Attorneys and analysts cannot figure out Bayer/Monsanto's endgame with the Roundup litigation. Even if they were to win one of the preemption appeals (which they lost in Carson on 2/2/24), it would still take them until 2025 to potentially get a hearing at SCOTUS on preemption. They likely would not decide SCOTUS until 2026 – and even then, they would not be knocking 50,000+ claims out of the box.
So what's Bayer/Monsanto's endgame with the Roundup litigation? As marketers, we can only hypothesize.
Some analysts think Bayer/Monsanto will continue to vigorously defend against the Roundup litigation because they can. Just look at their investor deck. Bayer is worth over $29B. While the US is a significant market for them, there are others - Europe, the Middle East, Africa, North America, Asia Pacific, and Latin America. Roundup is only one product of many within one category: Crop Science, Pharmaceuticals, and Consumer Health.
Some attorneys think Bayer will feel the pressure from investors and minimize their liability by settling the 50,0000 claims. The pending litigation might impact their overall business operations, including sales and market share, potential long-term product portfolio, and research and development efforts. A global settlement will mitigate the impact of the litigation on the company's operations and reputation.
As a consumer, I'm concerned with corporations like Bayer's ability to shape regulations (EPA) and the public perceptions surrounding toxic chemicals like glyphosate, the active ingredient in Roundup. We've seen to what lengths Bayer will go to defend the safety and efficacy of glyphosate by engaging regulatory agencies as outlined in books like The Monsanto Papers and Servants of the Damned.
The endgame for Bayer/Monsanto with the Roundup litigation likely involves a combination of legal defense, financial management, and regulatory engagement to protect their margins and ensure shareholder dividends.
It's up to the plaintiff bar to work together to remind corporations, regulators, judges, and juries that as long as corporations put short-term profits over safety and hurt thousands of people, the endgame is about accountability, changing public policy, and justice, not maintaining shareholder dividends.
If you would like to learn more about marketing for Roundup, discuss criteria, and launch your campaign, please contact us.
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