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Roundup Lawsuits Against Bayer Will Continue After US Appeals Court Rejects Federal Preemption Argument

Roundup lawsuits will go on after the U.S. Appeals Court dismissed Bayer's argument that they shouldn't be shielded from state lawsuits due to federal law.

Roundup-lawsuit

In the past, Bayer and Monsanto put forward a case to prevent Roundup lawsuits from proceeding before federal courts worldwide. They said that the claims shouldn’t be heard since they would have to satisfy different requirements regarding labelling at both the federal and state levels.

The plaintiff in the case, Carson, used Roundup between 1986 and the year in 2016. They weren’t aware of any dangers to their health since the product’s label contained no warnings about cancer. Before that, Carson and Bayer reached an agreement for a settlement of $100,000. But, Carson kept the power to appeal claims of failure to warn.

Fortunately, the Federal appeals court denied Monsanto’s argument in opposition to Carson.

The decision of the court stated the Monsanto argument in its entirety:

Monsanto asserted the FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) was preempted by Carson’s state law claims because they claimed that the Environmental Protection Agency approved Roundup’s label without any warning about cancer and identified the primary ingredient of Roundup in the form of “not likely to be carcinogenic.”

In reaction to Monsanto’s argument, the court stated:

We conclude that FIFRA does not explicitly preempt Carson’s claim of failure to warn. Preemption by FIFRA applies only to state-specific requirements in which the state’s requirements can be described as “in addition to or different from” federal requirements. Furthermore, Georgia common law doesn’t apply obligations “in addition to or different from” FIFRA’s requirements. Instead, Georgia common law is more lenient than federal regulations.

We find that implicit preemption insufficiently precludes Carson’s claim of not warning. Monsanto did not meet its obligation to prove that, in a decision subject to the law’s authority, the Agency could not have endorsed the warning label Carson proposed. Thus, Monsanto has not proved that it would comply with the state and FIFRA standards.

Simply put, while the EPA approved the label of Roundup without warnings about cancer, Monsanto has no evidence to show that FIFRA would not have accepted the warning labels Carson (the defendant) suggested. In any case, the court determined that compliance with FIFRA guidelines for labeling is not a reason to stop individuals such as Carson from pursuing non-compliance to inform cases.

No End in Sight for Roundup Lawsuits

In the last eight years, more than 120,000 Roundup lawsuits have been filed in the United States. They assert that Roundup did not inform consumers about potential dangers to their health, and a lot of consumers, both at home as well as in agricultural settings, have been diagnosed with cancer as a result.

The case first came to light in 2015 and has shown no signs of abating. There are more and more people linking their non-Hodgkin’s Lymphoma with the usage of the weedkiller and filing claims as a result of it.

Bayer, as well as Monsanto, have mediated hundreds of thousands of disputes. However, they continue to come up with new cases. Many plaintiffs refuse to accept settlement offers and have instead brought the company to trial to seek compensation for their injuries.

Since their preemption argument was recently rejected, Bayer and Monsanto can expect to see an increasing number of individual lawsuits brought against them.

If you or someone close to you has been diagnosed with cancer as a result of Roundup weed killer, our team of highly experienced and caring Roundup lawyers will assist you in filing a claim and secure the amount of compensation you’re entitled to.

Recent Victories for Roundup Lawsuit Plaintiffs

Bayer has recently been forced to settle large settlements. A significant win for Roundup plaintiffs in a lawsuit came in January 2024, when the companies were ordered to compensate $2.2 billion in damages to a landscaper from Pennsylvania diagnosed as having non-Hodgkin’s Lymphoma.

Just a few months prior, in November 2023, Bayer and Monsanto paid an additional $1.5 billion to victims who had suffered similar losses.

We can anticipate Bayer and Monsanto will continue making large payments to people who have been affected by Roundup in the last few years. Since their preemption argument was rejected, victims should continue to seek the compensation they are due.

If you believe Roundup led to your development of cancer, our group of Roundup Lawsuit Lawyers can assist. Reach us at The Justice Now online or by calling us at +1-530-201-4340.

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