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U.S Supreme Court leaves weed killer award in place

Posted by Brad Ponder | Jul 22, 2022 | 0 Comments

The U.S. Supreme Court dismissed the recent challenge to a lawsuit filed by two individuals affected by a well-known weed killer known as Roundup. Many people across the country have claimed that this product causes cancer. The German manufacturer, Bayer AG, however, is claiming otherwise and aimed to fight back against the recent multi-million dollar judgement.

The justices turned away an appeal and left the $87 million award in tact. However, Bayer, says that the negative evidence regarding its active ingredient in the product, glyphosate, is not true. The company is relying on a contention by the EPA that indicates glyphosate does not cause a threat to health. They were hoping the Supreme Court would agree and allow a review but to no avail.

The original lawsuit

The original lawsuit stemmed from a couple in California who used the product over a period of many years. Both were diagnosed with non-Hodgkin's lymphoma, a type of lymph cancer, and claims the weed killer was the cause. They took the claim to court and was awarded $2 billion from a jury.

The judge, however, reduced the award to $87 million. Now, the California Supreme Court has allowed the award to stand, ruling against the appeal by the manufacturer.

Warning users

The manufacturer had an obligation to warn users about the risks of this product, says those who have brought lawsuits against the entity. Buying the brand in 2018, in $63 billion purchase of agricultural seeds and pesticides from a well-known mega-company, did not prevent the present owner, Bayer, from responsibility.

Farmers may still be at risk

Although Bayer has allegedly made an agreement to limit sales of the weed killer to non-professional gardeners, it plans to still continue to sell the weed killer to farmers.

About the Author

Brad Ponder

Brad specializes in complex litigation, including class actions and mass torts in both state and federal court. He represents consumer and business owners in a variety of lawsuits, including class actions and high-stakes litigation against major corporations. 

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