Mexican judge authorizes Bayer to continue supplying glyphosate until court resolves case

Mexican judge grants an injunction to Bayer, which allows it to continue supplying glyphosate and genetically modified (GM) corn seeds to Mexico, contrary to a Decree that was issued by Mexican President Lopez Obrador in 2020, and which ordered a gradual elimination of glyphosate and GM corn imports. Meanwhile, the debate between opponents and advocates of the Decree continues.

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Bayer’s injunction
In response to a legal challenge filed by German multinational Bayer and Mexico's National Agribusiness Council CNA, a federal court in Mexico issued a suspension of the application of a Presidential Decree of 31 December 2020, which had ordered the gradual elimination of glyphosate and genetically modified (GM) corn imports by 2024. The injunction, obtained on 12 July 2022, allows Bayer to continue supplying glyphosate and GM seeds to Mexico until the court resolves the case on its merits.

Deceptive arguments
In reaction to the court’s decision, Mexico’s Ministry of Environment stated it disagreed with the ruling and will challenge the court decision. According to the Ministry, Bayer sought to ignore the precautionary principle with “deceptive arguments”, while the court “did not take into account the damage to the health of Mexicans due to the use of this herbicide, which is demonstrated by medical and scientific research”. According to the Ministry, “the presidential decree has been received with great approval by the Mexican population and by many other countries that recognize the herbicide glyphosate is extremely harmful to human and environmental health”.

Presidential Decree
Ever since the Presidential Decree was issued in 2020, it has sparked heavy debate in Mexico among advocates and opponents of the ban. Environmental groups and organic farmers are largely in favour of the ban, while commercial farmers and Mexico’s National Agribusiness Council CNA are against it. Discussion also continues as to whether the ban on GM corn only applies to corn used for animal feed or also to corn directly used for human consumption. In the meantime, Mexican health regulator COFEPRIS refused to issue a permit for a new GM seed variety developed by Bayer in October 2021, according to news agency Reuters.

Scientific research
In reaction to this month’s court’s decision which allows Bayer to continue – for the time being - supplying glyphosate and GM seeds, Mexico’s National Science and Technology Council Conacyt informed in a statement that it will continue to promote scientific research and innovations in order to develope alternatives for glyphosate and glyphosate-resistant GM seeds, in line with the 2020 Presidential Decree.