A hearing has been scheduled for San Francisco June 2 in an appeal of the first Roundup cancer case to go to trial.
A state court jury awarded school groundskeeper Dewayne Lee Johnson $289 million in August 2018 in his case against Monsanto, finding the company had failed to warn him of the dangers of exposure to the glyphosate-based herbicide. The judge reduced that amount to $78 million.
Monsanto, bought by Bayer in 2018, contends on appeal that the Federal Insecticide, Fungicide, and Rodenticide Act preempts California law, meaning that EPA “would have rejected Monsanto’s request” to a state-required warning label.
The case was the first of thousands of claims made against the product. Bayer and attorneys for thousands of plaintiffs have reportedly been negotiating a settlement, but talks have stalled recently.
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