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  3. Bayer bets on 'silver bullet' defense in Roundup litigation; experts see hurdles

Bayer bets on ‘silver bullet’ defense in Roundup litigation; experts see hurdles

May 16, 2019 in In The News

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.

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January 2, 2020
Regulators
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Five-Point Plan to address potential future Roundup™ claims

Bayer today provided an update on its five-point plan to address future Roundup™ litigation risk after its May 27th decision to withdraw from the national class process. The company is now in more control of important aspects of the risk mitigation process and has sketched out two basic scenarios going forward to provide a path to closure of this litigation. The first scenario is based on obtaining a favorable decision by the United States Supreme Court on a cross-cutting issue like federal preemption which would effectively and largely end the U.S. Roundup™ litigation. The second scenario assumes that the Supreme Court either declines to hear the Hardeman case or issues a ruling in favor of plaintiff – in that case the company would activate its own claims administration program.

Read about the five-point plan here.

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