Biden administration asks U.S. Supreme Court to shun Bayer weedkiller appeal -Breaking
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© Reuters. FILE PHOTO – A pedestrian walks along the street near Washington, D.C.’s U.S. Supreme Court Building, U.S.A, February 16, 2022. REUTERS/Jon Cherry/File photoWASHINGTON (Reuters] – The administration of President Joe Biden on Tuesday requested that the U.S. Supreme Court refrain from hearing their request. Bayer AG (ETR.) The company is trying to dismiss customer claims that Roundup’s weedkiller caused cancer.
In a court filing, Elizabeth Prelogar (Solicitor General), who represented the administration in front of the high court stated that Bayer’s appeal must be denied.
Bayer filed last August a petition asking for the court to overturn a lower court decision awarding $25 million to Edwin Hardeman of California. Hardeman was a Roundup user and attributed his cancer to the German chemical and pharmaceutical giant. In December, the Supreme Court asked Biden’s Administration to give its opinions. The conclusions of the solicitor general are generally respected by the justices.
Bayer claims that Roundup and its active component glyphosate are causing cancer and is contrary to sound science. The EPA has confirmed the guidance that glyphosate can be used in the indicated manner and does not pose a threat to public health.
Bayer has been sued for allegedly failing to warn customers about the cancer risks.
Prelogar refuted Bayer’s claim that the EPA label approval was made under a federal law, the Federal Insecticide, Fungicide and Rodenticide Act, which preempts state-law “failure of warn” claims.
Prelogar stated that the approval by EPA of labels that do not warn about specific chronic risks doesn’t preempt a state law requirement for such warnings.
Bayer’s maneuvers in trying to reduce its legal liability in thousands are closely monitored as the Supreme Court decides whether or not to hear this matter.
According to a company statement, Bayer believed it had strong legal arguments that would support the Supreme Court’s decision to take up the case.
Bayer asked the Supreme Court to review the verdict in Hardeman’s case, which was upheld https://www.reuters.com/business/healthcare-pharmaceuticals/us-appeals-court-upholds-verdict-that-bayers-roundup-caused-cancer-2021-05-14 by the San Francisco-based 9th U.S. Circuit Court of Appeals, May. Hardeman, who had been using Roundup at home for 26 years in Northern California, was first diagnosed with nonHodgkin’s Lymphoma.
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