Bayer denies allegations in Sebastopol Roundup cancer lawsuit

A Sebastopol farmer says he was diagnosed with cancer three years ago after using Roundup weed killer on his apple orchard and elsewhere on his property for more than a decade.

Michael and Bobbie Meyer filed a lawsuit on Aug. 16, 2021, alleging design defect, failure to warn, negligence, breach of implied warranties, breach of express warranty and loss of consortium.

Their lawsuit names Roundup’s manufacturer, Monsanto Company, which was acquired by Bayer Corporation in 2018. It also names Wilbur-Ellis Company, which distributed Roundup.

Testimony in the jury trial began Wednesday in Sonoma County Superior Court before Judge Chris Honigsberg. Proceedings resume Tuesday.

According to the complaint, Michael Meyer, 58, was diagnosed with non-Hodgkin’s lymphoma in December 2020 after using Roundup since 2006.

Roundup contains glyphosate. The International Agency for Research on Cancer announced in 2015 the chemical is “probably carcinogenic to humans.”

Meyer is currently in remission, but suffers from side effects like memory loss.

“His doctor will testify in this case that he was young to get the cancer, that there's a 30% likelihood of relapse at any time, and that if he does relapse, he only has an even chance of saving him,” one of Meyer’s attorneys, Brian Glasser, told jurors Wednesday. “The evidence is going to be that he will never be the same as he was.”

Bayer’s spokespeople denied the allegations in a statement to The Press Democrat.

They noted a recent court ruling on glyphosate warnings downplayed the IARC’s position on its dangers, and other agencies still allow the chemical to be used. A European Union commission, for example, recently approved its use for 10 years.

“We will confidently defend this case based on the overwhelming weight of science as well as the assessments of the EPA and leading health regulators and scientists worldwide that support the safety and non-carcinogenicity of Roundup,” a spokesperson wrote.

Historically, Roundup has faced criticism that it is harmful and can cause cancerous side effects.

In Sonoma County, area residents and environmentalists urged lawmakers to ban Caltrans from using Roundup along state highways.

A year ago, this led to the introduction of Assembly Bill 99, which would require Caltrans to annually provide data on which types of pesticides it is using, where they’re being applied and in what quantity.

It would also require Caltrans to alert residents any time it is scheduled to spray and force the agency to comply with more stringent county guidelines where they exist.

Monsanto introduced Roundup in 1974 and, according to Forbes, settled more than 100,000 cases by May 2022, paying out an estimated $11 billion. At that time, another 30,000 suits were pending against Monsanto or Bayer.

In its statement to The Press Democrat, Bayer says 11 of the last 17 trials ended in the company’s favor, and most claims have been resolved. Most recently, they won a case in Arkansas on Friday.

“We will also work to prevent errors that have marred recent trials with misrepresentations promoted by plaintiffs regarding the worldwide regulatory and scientific support for the safety of these products,” they wrote. “It is widely accepted in the scientific community that the overwhelming majority of mutations that lead to (non-Hodgkin’s lymphoma) are due to naturally occurring replication errors, further proof that Roundup is not responsible for the injuries alleged in this case.”

In his opening statement, Glasser told jurors Roundup contains chemicals on top of glyphosate and the jury will learn that all are dangerous to people.

“All these chemicals, glyphosate down, are, we will prove, poisons,” he told the jury. “The evidence will be that stacking carcinogens is additive and makes the glyphosate more dangerous in combination with these other chemicals. The evidence will be that together with glyphosate, this makes Roundup. And Roundup is many, many times, our experts will tell you, more dangerous than glyphosate alone.”

You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi