Bayer AG plans to argue that a $2 billion jury award and thousands of U.S. lawsu...
NEW YORK - Bayer AG plans to argue that a $2 billion jury award and thousands of U.S. lawsuits claiming its glyphosate-based weed killer Roundup causes cancer should be tossed because a U.S. regulatory agency said the herbicide is not a public health risk.
Bayer, which inherited the Roundup litigation with its $63 billion acquisition of Monsanto last year, faces lawsuits by more than 13,400 plaintiffs nationwide, alleging the product causes cancer. On April 30, the EPA reaffirmed prior guidance saying that glyphosate is not a carcinogen and not a risk to public health when used in accordance with its current label..
Preemption is generally regarded as a “silver bullet defense” because it stops claims across the board, said Adam Zimmerman, a law professor at Loyola Law School in Los Angeles. “In light of the Bates decision, it’s going to be an uphill battle for the company to win on preemption on appeal,” Zimmerman said.
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