Bayer has achieved a significant legal victory in its ongoing battle to limit liability from claims that its Roundup weed killer causes cancer. A U.S. appeals court ruled on Thursday that federal law protects the German company from a lawsuit by Pennsylvania landscaper David Schaffner, who claimed Bayer’s Monsanto unit failed to include a cancer warning on Roundup’s label.
Schaffner, diagnosed with non-Hodgkin’s lymphoma in 2006, and his wife Theresa filed a lawsuit against Bayer in 2019, citing the impact of his illness on their relationship. However, the 3rd U.S. Circuit Court of Appeals in Philadelphia determined that the Federal Insecticide, Fungicide, and Rodenticide Act mandates uniformity in pesticide labeling across the nation, thereby preventing Pennsylvania from imposing additional warning requirements.
Bayer expressed satisfaction with the decision, noting that it contradicts similar rulings from federal appeals courts in San Francisco and Atlanta, which could lead to the U.S. Supreme Court intervening to resolve these discrepancies and potentially lessen Bayer’s liabilities.
Bayer’s shares, which have struggled due to litigation risks, rose by 2.6% in premarket trading following the ruling. Meanwhile, Chip Becker, attorney for the Schaffners, expressed disappointment and indicated that they are considering their legal options.
Despite settling a significant portion of its Roundup litigation for $10.9 billion in 2020, Bayer still faces approximately 58,000 claims. The company has consistently maintained that Roundup and its active ingredient glyphosate are safe.