Monsanto Petition Denied by Supreme Court
The Lyon Firm is reviewing the recent Supreme Court rejection of Monsanto (Bayer’s) petition to get thousands of cases thrown out. The Firm is still investigating Roundup exposure cancer claims on behalf of victims nationwide.
The Supreme Court rejected Bayer’s petition to review a decision that found the federal pesticide law does not preempt state-law claims that Roundup was misbranded because it does not carry a cancer warning.
The nation’s highest court rejected another petition this month that resulted in a verdict of about $25 million for a Roundup plaintiff. Monsanto (Bayer) said that particular case was significant as a “bellwether” for other pending cases.
The most current figures issued by Monsanto show it has settled 107,000 of 138,000 Roundup cancer claims.
Bayer, which bought Monsanto in 2018, is likely to be under legal pressure for some time given the widespread use of the Roundup herbicide, which has been linked to deadly cancers.
In its legal petition, Monsanto said the question the Supreme Court should consider is whether the Federal Insecticide, Fungicide, and Rodenticide Act “preempts a state-law failure-to-warn claim where the warning cannot be added to a product without EPA approval and EPA has repeatedly concluded that the warning is not appropriate.”
Consumer protection attorneys and plaintiffs, however, argue that state laws that require manufacturers to design “reasonably safe products” are not preempted because they impose no labeling requirements.
If you or a loved one has been diagnosed with a cancer related to the use of Roundup or another chemical, contact The Lyon Firm for a free consultation.