging

A UK court has dismissed an appeal brought by some of Britain’s largest tobacco companies over the government’s new plain packaging rules, reports Reuters.  In the decision, the court dismissed all appeals brought by British American Tobacco, Japan Tobacco, Imperial Brands and several paper manufacturers. The companies argued that the law, which went into effect in May, unlawfully deprives them of their intellectual property by banning the use of all marketing on packages, including logos, colors and special fonts. “This is a victory for public health and another crushing defeat for the tobacco industry,” said Deborah Arnott, chief executive of health charity Action on Smoking and Health.

Guns, trade secrets and the public’s right to know

A stark battle between corporate and public interests is taking place in a courtroom in Bridgeport, Connecticut, where the families of 10 children killed in the 2012 massacre at Sandy Hook Elementary School are suing Remington Arms, the company that makes and sells the semi­automatic weapon used by the killer, writes Alison Frankel  for Reuters. The fight is over Remington’s marketing and sales information.  Read more.

India drug industry says U.S.-led trade deal will raise prices

Reuters reports that leaders of India’s $15 billion pharmaceuticals industry, a major supplier of affordable generics to the world, have joined public health activists in criticizing a new U.S.-led trade deal they say will delay the arrival of new cheap drugs. Industry executives said provisions of the Trans-Pacific Partnership (TPP) deal struck earlier this month between 12 nations that shield new drug data from competitors would hurt their business in those nations.