Bayer bets on ‘silver bullet’ defense in Roundup litigation; experts see hurdles
Reuters | By Tina Bellon
On Wednesday, the company said it will argue that the lawsuits, which are brought under state law, conflict with guidance from a federal agency, the U.S. Environmental Protection Agency.
On April 30, the EPA reaffirmed prior guidance saying that glyphosate is not a carcinogen and not a risk to public health when used in accordance with its current label..
Citing the EPA decision, Bayer has repeatedly rebuked plaintiffs’ calls to add a cancer warning to Roundup, saying the agency would reject that change.
Under the legal doctrine of preemption, state law claims are barred if they conflict with federal law.
“We have very strong arguments that the claims here are preempted … and the recent EPA registration decision is an important aspect of that defense,” William Hoffman, one of Bayer’s lawyers, said during a call with reporters on Wednesday. Hoffman said the argument applied to all U.S. Roundup lawsuits.