November 14, 2024

Merck on Hook for Talc Claims After $14 Billion Bayer Deal (1)

Coppertone #Coppertone

Merck & Co. can’t escape asbestos-related liability claims stemming from talcum-based product lines it sold to Bayer AG, the Delaware Supreme Court affirmed Thursday in a one-page order.

The justices upheld the Delaware Chancery Court’s decision to dismiss Merck’s efforts to pass litigation to Bayer from consumers who alleged the company’s talc powder products contained asbestos, prior to the closing of the 2014 deal.

  • Merck unsuccessfully argued that sunset provisions in a separate part of the purchase agreement also applied to asbestos-related liabilities that the company explicitly retained
  • The 2014 deal transferred the Coppertone, Claritin, and Dr. Scholl’s brands
  • “Bayer …
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