Bayer Statement on Eleventh Circuit Decision in Carson

Bayer today issued the following statement on the Eleventh Circuit’s decision in the Carson case:

“We respectfully disagree with the Eleventh Circuit’s decision, as a cancer warning would deviate from Roundup™’s EPA-approved labeling, render the product misbranded, and require the company to make a label change that would be contrary to the consistent conclusions of EPA’s scientific assessments for more than four decades. The Court’s determination that the FIFRA’s statutory registration process is not sufficiently formal to trigger preemption is inconsistent with Supreme Court precedent, and the company will review its legal options regarding further proceedings.

“Bayer continues to stand fully behind its Roundup™ products, as the weight of scientific evidence and the conclusions of expert regulators worldwide continue to support the safety of glyphosate-based herbicides and that they are not carcinogenic.”