The Trump administration has called upon the Supreme Court to intervene in a case involving Bayer, the parent company of Monsanto, which was found liable for failing to warn about the risks associated with its product.
Bayer explained in a press release that the case centers on the “cross-cutting question of whether federal law preempts state claims based on failure-to-warn theories” and “warrants review and resolution by the country’s top court.”
Bayer asked the Supreme Court to overturn the ruling in April. Solicitor General John Sauer has now filed a brief in support of Bayer, writing, “EPA has repeatedly determined that glyphosate is not likely to be carcinogenic in humans, and the agency has repeatedly approved Roundup labels that did not contain cancer warnings.” He noted that “a jury may second-guess the agency’s science-based judgments and hold petitioner liable for failing to provide warnings ‘in addition to or different from those required under.'”
“Where, as here, EPA has specified the health warnings that should appear on a particular pesticide’s label, a manufacturer should not be left subject to ’50 different labeling regimes prescribing’ different requirements,” Sauer added.
Bayer CEO Bill Anderson thanked the Trump administration for its involvement in the case, stating, “The support of the U.S. Government is an important step and good news for U.S. farmers, who need regulatory clarity. The stakes could not be higher as the misapplication of federal law jeopardizes the availability of innovative tools for farmers and investments in the broader U.S. economy.”
In a separate case, a Georgia court awarded plaintiff John Barnes $2 billion in damages in a lawsuit against Bayer’s weedkiller product Roundup. Barnes argued that the product caused cancer development.
