Roundup Lawsuit as a Test Case in Australia
The Australian lawsuit against Bayer’s subsidiaries brings together over 1,000 claimants and serves as a critical test case for a country where Roundup is widely used. Closing arguments have been presented in the Federal Court in Victoria. If the judge rules that Roundup did cause lymphoma, the court will then assess Bayer’s negligence regarding product risks and determine potential damages. Bayer has expressed firm support for its glyphosate-based products, which have been used globally for almost half a century. Although damages are likely to be smaller than those awarded in the United States, according to the claimants’ representative firm, Maurice Blackburn.
Lead Claimant Kelvin McNickle
Representing the claimants, law firm Maurice Blackburn highlighted 41-year-old Kelvin McNickle as the lead claimant. McNickle has stated that he used Roundup for over 20 years to spray weeds on his family’s property and during his work for a vegetation management company. He was diagnosed with lymphoma shortly before the trial began and is currently undergoing treatment. The outcome of the McNickle claim will influence other related cases, as three have been permanently stayed by the Federal Court, and one class action has been put on hold.
Bayer’s Acquisition of Monsanto
Monsanto, the original producer of Roundup, was acquired by Bayer in 2018 for $63 billion. The product has faced scrutiny since 2015 when the World Health Organization’s cancer research agency suggested that glyphosate might be a probable human carcinogen. However, the agency did not definitively indicate whether it posed a risk when used in real-world applications.
Roundup’s Continuing Use
Despite the ongoing legal battles, Bayer continues to sell glyphosate-based weedkillers to farmers who heavily rely on the product. Sales of the household version of Roundup have been phased out, with the company facing 31 Canadian lawsuits related to Roundup, including 11 seeking class action certification. Regulatory bodies, including the European Commission and those in the United States, still permit the use of Roundup, with glyphosate’s approval renewed for another decade by the European Commission in the previous year.