Attorney General of New York v. Bayer and Monsanto

Assurance No. 23-025
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Final judgment
United States, New York

Prosecutor
Letitia James
Monsanto, Bayer
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Settlement
Stipulated Settlement Agreement
Herbicide, Glyphosate, Roundup
Investigation opened into potential violations of state laws against false and misleading advertising by Monsanto, claiming that its Roundup products are safe for human health and the environment.
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June 15, 2023
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Monsanto-Bayer agreed to pay the sum of 6.9 million dollars, but did not admit any liability for the existence of pathologies linked to the use of Roundup.

On June 15, 2023, New York State Attorney General Letitia James reached a settlement with Bayer and Monsanto for making false and misleading statements about the safety of certain Roundup consumer weed killers, in violation of false and misleading advertising rules. The companies agreed to pay nearly $7 million and to stop promoting Roundup products as safe for the environment. This decision is part of an increasingly unfavorable litigation context for glyphosate-containing products manufactured and sold by Monsanto-Bayer, which are accused of causing numerous cancerous pathologies in users.

In 2020, the New York State Office of the Attorney General (OAG) had opened an investigation targeting Monsanto-Bayer of a possible violation of a previous agreement reached between Monsanto and the BPGNY in 1996, in which the company had already committed to cease making unsubstantiated claims about the safety of Roundup® products that contain glyphosate.

Letitia James had decided to open the investigation following a video published by Bayer in 2019 on the Youtube platform, claiming that Roundup weed-killing products "are only harmful to weeds". Also, on its website, Bayer states that Roundup would be a "useful tool" to protect the environment in that it reduces tilling work. A number of other videos, articles and slogans were circulated to present glyphosate-based pesticides as safe for the environment and human health, comparing Roundup to soap, for example. While some of these ads were eventually withdrawn by Bayer during the course of the investigation, others are still accessible to the public.

The 2023 agreement is therefore a further sanction for the companies' behavior. Although Bayer has agreed to pay the sum of $6.9 million to conclude this investigation, its liability is neither engaged nor recognized. Bayer continues to maintain that the investigation did not lead to any negative scientific conclusions about Roundup, and denies any link between the use of Roundup and the development of cancer.

According to BPGNY, the sum of 6.9 million should be used to fund programs to reduce the damage caused by pesticides to pollinating insects and aquatic environments, as well as supporting research and environmental restoration.