Bayer lost a third appeal against U.S. court verdicts that awarded damages to customers blaming their cancers on use of its glyphosate-based weedkillers, leaving the German drugs and pesticides group to pin hopes for legal relief on the U.S. Supreme Court.

A California appeals court late on [August 9] upheld an $86 million verdict that found Bayer responsible for a couple’s cancer after using Bayer’s glyphosate-based Roundup against weeds.

Bayer in February 2020 filed an appeal, saying the verdict could not be reconciled with sound science or with product clearance from the federal environment regulator.

Roundup-related lawsuits have dogged the company since it acquired the brand as part of its $63 billion purchase of Monsanto in 2018.

“We respectfully disagree with the Court’s ruling as the verdict is not supported by the evidence at trial or the law. Monsanto will consider its legal options in this case,” Bayer said in a statement.

Among measures to contain the legal damage, Bayer plans to replace glyphosate in weedkillers for the U.S. residential market with other active ingredients. It will continue to sell the herbicide to farmers, who rely on it heavily.

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