Monsanto has reportedly brought in the Environmental Protection Agency to fight a $25 million judgment in a cancer lawsuit alleging Roundup herbicide causes non-Hodgkin’s lymphoma.

According to a recent report by legal news source Law360, a federal judge did not appear to look favorably on the tactic, however. Reportedly, in a recent virtual hearing, a Ninth Circuit judge questioned whether the EPA’s approval of the active ingredient in Roundup, glyphosate, is pertinent to the case.

$25 Million Verdict in Roundup Herbicide Lawsuit

Monsanto is attempting to escape a multimillion-dollar verdict awarded by a California jury to a man who says that exposure to Roundup caused non-Hodgkin’s lymphoma.

According to The Guardian, Edwin H. was going through chemotherapy in 2015 when he discovered that there may be a link between his cancer and Roundup herbicide. He later became the first to win in a lawsuit against Monsanto alleging that the company knew about the hazards of their top-selling weed killer, but hid this information from the public.

The Guardian reports that Edwin was originally awarded $80 million in damages, but this award was later reduced because it was considered excessive.

Monsanto Points to EPA Approval of Glyphosate

In a recent tactic, Monsanto has reportedly pointed to regulatory approval from the U.S. Environmental Protection Agency for the active ingredient in Roundup, glyphosate. According to Capital Press, Monsanto contends that the verdict in the Roundup lawsuit should be preempted by the finding of the agency that glyphosate is not a carcinogen.

Indeed, in an appeal, the company contends that a jury never should have heard the Roundup lawsuit.

“The trial in this case never should have been held because the claims are pre-empted and because the causation opinions that plaintiff’s experts offered did not pass a proper gate-keeping analysis,” Monsanto’s attorney reported stated.

According to the Insurance Journal, Monsanto thinks that this verdict will shape future litigation over Roundup.

Monsanto reportedly pointed to 45 different EPA approvals of Roundup warning labels that did not list a cancer risk. The company claimed that it could not be held responsible for not including a cancer warning after the EPA approved these labels.

Monsanto May Not Escape Liability

In a recent hearing, the Ninth Circuit Court of Appeals reportedly viewed Monsanto’s claims with skepticism. According to Law360, one judge on the panel pointed out that a provision in the Federal Insecticide Fungicide and Rodenticide Act states that registration of a product under that Act does not shield a company from liability.

The plaintiff’s attorney also argued that the EPA regulations used by Monsanto to argue for reversal should not preempt the jury’s decision in this case.

“We agree that regulation can have power to preempt, but not here,” said the attorney at the hearing, according to Law360.

Bayer Faces Thousands of Roundup Lawsuits

Bayer, who bought Monsanto for $63 billion in 2018, has been named in thousands of lawsuits alleging the weed killer causes non-Hodgkin’s lymphoma and the public was not warned about the link. Law360 reports that Bayer has lost three major lawsuits, all resulting in multi-million-dollar verdicts for the plaintiffs.

In addition, the company is in negotiations to settle multidistrict litigation that would end thousands of Roundup lawsuits. Reportedly, Bayer reneged on a $10.1 billion settlement agreement, but so-called binding settlements have recently been announced.

The Insurance Journal reports that, since Edwin’s $80 million jury verdict was announced in 2018, the company has faced a 23% decline in its stock value.

The Roundup Herbicide Lawsuit is Edwin H. v. Monsanto Co., Case Nos.19-16253, 19-16255, 19-16636 and 19- 16708, in the U.S. Court of Appeals for the Ninth Circuit.