Bayer has recently updated its Technology Use Agreement (TUG), including the addition of a class action waiver. This means that customers must agree to individual arbitration in case of disputes instead of participating in class action lawsuits against Bayer.
Jacob Prather, Bayer’s stewardship lead, informed dealers and growers about these updates earlier this year. He emphasized that these changes are meant to maintain the value of Bayer’s technologies for future generations.
The class action waiver is just one of several updates to the TUG. Similar to agreements with other trait providers, the TUG includes a class action waiver in Section 4(f) starting in 2024. This means that both growers and Bayer agree not to participate in class actions against each other, while still retaining the ability to bring individual lawsuits.
The addition of the class action waiver has generated discussions among legal experts and consumer advocacy groups. Some believe it could limit customers’ ability to address legitimate grievances, while others see it as a way to streamline dispute resolution.
Prather reassured customers that they can still pursue individual arbitration even if they agree to the class action waiver. Growers should be aware of state agriculture laws and regulations regarding legal actions such as arbitration.
For more information on the complete terms of the agreement, customers can view them on AgCelerate.com and tug.bayer.com.
