In the first round of a trial that could be a bellwether for future cases involving the controversial herbicide ingredient glyphosate, a federal court jury in San Francisco has unanimously found that the former Monsanto’s Roundup herbicide was a “substantial factor” in plaintiff Edward Hardeman’s non-Hodgkin lymphoma (NHL).

The initial verdict on Mar. 19, after only five days of deliberation over scientific evidence that glyphosate could cause cancer, paves the way for the same jury to determine in a second phase whether Monsanto – bought out last year by Germany’s Bayer – is liable and the new owner must pay damages.

In the second round, the court’s verdict is expected to help determine the size of potential damage awards. According to a member of his legal team, Hardeman sprayed around 6,000 gallons (almost 23,000 liters) of the herbicide on invasive weeds at his property over the course of 26 years.

Yesterday’s judgment was the second of only two US trials involving Roundup to be heard. More than 11,000 cases are pending. Over 760 cases dealing with Monsanto’s liability and the threat posed glyphosate have been consolidated in the same San Francisco federal court.

In August last year, a jury in a California state court found that the herbicide caused a school groundskeeper’s non-Hodgkin lymphoma and awarded Dewayne Johnson $289 million. A judge later reduced the award to $78 million. Bayer is appealing.

The former German chemicals now focused on life sciences group expressed disappointment with the current trial’s initial verdict, but said it is “confident the evidence in phase two will show that Monsanto’s conduct has been appropriate and the company should not be liable for Mr. Hardeman’s cancer.”

In a controversial decision in February, Judge Vince Chhabria granted Bayer’s request to limit the trial’s first phase to presentation of scientific evidence, whereby Hardeman’s lawyers were not allowed to address alleged efforts by Monsanto to influence scientists, regulators and the public.

This evidence will be admissible in the second phase.

EU court tells EFSA to release glyphosate studies

The EU’s General Court in Luxembourg meanwhile has ordered the European Food Safety Authority (EFSA) to publish the results of its study into glyphosate’s potentially carcinogenic properties.

In two cases brought by Green members of the European Parliament among others, the judges annulled two EFSA decisions that had denied access to details of the studies. The agency said in a statement it welcomed the court’s ruling as it provides orientation for those charged with interpreting EU legislation on public access to documents.

Both EFSA and the US Environmental Protection Agency (EPA) have given glyphosate a clean bill of health. However, a recent study by five US authors, currently being reviewed by the EPA, suggested a “compelling link” between exposure to glyphosate-based herbicides and an increased risk for non-Hodgkin lymphoma.