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Appeals Court Rules in Favor of Bayer-Owned Monsanto in Roundup Cancer Case


Key Takeaways

  • A U.S. appeals court ruled in favor of Bayer-owned Monsanto in a lawsuit alleging the company failed to warn customers about the cancer risk of its Roundup weed killer.
  • The court said state labeling requirements cannot usurp federal ones, and the Environmental Protection Agency (EPA) did not require a cancer warning on Roundup.
  • The decision conflicts with those from other courts, and the company argued that the U.S. Supreme Court should settle the issue.

In a big victory for Bayer-owned Monsanto, a federal court overturned a verdict finding the company responsible over claims its Roundup weed killer causes cancer.

The U.S. Court of Appeals for the Third Circuit in Philadelphia ruled against David Schaffner, Jr. and Theresa Sue Schaffner of Pennsylvania, who charged that Monsanto violated that state’s law by failing to include a cancer warning on the label of the weed killer. The lawsuit claimed that omission led David Schaffner to develop non-Hodgkin’s Lymphoma through exposure to Roundup.

However, the court pointed to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which prevents states from labeling requirements that are different from U.S. law. It said since the Environmental Protection Agency (EPA) approved Roundup’s labeling without the cancer warning, there was no violation.

The decision conflicts with those of appeals courts in Atlanta and San Francisco in similar Roundup cases. 

Bayer Says Supreme Court Should ‘Settle This Important Issue of Law’

In a statement to Investopedia, Bayer explained that it was happy with the ruling, and argued that the U.S. Supreme Court should “settle this important issue of law.” Bayer has consistently maintained that Roundup does not cause cancer.

The news sent shares of Bayer soaring more than 11% in German trading Friday.

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