The Supreme Court is set to hear arguments Monday on a Missouri case in which a jury awarded $1.25 million to a man who developed non-Hodgkin lymphoma after spraying Roundup on a community garden in St. Louis. Jurors held Monsanto liable for failing to warn of the risk.
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Bayer contends federal pesticide laws preempt failure-to-warn claims under state laws, because states cannot require additional labeling.
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Trump’s administration has sided with Bayer, reversing the position of former President Joe Biden administration and putting it at odds with some supporters of the Make America Healthy Again agenda who oppose giving companies legal immunity from such claims.
The case has drawn a lot of attention. Agricultural groups, business associations, health care organizations, plaintiffs’ attorneys and state elected officials have combined to file about 30 separate legal briefs urging the high court to rule either for or against Bayer’s assertion of federal legal protection.
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Among them is a group of former EPA officials who say the state lawsuits should be allowed. Roundup’s maker never proposed that EPA include a cancer warning on its labels, so the lack of such labeling “cannot be understood as an implicit rejection of such a warning” and should not preempt failure-to-warn lawsuits, their court filing says.
