Global life sciences leader Bayer is applauding the support of the US Solicitor General as it urges the Supreme Court to consider Durnell vs Bayer, a case the firm claims could transform the landscape of Roundup litigation across the country.
Bayer stated that the government’s backing for its petition for a writ of certiorari, along with its agreement with the company’s preemption claims, greatly enhances the request.
The core of the conflict lies in a significant divide among federal circuit courts regarding whether federal law supersedes state failure-to-warn claims in personal-injury cases involving Roundup. Bayer contends that this conflict can only be resolved by the Supreme Court.
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“The support of the U.S. Government is an important step and good news for U.S. farmers, who need regulatory clarity. The stakes could not be higher as the misapplication of federal law jeopardizes the availability of innovative tools for farmers and investments in the broader US economy,” said CEO Bill Anderson.
The firm emphasizes that the issue of preemption goes well beyond just herbicides. Language akin to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) can also be found in federal regulations related to medical devices, meat and poultry products, as well as motor vehicles. Bayer contends that companies should not incur state-law penalties for adhering to federally required labeling standards.
According to Bayer, a Supreme Court decision that supports the preemption defense could be crucial in settling tens of thousands of ongoing Roundup lawsuits—primarily based on failure-to-warn accusations. The firm highlights conclusions by the EPA and global regulators who have consistently stated that glyphosate, the main component of Roundup, can be used without risk.
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