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United States District Judge Vince Chhabria ruled on January 28, 2019, that certain controversial evidence could be presented in the Roundup case. The case will be heard on  February 25, 2019, in San Francisco federal court. The case pits Edwin Hardeman against Bayer AG. Hardeman claims that Bayer’s Roundup weed killer gave him cancer. He also says the company knew about the dangers but continued making the product.

Evidence to be Admitted

Hardeman’s lawyers purport that the evidence that Bayer AG wanted withheld from the court in the Roundup case shows that the company attempted to ghostwrite some studies. They hoped to influence the opinion of scientists and others to believe that glyphosate is safe to use. Glyphosate is a major ingredient in Roundup herbicide.

Judge Says Monsanto Should be Disappointed

Judge Chhabria, according to an article published by Reuters, says that his decision is “probably most disappointing for Monsanto.” Monsanto is the division of Bayer AG who was responsible for the production of the Roundup herbicide.

Judge Previously Ruled in Bayer AG's Favor

The decision to allow into evidence information about the company’s lobbying efforts was probably even more disappointing to Monsanto because the same judge had ruled on January 3, 2019, that internal memos could not be used in the initial trial. The judge in the Roundup case did leave open the door that these memos could be used in the punitive part of the case. Before the case could move to that phase, the jury would have to find Bayer AG and Monsanto guilty of causing Hardeman’s cancer.

Hardeman's Use of Roundup

There are 629 cases against Bayer AG concerning its Roundup herbicide. These cases are waiting to be heard in federal court. On November 21, 2018, Judge Chhabria selected Hardeman’s case as the first one to be heard. Hardeman had used large volumes of Roundup containing glyphosate on his property in the 1980s. He used it to control poison oak. He was diagnosed with non-Hodgkin lymphoma in February 2015. Hardeman filed a lawsuit against the company a year later.

Bellwether Case

Hardeman’s case will serve as a bellwether case. These cases are frequently used in product liability cases to determine the amount of damages that should be paid. Courts can also use them to define settlement options.

Is Glyphosate Safe?

The United States Environmental Protection Agency ruled that glyphosate is a safe ingredient. The World Health Organization ruled that glyphosate is probably carcinogenic to humans.

Bayer AG Stock Prices

Bayer AG purchased Monsanto in September 2016. On Tuesday, Bayer AG stock closed in the New York Stock Exchange at $19.10 which is slightly ahead of its 52-week low of $16.58. The closing followed news of the judge's ruling in this Roundup case.