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Monsanto Roundup Cancer Litigation Overview:
- Who: Bayer AG, the owner of Monsanto, is asking the U.S. Supreme Court to review a multi-million-dollar decision against it in a bellwether case consolidated in a multidistrict litigation over cancer allegedly caused by Roundup pesticide.
- Why: Bayer AG argues that this bellwether case and thousands of others are based on state “failure-to-warn” claims, when in fact they are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The company also alleges that causation witnesses were allowed to provide “unsupported testimony on the principal issue in the case, Roundup’s safety profile.”
- Where: The thousands of cases against Monsanto and Bayer AG over Roundup were filed by plaintiffs across the country.
Monsanto owner Bayer AG is asking the U.S. Supreme Court to review a $25 million decision made against it in nationwide Roundup cancer litigation, as it looks down the barrel of tens of thousands of similar cases.
On Monday, Bayer AG filed a petition with the court, asking it to review the decision made in the Ninth Circuit Court of Appeals’ in the case of Plaintiff Edwin Hardeman.
Roundup is a pesticide with the active ingredient glyphosate. Since 2015, thousands of cancer victims have sued Monsanto in state and federal court, saying Roundup gave them cancer.
Hardeman’s case is one of three bellwether trials for the federal cases consolidated in a multidistrict litigation so far that has been held against Monsanto.
The cases allege that the company’s glyphosate-based herbicides, used in Roundup, cause cancer, and that Monsanto knew about it and tried to conceal it.
During Hardeman’s trial in 2019, his lawyers presented scientific research showing cancer connections to Monsanto’s herbicides, USRTK reported.
They also presented evidence of Monsanto strategy aimed at hiding the risks of the products, including allegedly having company scientists ghost-write scientific papers to convince regulators of the products’ safety.
In May this year, the appeals court affirmed the district court’s judgment in favor of Hardeman in his action alleging that Monsanto’s pesticide, Roundup, caused his non-Hodgkin’s lymphoma.
But Bayer argues that Hardeman’s case, and thousands of others, are based on state “failure-to-warn” claims, when in fact they are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
The company also alleges that causation witnesses were allowed to provide “unsupported testimony on the principal issue in the case, Roundup’s safety profile.”
A decision in Hardeman’s case could impact the outcomes for the tens of thousands of other plaintiffs who are waiting for their cases to be heard.
American agricultural technology company Monsanto was known for being a key producer of chemical, agricultural and biochemical products until it was acquired by Bayer in 2018.
Despite the acquisition, Monsanto has been subject to numerous consumer complaints and lawsuits, after reports of dangerous products that claimants say cause diseases. The Monsanto class action lawsuit filings follow claims that Roundup weed killer causes cancer and is hazardous to humans, and more.
Click here to learn more about the latest Monsanto class action lawsuit updates, the potential lawsuit settlement amounts, and find out about any recent Monsanto news updates to discover if there are any lawsuit settlements or class action investigations that you may be able to join.
What do you think about these cases against Bayer AG? Let us know in the comments!
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