Chemicals Bayer suffers setback in PCB litigation
The German chemical company Bayer has suffered a setback in the US legal disputes surrounding the environmental chemical PCB, which has been banned for decades.
31.10.2025, 11:11
SDA
The Washington State Supreme Court reinstated a first-instance judgment against Bayer from 2021. This had awarded three teachers damages totaling the equivalent of 160 million euros.
As the pharmaceutical and agrochemical company announced on Thursday evening, it considers this ruling by the Washington Supreme Court to be wrong. Further appeals are now to be examined.
Plaintiffs claim damages due to exposure to building products
Specifically, the case is about PCB exposure in "building products" from the Sky Valley Education Center school, which three teachers blame for brain damage. The products were manufactured by the US company Monsanto, which Bayer acquired in 2018.
In May last year, an appeals court overturned a ruling from 2021 that had awarded them very high damages. The plaintiffs then appealed to the Supreme Court of the US state of Washington.
Bayer then also wanted to have the question of punitive damages clarified by the highest judges. This is because Bayer is of the opinion "that the product liability law in Washington State does not allow punitive damages as awarded in this and the other cases".
However, the supreme court justices have now concluded that Washington state law was correctly applied in the first instance: "Accordingly, we reverse the judgment of the court of appeals in part and hold that a new trial is not warranted."
Expensive legacy
Back in August, Bayer had already reached an agreement in principle to settle all PCB cases relating to the Sky Valley Education Center - excluding these previous rulings against the company. The costs are covered by provisions and liabilities, it said.
Like the multi-billion dollar dispute over the alleged cancer risks of the weedkiller glyphosate, the PCB lawsuits are an expensive legacy of the US seed company Monsanto.
