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California Argues for State Law in Appeal of Roundup Case

  • Legal Development 21 April 2020 21 April 2020
  • Americas

  • Insurance & Reinsurance

On March 23, 2020, the California attorney general’s office asked the Court of Appeals for the Ninth Circuit to reject an appeal by Bayer AG to overturn a $25 million verdict.

California Argues for State Law in Appeal of Roundup Case

On March 23, 2020, the California attorney general’s office asked the Court of Appeals for the Ninth Circuit to reject an appeal by Bayer AG to overturn a $25 million verdict favoring a man’s claim that glyphosate, the active ingredient in Bayer’s Roundup product, was the cause of his cancer and Bayer did not properly warn that the product had cancer risks. Bayer’s appeal argues that the Environmental Protection Agency (EPA) has approved the sale of glyphosate, found that glyphosate is not a human carcinogen, and argued that states may not apply further product package labeling requirements beyond those required by the federal government in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). California state law requires businesses to include a cancer warning for products that include glyphosate and the state argues this law does not contradict FIFRA because California requires a “point-of-sale warning” rather than a warning on the product’s package label, which is disallowed by the EPA. Bayer’s appeal also argues that the lower court should not have allowed the plaintiff to present a research claim by the International Agency for Research on Cancer (IARC) that glyphosate is “probably carcinogenic” and, furthermore, should not have rejected Bayer’s attempt to present evidence against IARC’s claim. A copy of the case filing can be accessed here.

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