Bayer AG CEO Bill Anderson on May 23 said the wave of lawsuits
over its Roundup weedkiller is an “existential” threat to the company and
farmers, threatening innovation, with the costs exceeding those for R&D.
“The glyphosate litigation topic is an existential topic for our company
because it does threaten to remove our ability to continue to innovate for
farmers and for food security,” Anderson said in a speech at the Executives’
Club of Chicago, referring to Roundup’s key ingredient.
The chemical conglomerate is spending more on lawsuits than the $2.6 billion a year spent on R&D, the CEO said. He said Bayer is the largest R&D investor in agriculture, and the legal issues put at risk the progress needed to feed an exploding world population by mid-century with less water and land.
“This is actually something very serious for American agriculture,” he
stressed. “It’s been estimated that the cost of groceries for the average
family of four in the US would go up by more than 40% if glyphosate were
removed from the agriculture system.”
Crops genetically modified to withstand the application of glyphosate
weedkiller account for almost all of the corn and soybean plantings in the US
and Brazil. Anderson said that despite the US’s scientific and regulatory
communities giving a green light to glyphosate, the company is still subject to
billions of dollars every year in lawsuits.
Bayer inherited the Roundup lawsuits through its 2018 purchase of
agriculture behemoth Monsanto for $63 billion. The German company’s shares
have lost more than 70% of their value since the Monsanto purchase.
Anderson’s predecessor, Werner Baumann, generally stopped short of
warning that the company’s existence was threatened, even as the legal woes
mounted. Bayer has set aside $16 billion to resolve Roundup suits. About $10
billion of that reserve has been spent so far, a company spokesman said.
Investor concern has grown about Bayer’s liability, eventually
leading to the departure of Baumann. In addition to the legal woes, the company
has been grappling with other problems, including a weak drug pipeline and high
debt.
Bayer has vigorously defended its claim that glyphosate and
glyphosate-based formulations are safe, and the chemical remains in widespread
use across much of the world.
Bayer is ratcheting up the stakes as it considers a controversial legal
maneuver known as the Texas Two-Step bankruptcy, which would allow it to settle
tens of thousands of US lawsuits claiming that Roundup causes cancer, people
familiar with the company told Bloomberg in March (GM March 15,
p. 1).
The Texas Two-Step gets its name from the use of a state law that lets
companies split their assets and liabilities into separate units, then place
the part loaded with liabilities into bankruptcy to drive a global
settlement.
Such a move, if successful, could permit other parts of Bayer, a major
pharmaceutical and consumer health company, to keep operating normally. But
courts have rejected the tactic by 3M Co. over suits targeting faulty hearing
protection devices for US soldiers and by Johnson & Johnson in litigation
tied to its talc-based baby powder.
Bayer agreed to transition from the glyphosate-based version of Roundup
to new active weed-killing ingredients in the US consumer market by the end of
last year. The company still sells glyphosate-based herbicides for agricultural
markets, however, and the European Union late last
year authorized sales for another decade.
Bayer has also sought a legislative solution with at least a handful of
states mulling bills in recent months that would shield the company from
lawsuits alleging liability due to Roundup (GM April 26, p. 29).