Federal court denies Bayer’s appeal, reviving cancer lawsuit
Published: August 2, 2022
Category: Pesticides, The Non-GMO Blog
The 11th U.S. Circuit Court of Appeals in Montgomery, Alabama has dealt another blow to chemical giant Bayer over its controversial Roundup herbicide. The federal appeals court rejected the argument that federal law shielded the company from state laws claims, such as the one from John Carson, diagnosed with malignant fibrous histiocytoma after using Roundup for 30 years.
Carson argued that a warning label should have been on the product, but Bayer countered by saying that a warning label would be “inconsistent” with the label approved by the U.S. Environmental Protection Agency. Bayer continues to affirm that decades of studies validate the safety of the herbicide’s main ingredient, glyphosate.
The same argument from Bayer was rejected by a 9th Circuit Court of Appeals in California in 2020. Bayer wanted an appeals court victory to establish a conflict between outcomes so as to take the case to the U.S. Supreme Court. Thus far, the Court has rejected the company’s petitions to hear lawsuits over Roundup.
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Organic & Non-GMO Insights August 2022