Aug 15 (Reuters) - Bayer won a legal victory
in its fight to limit liability from claims that its Roundup
weed killer causes cancer, as a U.S. appeals court on Thursday
said federal law shields the German company from a lawsuit by a
Pennsylvania landscaper.
The 3rd U.S. Circuit Court of Appeals in Philadelphia
rejected plaintiff David Schaffner's claim that Bayer's Monsanto
unit violated state law by failing to put a cancer warning on
the label for Roundup.
Schaffner was diagnosed in 2006 with a kind of cancer called
non-Hodgkins lymphoma, a common claim for Roundup plaintiffs.
He and his wife Theresa sued Bayer in 2019, in part over how
his illness affected their relationship.
Chief Judge Michael Chagares wrote for a unanimous
three-judge panel that the Federal Insecticide, Fungicide, and
Rodenticide Act requires nationwide uniformity in pesticide
labels, and prevented Pennsylvania from adding a cancer warning.
Bayer said the decision conflicts with rulings from federal
appeals courts in San Francisco and Atlanta in similar cases.
That may increase the prospect that the U.S. Supreme Court
could step in to resolve the split, and potentially reduce
Bayer's liabilities.
Lawyers for the Schaffners did not immediately respond to
requests for comment.
Bayer said it was pleased with the decision, and the Supreme
Court should "settle this important issue of law."
It has maintained that Roundup and its active ingredient
glyphosate are safe, and said it "continues to stand fully
behind" the brand.
Bayer has faced extensive litigation over Roundup, and has
seen its share price fall more than 73% since buying Monsanto
for $63 billion in June 2018.
The company settled much of the Roundup litigation for $10.9
billion in 2020, but still faces about 58,000 claims. Another
114,000 claims have been settled or deemed ineligible.
Though Bayer won 14 of 23 Roundup trials through July 23,
one victory was overturned on appeal, and the losses saddled it
with billions of dollars of damages awards.
The Schaffners settled with Bayer in September 2022,
conditioned on Bayer being unable to convince courts that
federal law preempted Pennsylvania from requiring a cancer
warning.
Chagares said it did, and that this approach "best achieves
Congress's stated aim of uniformity in pesticide labeling."
Roundup is among the most widely used weed killers in the
United States. Bayer phased out sales for home use last year.
The case is Schaffner et al v Monsanto Corp, 3rd U.S.
Circuit Court of Appeals, No. 22-3075.