The US Supreme Court has overturned a jury award for plaintiffs who successfully sued over cancer allegedly caused by Roundup, a popular weed killer. The Court ruled that the plaintiff’s lawsuit was preempted by federal law, meaning he could not seek a remedy in state court. As a result, not only was this particular case overturned, but now thousands of other lawsuits involving Roundup are potentially in peril.
What Was This Lawsuit About?
The lawsuit concerns a man who sued Bayer AG, a major pharmaceutical and chemical manufacturer, over their product Roundup, an herbicide commonly used in gardening and agriculture. The man used the product for decades, unaware that its primary active ingredient, glyphosate, could increase the risk of certain cancers.
He was later diagnosed with non-Hodgkin’s lymphoma, and was able to successfully sue Bayer, and won $1.25 million at a jury trial. This was based on the idea that Bayer had a responsibility to warn people of the risk that glyphosate was a carcinogen.
What Was The Legal Issue Being Argued?
Bayer appealed the judgment, arguing that the requirements for what warnings to put on their products’ labels are decided by the federal Environmental Protection Agency (EPA). This, they claimed, preempted any state claims, and meant that the plaintiff could not sue them in state court. The plaintiff, meanwhile, argued against this idea, adhering to traditional notions of product liability, which can hold manufacturers accountable when they fail to disclose known risks of the products they make and sell.
What Did the Court Decide?
In a 7-2 ruling, the Supreme Court agreed with the preemption argument put forward by Bayer. This effectively means that Bayer cannot be held legally responsible for failing to disclose the cancer risk posed by Roundup, because the EPA did not require them to disclose it on their label. As a result, the plaintiff’s jury award has been overturned, and Bayer will not need to pay anything, regardless of any evidence tying their product to his cancer.
Why Does This Matter?
In the immediate sense, this case could have serious ramifications for the thousands of other Roundup cases currently going through state and federal courts throughout the country. Many of them will likely be dismissed or overturned, while others may be substantially delayed as they attempt to exercise their legal rights in light of the new decision. In the long term, it will also make it substantially harder for many plaintiffs to seek justice for harm caused by manufacturers who choose to hide the dangerous side effects of their products.
Williams Cedar is a law firm dedicated to helping clients with personal injury, environmental law, and civil rights cases. We have extensive experience representing the interests of people injured in catastrophic accidents, including fires, explosions and leaks of toxic materials. If you believe we can be of service to you or a loved one, please give us a call at our New Jersey and Pennsylvania offices at (215) 557-0099, or visit our contact page.